[Federal Register Volume 72, Number 119 (Thursday, June 21, 2007)]
[Unknown Section]
[Pages 34163-34176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12023]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 319
[Docket No. APHIS-2006-0040]
RIN 0579-AC10
Importation of Fruit From Thailand
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation into the United States of litchi, longan, mango,
mangosteen, pineapple, and rambutan from Thailand. As a condition of
entry, these fruits must be grown in production areas that are
registered with and monitored by the national plant protection
organization of Thailand, treated with irradiation in Thailand, and
subject to inspection. The fruits must also be accompanied by a
phytosanitary certificate with an additional declaration stating that
the fruit had been treated with irradiation in Thailand. In the case of
litchi, the additional declaration must also state that the fruit had
been inspected and found to be free of Peronophythora litchii, a fungal
pest of litchi. Additionally, under this final rule, litchi and longan
imported from Thailand may not be imported into or distributed to the
State of Florida, due to the presence of litchi rust mite in Thailand.
This action allows the importation of litchi, longan, mango,
mangosteen, pineapple, and rambutan from Thailand into the United
States while continuing to provide protection against the introduction
of quarantine pests into the United States.
EFFECTIVE DATE: July 23, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist,
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road
Unit 140, 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 that are new to or not widely distributed
within the United States.
On July 26, 2006, we published in the Federal Register (71 FR
42319-42326, Docket No. APHIS-2006-0040) a proposal \1\ to amend the
regulations to allow the importation into the United States of litchi,
longan, mango, mangosteen, pineapple, and rambutan from Thailand. As a
condition of entry, we proposed to require that these fruits be grown
in production areas that are registered with and monitored by the
national plant protection organization (NPPO) of Thailand and treated
with irradiation in Thailand at a dose of 400 gray. The 400 gray dose
is approved to treat all plant pests of the class Insecta except pupae
and adults of the order Leipdoptera; we proposed to inspect for the
Lepidopteran pests for which the irradiation treatment is not approved.
We also proposed to require that the fruits be accompanied by a
phytosanitary certificate with an additional declaration stating that
the fruit had been treated with irradiation in Thailand. In the case of
litchi, the additional declaration would also have had to state that
the fruit had been inspected and found to be free of Peronophythora
litchii, a fungal pest of litchi.
---------------------------------------------------------------------------
\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-
2006-0040, then click ``Submit.'' Clicking on the Docket ID link in
the search results page will produce a list of all documents in the
docket.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
September 25, 2006. We received 43 comments by that date, from
producers, exporters, researchers, members of Congress, and
representatives of State governments. They are discussed below by
topic.
Based on the comments we received, we are making one change to the
regulations as they were proposed. In addition to the treatments and
safeguards included in the proposed rule, this final rule prohibits the
importation and distribution of litchi and longan from Thailand into
the State of Florida. We are making this change based on comments
regarding the risk associated with the litchi rust mite, Aceria litchi,
which is present in Thailand and is a pest of litchi and longan. The
comments on this topic are discussed in more detail below under the
heading ``Pests Named by Commenters That Were Not Addressed in the Risk
Management Document.''
General Comments
Several commenters expressed general concern about the risk that
importing litchi, longan, mango, mangosteen, pineapple, and rambutan
from Thailand could introduce plant pests into the United States. One
commenter was concerned that the importation of these fruits from
Thailand could introduce harmful plant pests into Florida. Two other
commenters were concerned that the same thing could happen in Hawaii,
which already struggles to control invasive species. One commenter
suggested that the entire State of Hawaii be designated as a natural
resource preserve.
We believe that the mitigations included in this final rule are
sufficient to mitigate the risk associated with the importation of
these fruits, and thus will prevent the introduction of invasive
species into the United States. In the case of litchi and longan, this
final rule adds a safeguard to the proposed rule to ensure that litchi
rust mite is not introduced to Florida.
[[Page 34164]]
The Animal and Plant Health Inspection Service (APHIS) does not
have the statutory authority to designate areas as natural resource
preserves.
One commenter asked whether APHIS had considered preparing an
environmental impact statement for the importation of the six tropical
fruits from Thailand.
We prepared an environmental assessment to support our proposed
action; it was available for public review and comment along with the
proposed rule. We received no comments specifically addressing the
environmental assessment. We have prepared an environmental assessment
and finding of no significant impact for this final rule; it can be
accessed through Regulations.gov (see footnote 1).
Our regulations in 9 CFR part 372 describe the procedures we use to
fulfill our obligations under the National Environmental Policy Act.
Section 372.5 describes the types of actions for which we would
normally prepare an environmental impact statement and the types of
actions for which we would normally prepare an environmental
assessment. An action for which we would normally prepare an
environmental assessment, as described in Sec. 372.5(b), ``may involve
the agency as a whole or an entire program, but generally is related to
a more discrete program component and is characterized by its limited
scope (particular sites, species, or activities) and potential effect
(impacting relatively few environmental values or systems). Individuals
and systems that may be affected can be identified. Methodologies,
strategies, and techniques employed to deal with the issues at hand are
seldom new or untested. Alternative means of dealing with those issues
are well established. Mitigation measures are generally available and
have been successfully employed.'' We believe these statements are all
consistent with the proposed action and the action taken in this final
rule, which allows the importation of a limited number of fruits from
one country, subject to mitigation measures that have been successfully
employed elsewhere.
One commenter addressed our characterization in the proposed rule
of pupae and adults of the order Lepidoptera as ``external feeders.''
This commenter stated that pupae of Lepidoptera do not feed, and that
it would be more accurate to state that pupae and adults of the order
Lepidoptera do not occur in fruit.
We agree with this comment, and we will use this wording to discuss
the issue as it arises elsewhere in this document. The comment does not
affect the rule text that we proposed, and we are making no changes
based on this comment in this final rule.
Requiring Production Areas To Be Registered With and Monitored by the
NPPO of Thailand
We proposed to require that all litchi, longan, mango, mangosteen,
pineapple, and rambutan imported from Thailand into the United States
be grown in a production area that is registered with and monitored by
the NPPO of Thailand.
Six commenters stated that the proposed rule did not describe how
this requirement would mitigate the risk associated with importing
these fruits from Thailand into the United States. One commenter noted
that the proposed rule stated that this requirement would result in
fruit that had fewer pests and thus maximize the effectiveness of the
irradiation treatment, but stated that we provided no supporting data
on the relationship between the number of pests in a specific fruit and
the ability of a specific dose of irradiation to neutralize those
pests.
We appreciate the opportunity to clarify our statement in the
proposed rule. When we referred to reducing the number of plant pests
in the fruit, our meaning was not that the requirement would reduce the
number of species of plant pests found in the fruit, but rather that it
would reduce the pest population found in the fruit.
Based on published research, we expect the irradiation dose of 400
gray to neutralize all plant pests of the class Insecta, except pupae
and adults of the order Lepidoptera, that are exposed to the dose.
(Pupae and adults of the order Lepidoptera are not approved for
treatment by the 400 gray dose because not enough research has been
done to judge whether the dose will be effective on those insects.\2\
The 400 gray dose has been determined to provide at least a Probit 9
level security based on tests performed on hundreds of thousands of
individual plant pests. A treatment that achieves Probit 9 security is
99.9968 percent effective against the treated plant pests--in other
words, if 1 million plant pests are subjected to the treatment, and 32
or fewer survive, the treatment is Probit 9 effective. However, if a
shipment of fruit being treated is heavily infested with pests, the
possibility of having some pests survive a treatment remains. Because
fruit that is grown in production areas registered with and monitored
by the NPPO of Thailand will be grown in accordance with best
management practices, the density of pests in the production area will
be reduced, which means that the pest population being treated will be
smaller than it would otherwise be. Reducing the pest population in
Thai fruit prior to the treatment provides an additional assurance that
the 400 gray dose will neutralize the plant pests that are present in
the fruit.
---------------------------------------------------------------------------
\2\ A detailed discussion of the evidence supporting this
determination can be found in the proposed rule (70 FR 33857-33873,
Docket No. 03-077-1, published in the Federal Register on June 10,
2005) and final rule (71 FR 4451-4464, Docket No. 03-077-2,
published in the Federal Register on January 27, 2006) that added
the 400 gray dose to the regulations as a treatment option. These
documents can be accessed on the Internet at http://www.regulations.gov/fdmspublic/component/main?main=DocketDetailed&d=APHIS-2005-0052.
---------------------------------------------------------------------------
Three commenters requested that APHIS provide additional
information regarding the best management practices that the Thai NPPO
would require for registered production areas.
The best management practices that would be required by the Thai
NPPO for production areas growing these six tropical fruits for export
would vary according to the pest population in the production area, the
fruit being grown in the production area, and other factors. Rather
than prescribe certain management practices for Thai producers, APHIS
instead will include in the framework equivalency workplan a
requirement that producers utilize appropriate pest management control
measures to ensure low pest population levels (especially of fruit
flies) and to comply with all horticultural standards required by the
NPPO.
The regulations for treatment of imported fruits and vegetables
with irradiation in Sec. 305.31(f)(1) require that the plant
protection service of a country from which articles are to be imported
into the United States enter into a framework equivalency workplan.
Among other things, this workplan specifies the type and amount of
inspection, monitoring, or other activities that will be required in
connection with allowing the importation of irradiated articles into
the United States. The regulations in Sec. 305.31(f)(2) require that
the foreign irradiation facility enter into a facility preclearance
workplan. This workplan details the activities that APHIS and the
foreign NPPO will carry out to verify the facility's compliance with
the requirements of Sec. 301.34.\3\
---------------------------------------------------------------------------
\3\ We published a notice in the Federal Register providing
background information on bilateral workplans in general on May 10,
2006 (71 FR 27221-27224, Docket No. APHIS-2005-0085). That notice
may be viewed at http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&d=APHIS-2005-0085-0001. Both the framework
equivalency workplan and the facility preclearance workplan are
bilateral workplans.
---------------------------------------------------------------------------
[[Page 34165]]
APHIS will ensure that these measures are being effectively
employed through inspection of the fruit when it is treated in
Thailand; if the number of pests found is above a certain tolerance, we
will reject the fruit for treatment, meaning that it may not be
exported to the United States.
We are making no changes to the proposed rule in response to these
comments.
Monitoring and Inspection
In the proposed rule, we described the monitoring and inspection
for the treatment of the six Thai fruits as follows:
``The regulations in Sec. 305.31 contain extensive requirements
for performing irradiation treatment at a facility in a foreign
country. These requirements include:
The operator of the irradiation facility must sign a
compliance agreement with the Administrator of APHIS and the NPPO of
the exporting country.
The facility must be certified by APHIS as capable of
administering the treatment and separating treated and untreated
articles.
Treatments must be monitored by an inspector.
A preclearance workplan must be entered into by APHIS and
the NPPO of the exporting country. In the case of fruits imported from
Thailand, this workplan would include provisions for inspection of
articles, which APHIS would perform before or after the treatment.
The operator of the irradiation facility must enter into a
trust fund agreement with APHIS to pay for the costs of monitoring and
preclearance.''
Several commenters expressed confusion regarding whether an officer
from APHIS' Plant Protection and Quarantine (PPQ) program would be on
site in Thailand to monitor irradiation treatment and inspect the
treated fruit. One of the commenters noted that PPQ personnel monitor
the irradiation treatment of fruits and vegetables moved interstate
from Hawaii and that the NPPO of Japan has inspectors on site to
monitor the irradiation treatment of Hawaiian papayas that are intended
for export to Japan. The commenter urged APHIS to include a requirement
in the rule that PPQ monitor irradiation treatment of fruits in
Thailand that are intended for export to the United States, rather than
addressing it in the compliance agreement. One commenter stated that
irradiation treatment would be effective only if properly performed.
We agree with the commenters that it is necessary to have a PPQ
officer on site to monitor irradiation treatment of fruits intended for
export to the United States. Under Sec. 305.31(f), irradiation
treatment must be monitored by an inspector. Inspector is defined in
Sec. 305.1 as any individual authorized by the Administrator or the
Commissioner of Customs and Border Protection, Department of Homeland
Security, to enforce the regulations in 7 CFR 305. Because this work
would involve oversight in a foreign country, it would be conducted
exclusively by APHIS employees. We include the details of how this
requirement will be fulfilled in the facility preclearance work plan
under paragraph (f)(2) of Sec. 305.31. We believe that the PPQ
officer's supervision will be adequate to ensure that the irradiation
treatment is properly performed, and thus effective.
Because the regulations already require that an inspector monitor
the irradiation treatment, we do not believe it is necessary to make
any changes based on these comments.
One commenter asked how APHIS would verify that the phytosanitary
certification provided by the Thai NPPO is accurate. Another commenter
expressed general concern that the production and treatment of these
Thai fruits would not be effectively monitored by the Thai NPPO.
As a signatory to the International Plant Protection Convention
(IPPC),\4\ the Thai NPPO is obligated to provide accurate and complete
phytosanitary certification and to fulfill its responsibilities under
bilateral agreements with other NPPOs. We have reviewed the Thai NPPO's
procedures and are confident in its ability to provide such
certification, and we are also confident that the Thai NPPO can fulfill
its responsibilities under the regulations and under a framework
equivalency workplan. If we became aware of inaccuracies in the
phytosanitary certification, or we determine that the requirements of
the regulations and the workplan are not being complied with, we will
take appropriate corrective action.
---------------------------------------------------------------------------
\4\ The text of the International Plant Protection Convention
can be reviewed at http://www.ippc.int/IPP/En/default.jsp.
---------------------------------------------------------------------------
Several commenters also expressed the opinion that APHIS should
inspect all fruit being exported from Thailand. Two commenters stated
that the proposed rule indicated that APHIS inspectors will not be
directly involved with supervising the required inspection program in
Thailand.
As stated earlier, the proposed rule indicated that all fruit that
is treated and exported under these regulations will be inspected prior
to export, before or after irradiation treatment. A PPQ inspector will
supervise the treatment and inspection process under the bilateral
workplan between APHIS and the Thai NPPO.
The regulations in Sec. 319.56-6 provide that all imported fruits
and vegetables shall be inspected, and shall be subject to such
disinfection at the port of first arrival as may be required by an
inspector. The pre-export inspection that will be conducted by APHIS
personnel as part of preclearance activities in Thailand will serve to
satisfy the inspection requirement. Section 319.56-6 also provides that
any shipment of fruits and vegetables may be refused entry if the
shipment is so infested with plant pests that an inspector determines
that it cannot be cleaned or treated.
Two commenters stated that inspection levels in general should be
increased.
For these six fruits from Thailand, inspections will be performed
at levels specified in the workplan, according to a statistical plan
designed to ensure phytosanitary security. Our successful use of such
plans in the past indicates that they are effective.
One commenter stated that APHIS does not have enough personnel to
check all shipments of fruit.
If we do not have personnel available to fulfill our inspection
responsibilities, as they are detailed in the workplan, we will not
allow fruit to be precleared and imported from Thailand.
Two commenters stated that inspection in general is not an
effective mitigation.
We disagree with these commenters. Inspection can be an effective
mitigation for pests that are found outside of the commodity, such as
pupae and adults of the order Lepidoptera, or for pathogens that cause
easily visible symptoms when they infect a commodity. For other pests,
treatments or other mitigation strategies are typically required, such
as the 400 gray irradiation dose that we are requiring for the six
fruits approved for export from Thailand to the United States.
One commenter stated that because irradiation will not control
pupae and adults of the order Lepidoptera, these plant pests could be
introduced into the United States via shipments of treated and
inspected fruit. The commenter cited as examples the introduction of
adult Lepidoptera via the holding bay of
[[Page 34166]]
a transport ship once the hatch doors are opened at the port of entry
and the introduction of pupae through deposit onto soil during
transportation of the fruit to importer facilities.
As discussed earlier, fruit from Thailand exported to the United
States under these regulations will be inspected prior to export in all
cases for the presence of plant pests that are pupae or adults of the
order Lepidoptera. In addition, under Sec. 305.31(g)(2)(i), all fruits
and vegetables irradiated prior to arrival in the United States must
either be packed in insect-proof packaging or stored in rooms that
completely preclude access by fruit flies. (A room that fruit flies
cannot enter will also exclude Lepidopteran pests, since Lepidopteran
pests are typically much larger than fruit flies.) These requirements
are designed to prevent reinfestation after commodities are treated
with irradiation and subjected to any necessary inspection.
The Risk Management Document and Its Discussion in the Proposed Rule
In the proposed rule, we stated the following about the risk
management document that we prepared to support our proposed action:
``We have not prepared a comprehensive pest risk analysis for this
proposed rule, as we normally do when determining whether to allow the
importation of fruits or vegetables under the regulations. When we
prepare a comprehensive pest risk analysis for a commodity, one part of
the analysis examines in detail the likelihood that the plant pests for
which the commodity could serve as a host would be introduced into the
United States via the importation of that commodity, the likelihood
that those pests would become established if they were introduced, and
the damage that could result from their introduction or establishment.
This helps us to determine which plant pests pose a risk that makes
mitigation measures beyond port-of-entry inspection necessary. However,
since irradiation at the 400 gray dose is approved to neutralize all
plant pests of the class Insecta, except pupae and adults of the order
Lepidoptera, we did not consider it necessary to undertake a detailed
analysis of the risks posed by any plant pests that fall into the
category, since the risks for all these pests would be mitigated
through the irradiation treatment. For the plant pests that we
identified that are not approved for treatment with the 400 gray dose,
we have analyzed what specific mitigations may be necessary given the
risks they pose and the likelihood that these risks would be
effectively mitigated by inspection.''
One commenter stated that the Thai NPPO provided APHIS with full
pest risk analyses for each of the six fruits we proposed to allow to
be imported from Thailand into the United States. This commenter stated
that these pest risk assessments were the basis for discussions between
the Thai NPPO and APHIS on proper mitigations for the pests associated
with each of these six fruits. The commenter was concerned that,
because we did not make these pest risk assessments or the
comprehensive lists of plant pests associated with each of the six
fruits available for public review and comment, the public could be
misled regarding how APHIS determined which pests associated with these
fruits are quarantine pests and thus required mitigation.
Bearing out this commenter's concern, several commenters requested
that APHIS complete a full pest risk assessment for each of the six
fruits addressed in the proposed rule. Many of these commenters
recommended that APHIS concentrate on pathogens, as the primary pest
mitigation method we proposed to use for these fruits, irradiation
treatment, is not approved to neutralize pathogens.
It is correct that the Thai NPPO provided APHIS with pest risk
assessments and pest lists for each of the six fruits addressed in the
proposed rule. However, APHIS plant scientists reviewed the documents
that were submitted by the Thai NPPO and used additional sources to
develop independent pest lists. The lists of pests that were judged to
be quarantine pests, however, did not change during the review process
prior to the publication of the proposed rule, which allowed for
productive discussions between the Thai NPPO and APHIS on mitigation
measures for quarantine pests associated with each of the six fruits.
By listing only the pests associated with these fruits that were
judged to be quarantine pests in the risk management document, however,
we appear to have caused confusion. Many commenters, for example, asked
whether we had considered pests that we did not list in the risk
management document; in fact, we had considered them and determined
that they were not quarantine pests, meaning that we did not include
them in the risk management document. (These comments are discussed
later in this document under the heading ``Pests Named by Commenters
That Were Not Addressed in the Risk Management Document.'') Therefore,
in support of this final rule, we are making available on
Regulations.gov (see footnote 1) not only the risk management document,
with the updates discussed in this document, but also the pest lists we
used when determining what quarantine pests are associated with each of
the six fruits in question. We hope this will help to address these
concerns.
Three commenters addressed the statement in the risk management
document that pineapples moved interstate from Hawaii are approved for
irradiation treatment at a 250 gray dose. The commenters stated that
the pineapple in production in Hawaii is the smooth Cayenne variety,
which is not a host of the fruit flies present in Hawaii; therefore,
smooth Cayenne pineapples have never been subject to quarantine
treatment, including irradiation.
The commenters are correct that the regulations allow smooth
Cayenne pineapples to move interstate from Hawaii without treatment.
However, for pineapples of varieties other than the smooth Cayenne that
are moved interstate from Hawaii, the regulations in Sec. 305.34(a)
provide for the use of irradiation treatment at a dose of 150 gray.\5\
Thus, the risk management document correctly referred to the existence
of irradiation requirements for pineapples moved interstate from
Hawaii, but did not completely describe the situation. We have amended
the risk management document to clarify our discussion of this matter.
---------------------------------------------------------------------------
\5\ At the time the risk management document was written, the
required dose for pineapples other than smooth Cayenne moved
interstate from Hawaii was 250 gray. Since then, we published a
final rule in the Federal Register on January 27, 2006 (Docket No.
03-077-2, 71 FR 4451-4464) that lowered the required does to 150
gray. We have updated the risk management document for this final
rule to reflect this change.
---------------------------------------------------------------------------
One commenter stated that economic factors should be considered in
risk assessments.
Our risk assessments evaluate the risk associated with a quarantine
pest in part by considering the economic impact of its introduction. We
have carefully considered the risks posed by all the quarantine pests
associated with the six Thai fruits addressed in the proposal. As
mentioned earlier, based on the risk posed by A. litchi, this final
rule prohibits litchi and longan from Thailand from being imported into
or distributed to Florida based on the possible economic consequences
of the introduction of that pest into litchi production areas in that
State.
Two commenters stated that, despite the apparent effectiveness of
the mitigation measures described in the
[[Page 34167]]
risk management document, there was still some risk that quarantine
pests could be introduced to the United States through the importation
of Thai fruits due to failures in treatment or the execution of the
treatment protocols. The commenters cited temporary faults in the
irradiation equipment or procedures, human error, and intentional
disregard of the treatment procedures with terroristic intent to
introduce plant pests. The commenters stated that, when considering
that large volumes of Thai fruit would be imported over an indefinite
period of time, there was bound to be some failure in the system
designed to prevent the introduction of plant pests. The commenters
believed that such a risk was unacceptable and thus opposed finalizing
the proposed rule.
APHIS has authorized the importation of fruits from foreign
localities under phytosanitary measures similar to those described in
the proposed rule for many years. These measures have been proven to be
effective at preventing the introduction of quarantine pests. When
considering what phytosanitary measures are necessary to prevent the
introduction of quarantine pests into the United States through the
importation of a commodity whose importation is presently prohibited,
we balance the necessity of preventing the introduction of quarantine
pests with our obligation under the World Trade Organization Agreement
on Sanitary and Phytosanitary Measure to take the least restrictive
measures necessary to ensure phytosanitary security. We believe the
measures required by this final rule fulfill both of these objectives.
One commenter stated that pupae and adults of the order Lepidoptera
are not likely to move in the pathway for fresh fruit exported from
Thailand to the United States.
We agree with this commenter. However, we believe it is necessary
to inspect Thai fruits to ensure their freedom from these pests because
of the potential for harm if a quarantine pest of the order Lepidoptera
were to be introduced into the United States.
One commenter objected to our statement that we are confident that
inspection can detect pupae and adults of the order Lepidoptera, which
we made in the preamble of the proposed rule. This commenter stated
that APHIS did not provide support for the assertion and that, given
the proposal's implications for the agricultural and environmental
health of the United States, such support was necessary.
Our assertion that inspection can detect pupae and adults of the
order Lepidoptera is based on decades of experience inspecting imported
fruit for plant pests. The commenter did not provide any specific
reasons to doubt the ability of our inspectors to detect such pests.
Pests Named by Commenters That Were Not Addressed in the Risk
Management Document
Several commenters expressed concern regarding pests that were not
addressed in the risk management document. As discussed earlier, along
with this final rule, we are providing the full pests lists we used
when determining what quarantine pests are associated with each of the
six fruits in question we proposed to import from Thailand, so that the
public can see the full set of pests we considered. We will also
address the specific pests about which commenters expressed concern.
Several pests named by commenters are already present in the United
States and thus are not considered quarantine pests. These pests are:
Cylindrocladiella peruviana, a fungus;
Longan witches' broom;
Pineapple bacterial wilt;
Pineapple heart rot;
Bacterial leaf spot, caused by Erwinia mangifera; and
Blossom malformation, caused by the fungus Fusarium
subglutinans.
Citing pineapple bacterial wilt and pineapple heart rot, two
commenters asked us to develop a postentry pineapple risk management
plan for pineapples imported into Hawaii from Thailand. Because both
diseases are already present in Hawaii and are not under official
control in that State, we do not believe it is necessary to develop a
plan for action regarding the introduction of those diseases.
Two genera, Deudorix (fruit borers) and Greeneria (fungi), were
named by commenters as pests we did not consider. We do not consider
pests that are not identified to the species level when developing risk
documents. We did consider Deudorix epijarbas (Lepidoptera: Lycaenidae)
as a quarantine pest of litchi and longan in the risk management
document and in the proposed rule. Our review of the available
scientific information did not identify any other species of the genus
Deudorix or any species of the genus Greeneria that qualified as a
quarantine pest.
Commenters also mentioned ants as a class of pests that the risk
management document did not address. Our review of the available
scientific information did not identify any species of ants in Thailand
that qualified as quarantine pests.
Other pests cited by the commenters are discussed below.
Aceria litchi, A. longana, A. dimocarpi. All three of these are
mites, which the 400 gray irradiation dose is not approved to treat. A.
longana and A. dimocarpi are not considered quarantine pests because
they are not known to be associated with mature fruit. A. longana
infests the leaves and inflorescences of the tree. A. dimocarpi is
associated with young fruit, and typically causes premature fruit drop;
since only mature fruit would be treated and exported from Thailand, it
is unlikely that this pest would move to the United States.
However, a review of the available literature confirms that A.
litchi is considered to be associated with the fruit of litchi and
longan.\6\ Additionally, APHIS considers A. litchi to be a quarantine
pest. For this reason, our regulations generally prohibit the movement
of litchi and longan into Florida from areas where A. litchi is
present. For example, litchi and longan moved interstate from Hawaii to
the mainland United States that are treated with irradiation in
accordance with Sec. 305.34 may not be moved into or distributed in
Florida under paragraph (b)(4)(iii) of that section. Litchi from China
and India that are imported under Sec. 319.56-2x are also not allowed
to be imported into or distributed in Florida.
---------------------------------------------------------------------------
\6\ The pest lists for litchi and longan that accompany this
rule provide a full list of citations supporting this determination.
---------------------------------------------------------------------------
Because A. litchi is not present in Florida and because we have
consistently prohibited host movement into Florida from areas where
that pest is present, this final rule prohibits the importation and
distribution of litchi and longan from Thailand into the State of
Florida.
Citrus greening. The citrus greening disease is spread by specific
insect vectors, all of which would be neutralized by irradiation at the
400 gray dose.
Cryptophlebia carpophaga. Synonymous with C. ombrodelta, which is
considered a quarantine pest and was addressed in the risk management
document and in the proposed rule.
Cylindrocarpon tonkinense. Synonymous with C. lichenicola, which is
the accepted name. A postharvest fungus. The commenter cited it as a
pest of litchi from Thailand, but CABI reports it as only present in
India, and as a pest of yams.
Deanolis sublimbalis [Lepidoptera: Pyralidae], the mango seed
borer. The name Deanolis sublimbalis is a synonym of Deanolis
albizonalis. D.
[[Page 34168]]
albizonalis is listed in the pest list for mango from Thailand. We
determined that this quarantine pest would not follow the pathway of
imported fruit. As D. albizonalis larvae feed within the mango, the
damaged area softens and collapses. Common signs of damage by D.
albizonalis are bursting at the fruit apex and longitudinal cracking of
the fruit as it nears maturity. Because of the destructive and obvious
nature of fruit injury, it is very unlikely that any infested fruit
would be packed for export. Therefore, we determined that no mitigation
beyond inspection is necessary to address the risk posed by this pest.
Homodes bracteigutta (Walker) [Lepidoptera: Noctuidae]. This pest
is on the pest list for longan from Thailand. We determined that this
quarantine pest would not follow the pathway of imported fruit, because
H. bracteigutta occurs externally to the fruit during all its life
stages and thus is unlikely to remain on the fruit after processing.
Therefore, we determined that no mitigation beyond inspection is
necessary to address the risk posed by this pest.
Pestalotiopsis flagisetulai. A fungus that occurs on mangosteen. We
do not consider this fungus to be a quarantine pest. The pest causes
rot in infected fruit during postharvest storage, meaning that infected
fruit would be likely to be culled prior to shipment to the United
States. If the disease were introduced into the United States, we would
not expect its consequences to be significant. According to an
Australian pest risk assessment, P. flagisetulai is a weak pathogen
that only affects fruits that were bruised during harvest, causing
storage rots.
Phomopsis longanae. A pathogen causing stem-end rot on longan. This
pest is reported in China, but not in Thailand.
Tessaratoma papillosa (Drury) [Hemiptera: Pentatomidae], known as
the litchi stink bug. This pest is on the pest list for litchi from
Thailand. We determined that this quarantine pest would not follow the
pathway of imported fruit, because T. papillosa is a large, active
insect that attacks the fruit and is unlikely to remain with litchi
after processing. Therefore, we determined that no mitigation beyond
inspection is necessary to address the risk posed by this pest.
Twig pathogens. One commenter recommended that twig and stem
pathogens should be considered in the risk management document or
addressed through an additional measure in the inspection process that
would prohibit stem material from being shipped.
The commenter did not cite any specific twig pathogens that we
should have included in the risk management document. In general, our
preclearance inspection is sufficient to detect disease symptoms on any
twigs included with the fruit and to reject shipments in which diseased
material is present.
Fungi
For litchi and mango from Thailand, we identified one fungus each
as being a quarantine pest. For litchi, the fungus was Peronophythora
litchii. We stated the following about P. litchii in the proposed rule:
``This pest can cause litchi fruit to drop prematurely from their
trees; fungicidal field treatments are typically applied to reduce
premature fruit drop in commercial litchi production areas where P.
litchii is present. To address the risk posed by this pest, we are
proposing to require that litchi from Thailand be inspected and found
to be free of P. litchii. We would also require that the phytosanitary
certificate accompanying litchi from Thailand include an additional
declaration to that effect.
``We believe that most litchi fruit that are infected with P.
litchii would be culled prior to importation into the United States;
trained harvesters, packinghouse personnel, and plant quarantine
inspectors can easily detect the distinctive symptoms of the disease on
fruit. Litchi that are infected with P. litchii but are not symptomatic
may not be culled, but the likelihood that P. litchii would then be
introduced into the United States via the few fruit that may escape
detection is very low, because the spores are transmitted by water.
This means that for P. litchii to be introduced into the United States
via an infected litchi fruit, the fruit would have to be incompletely
consumed and discarded in a place where the pest could be transmitted
to a litchi production area through moving water. Additionally, there
is no record of interception of this disease on litchi imported into
the United States from other countries in regions where this pathogen
is present. Therefore, we believe that the requirement that litchi from
Thailand be inspected for P. litchii, along with the additional
declaration that would be required on the phytosanitary certificate
accompanying the fruit, would adequately mitigate the risk posed by
this pest.''
For mangos, the fungus we identified as a quarantine pest was
Phomopsis mangiferae. We stated the following about P. mangiferae in
the proposed rule:
``We believe that Phomopsis mangiferae is unlikely to be introduced
into the United States via the importation of mangoes for consumption.
The pest is specific to mangoes and is spread only via the seed of the
mango. For the pest to spread, fungal spores from the seed must be
dispersed at a time when susceptible tissue is available; thus,
dispersal only occurs when infected seed is used in mango production.
If infected fruit is consumed and the seed is discarded as waste, the
infected fruit does not serve as a pathway for introduction. Discarded
fruit could create a possible source of inoculum that could provide the
means for introduction, but the likelihood that infected mangoes will
reach these habitats is low because (1) the host range is limited to
mango; (2) the portion of the total number of mango shipments from
Thailand that is expected to be transported to mango-producing areas in
California, Florida, Hawaii, or Texas is small; and (3) the likelihood
of fruit being discarded in mango orchards at an appropriate time is
likewise very low. For these reasons, we are not proposing any measures
beyond inspection to mitigate the risk associated with this plant pest.
This decision is consistent with the recommendations contained in pest
risk analyses examining the importation of mangoes from Australia,
India, and Pakistan, countries where Phomopsis mangiferae is also
present.''
One commenter stated that the proposed rule did not provide any
quarantine mitigation for disease pathogens.
As discussed above, we identified two disease pathogens as
quarantine pests, and proposed mitigations for both of them. For P.
litchii, the mitigation proposed was inspection with an additional
declaration on the phytosanitary certificate accompanying litchi
imported from Thailand stating that the litchi had been inspected and
found to be free of P. litchii. For P. mangiferae, the mitigation
proposed was inspection.
We received several comments addressing P. litchii specifically.
As noted above, for P. litchii to be introduced into the United
States via an infected litchi fruit, the fruit would have to be
incompletely consumed and discarded in a place where the pest could be
transmitted to a litchi production area through moving water. Several
commenters stated that, while this would be unlikely in States where
litchi is not produced, the likelihood that incompletely consumed
litchi fruit
[[Page 34169]]
would be discarded in a yard or other area with a litchi tree in a
litchi production area is not insignificant. Given the significant
annual rainfalls in Hawaii, some commenters stated, the skin or seed of
an infected fruit could affect a growing area through direct water
transmission. Additionally, backyard litchi trees would also provide a
vector for transmission of the fungus to commercial litchi orchards.
Another commenter stated that, as a means of determining freedom
from P. litchii, inspection may be problematic. Visual inspection will
identify advanced infections, but may not reveal recent infections,
which can be asymptomatic. In addition, the commenter stated, the
fungus will remain in a suspended state during transit in cool
temperatures, allowing fungal growth to resume once litchi are
imported. The commenter cited a risk analysis prepared by the
Australian government regarding P. litchii that stated that the
probability of distribution into Australia of P. litchii through fruit
imported from Thailand was high: ``The pathogen is likely to survive
storage and transportation, even at cool dry temperatures, and is
unlikely to progress to visual decay before distribution.''
Several of the commenters specifically argued that the litchi
imported from Thailand should be prohibited from importation or
distribution into Hawaii and other litchi-producing States to prevent a
possible introduction of P. litchii.
We understand the commenters' concerns and have carefully
considered them in developing this final rule. We continue to believe
that the requirement that the phytosanitary certificate accompanying
litchi imported from Thailand into the United States contain an
additional declaration stating that the litchi had been inspected and
found to be free of P. litchii is an adequate mitigation for the risk
posed by P. litchii.
Several considerations lead us to this conclusion. One is that our
prediction in the risk management document that it is unlikely that P.
litchii would be introduced into the United States has largely been
borne out in practice in other circumstances. The regulations in Sec.
319.56-2x presently allow the importation of litchi from two other
countries in which P. litchii is present, China and India, when the
litchi are treated in accordance with 7 CFR 305. (No treatment is
available for P. litchii; the treatments are applied to neutralize
other plant pests that are present in those countries.) There is no
special inspection requirement to mitigate the risk posed by P. litchii
in the regulations for litchi from China and India, although all fruits
entering the United States are inspected for quarantine pests.
During the period 2003 through 2006, we received no shipments of
litchi from India, but 550 shipments of litchi from China. There were
no interceptions of P. litchii on these fruit, and no introductions of
P. litchii in the United States have been reported.
While the Australian risk analysis identified the probability of
distribution of P. litchii as high, it identified the probability of
entry of the fungus as moderate, which is consistent with requiring
inspection and an additional declaration on the phytosanitary
certificate that certifies freedom from the pest.
Along with the information in the proposed rule, we believe that
this information indicates that the mitigation against P. litchii in
the proposed rule was adequate. We are making no changes to the
proposed rule in response to these comments.
Two commenters stated that the host range of P. litchii was not
adequately represented in the risk management document. One stated that
the CABI Abstracts indicate that in nature, the disease is confined to
litchi, although in laboratory conditions, tomatoes, papayas, and
loofah may also be infected. This commenter, however, also stated that
P. litchii has also been reported on longan in China (Hoi, H.H., J.Y.
Lu and L.Y. Gong. 1984. Observation on asexual reproduction by
Peronophythora litchii. Mycologia 76:745-747) and on Christmas berry
tree, a commonly occurring invasive species in Hawaii. The other
commenter stated that P. litchii has also been found on tomato and
papaya, without the other references.
We typically discount reports of host status based on a species'
role as a laboratory or experimental host when completing risk
assessments, as there is no clear evidence that the plants would ever
be infected with the disease in nature; the CABI citation confirms
this. The fact that longan is not listed as a host in the CABI
citation, over 20 years after the publication of the Chinese report,
argues against placing restrictions on the importation of longan from
Thailand based on the Chinese report. Additionally, the commenter did
not provide a reference to establish Christmas berry tree as a host of
P. litchii, and we have been unable to find such a reference. We are
making no changes to the proposed rule in response to these comments.
The proposed rule stated that fungicidal field treatments are
typically applied to reduce premature fruit drop in commercial litchi
production areas where P. litchii is present. One commenter stated that
this disease control method may result in a higher possibility of
disease introduction on fruits. The commenter stated that very few
fungicides are therapeutic and kill the pathogen once infection is
established. If the results of field fungicide treatments are designed
to ``reduce fruit drop,'' then there will be potentially higher
infection rates among the fruits that remain on the tree and harbor
latent, non-fatal infections.
Two other commenters also referred to this statement, noting that
no mention is made of what pesticides would be used and whether they
are legally registered for use in the United States. As the commenters
noted, imported fruit that has been sprayed with pesticides not legally
registered for use on those specific crops in the United States may not
be imported into the United States.
Another commenter noted that the proposed rule stated that we
believe that most litchi fruit that are infected with P. litchii would
be culled prior to importation into the United States; trained
harvesters, packinghouse personnel, and plant quarantine inspectors can
easily detect the distinctive symptoms of the disease on fruit. The
commenter stated that APHIS should have more than a belief that this
will happen. The commenter also stated that all fruit, not most fruit,
infected with this fungus should be culled before litchi are shipped
from Thailand to the United States. The commenter also questioned
whether the training these workers receive is adequate to perform the
task of culling infected fruit.
We appreciate these commenters' concerns. We would like to take
this opportunity to clarify that we are not requiring any fungicidal
treatment to be applied to litchi imported from Thailand. The statement
in the proposed rule and the risk management document simply described
the typical response of litchi producers to P. litchii infection in a
production area. Similarly, the culling described in the proposed rule
is part of a characterization of the probability of introduction;
exporters would routinely cull litchi intended for export in order to
ensure that the fruit is marketable. We are not making culling a
required phytosanitary measure. The mitigation we are requiring for P.
litchii is inspection and phytosanitary certification of freedom from
the disease. If a shipment of litchi was
[[Page 34170]]
found to be infested with P. litchii, the Thai NPPO would not issue a
phytosanitary certificate for those litchi, and they would be
ineligible for export to the United States. As discussed earlier, we
believe that inspection and certification for freedom from the disease
is adequate to address the risk posed by P. litchii.
The workplan agreed to by the Thai NPPO and APHIS will contain
specific provisions requiring compliance with these and all other
regulations that apply to the export of these fruits to the United
States.
Finally, harvesters and packinghouse personnel can be trained to
look for symptoms of pathogens such as P. litchii; this process would
be included in our bilateral workplan with Thailand.
One commenter stated that the fungus should not be characterized as
Peronophythora litchii but rather as Phytophthora litchii. In this
context, the commenter stated that over the last several years, the
plant protection community has become aware of several new species of
Phytophthora that have most likely been introduced into the United
States on plant material imported from Asia. Although these
introductions were probably directly associated with the importations
of plant propagative materials, the commenter was very concerned given
the ability of some Phytophthora species to hybridize with other
species. Therefore, the commenter expressed concern about allowing the
importation of a known host (litchi) from a known infested area with
nothing more than a visual inspection. The commenter doubted that a
thorough host range study has been completed for P. litchii. The
commenter stated that the increasing number of new Phytophthora species
moving from Asia to the Western Hemisphere needs to be curtailed and
that APHIS should place a higher emphasis on phytosanitary security
with regard to this genus.
While some sources have reclassified Peronophythora litchii as
Phytophthora litchii, there has not been a consensus judgment in that
regard. As mentioned earlier, CABI continues to refer to the pest as
Peronophythora litchii, and several other references list the fungus
under that name as well. We are making no changes to the proposed rule
in response to this comment.
Were the fungus to be classified under Phytophthora rather than
Peronophythora, we would still rely on the scientific evidence
available to assess the risk it poses, and we believe the biology of P.
litchii is sufficiently well characterized in the literature for us to
do that.
Two commenters specifically addressed P. mangiferae. Referring to
our statement that the portion of the total number of mango shipments
from Thailand that is expected to be transported to mango-producing
areas in California, Florida, Hawaii, or Texas is small, the commenter
cited U.S. census data indicating that the Asian American population of
the United States is 4 percent. In Hawaii, Asian Americans make up 42
percent of the population, in Florida 2 percent, in California 12
percent, in Texas 3 percent, and Puerto Rico 0.2 percent; all told, the
Asian American population represents over 12.4 million Americans. The
commenter stated that these statistics clearly demonstrate that there
will be demand for mangoes from Thailand. The commenter additionally
stated that such demand indicates that P. mangiferae would be dispersed
by seed in the urban or agricultural areas of Florida, Hawaii,
California, Texas, and Puerto Rico.
Another commenter objected to our use of conditional terms, such as
our statement that mangos exhibiting symptoms of P. mangiferae ``are
likely to be detected at harvest and during packing and inspection''
and our statement that, if infected mangos are imported into the United
States, the number of mangoes that would be shipped to mango production
areas in California, Florida, Hawaii, and Texas is expected to be
small.
Our assessment of P. mangiferae as posing a risk for which
inspection is a suitable mitigation was not based on the idea that
there would be no demand in the United States for mangoes imported from
Thailand. Rather, our assessment was based on the means by which P.
mangiferae must be disseminated in order for it to spread. Discarded
fruit imported for consumption could create a possible source of
inoculum that could provide the means for introduction, but the
likelihood that infected mangoes will reach these habitats is low
because (1) the host range is limited to mango; (2) the portion of the
total number of mango shipments from Thailand that is expected to be
transported to mango-producing areas, specifically, in the four named
States is small; and (3) the likelihood of fruit being discarded in
mango orchards at an appropriate time is likewise very low. All these
factors, combined, led us to determine that the probability of
introduction of P. mangiferae is low. The commenter did not state any
reasons for disputing our analysis of the probability of occurrence for
each of the specific stages of the pathway for introduction.
Regarding the second commenter's comments, those statements in the
proposed rule were part of an analysis of the probability of
introduction of P. mangiferae, not a set of mitigations that we are
requiring. Our conclusion that the probability of introduction for P.
mangiferae is low led us to propose no mitigations beyond inspection
against its introduction.
Labeling
Three commenters stated that each fruit imported from Thailand
should be required to have a label stating its country of origin and
that irradiation was used as a treatment on the fruit. Two of these
commenters also stated that the fruit should be required to be kept in
its original containers. One of the commenters stated that, without a
labeling requirement, consumers would be unable to distinguish Thai
pineapples from Hawaiian pineapples, the latter of which the commenter
believed to be of higher quality.
Our regulations in Sec. 305.31(g)(2)(iii) require that the
packaging for all fruits and vegetables irradiated prior to arrival in
the United States be labeled with treatment lot numbers, packing and
treatment facility identification and location, and dates of packing
and treatment. If pallets of fruits or vegetables are broken apart into
smaller units prior to or during entry into the United States, each
individual carton must have the required label information.
Labeling requirements indicating that the fruits have been treated
with irradiation do not fall under APHIS' authority, as they do not
help to mitigate the pest risk associated with fruit imported from
Thailand. However, the Food and Drug Administration requires in 21 CFR
179.26 that, ``for irradiated foods not in package form, the required
logo and phrase `Treated with radiation' or `Treated by irradiation' be
displayed to the purchaser with either (i) the labeling of the bulk
container plainly in view or (ii) a counter sign, card, or other
appropriate device bearing the information that the product has been
treated with radiation. As an alternative, each item of food may be
individually labeled. In either case, the information must be
prominently and conspicuously displayed to purchasers. The labeling
requirement applies only to a food that has been irradiated, not to a
food that merely contains an irradiated ingredient but that has not
itself been irradiated.''
The bilateral workplan we agree to with the Thai NPPO will contain
provisions ensuring compliance with these and other requirements of
both APHIS and other Federal agencies that
[[Page 34171]]
relate to irradiation and importation of food in general.
Comparable Regulations on the Interstate Movement of Hawaiian Fruits
Several commenters expressed concern that we proposed to allow the
importation of mangosteen from Thailand into the United States while
that fruit is prohibited from moving interstate from Hawaii to the rest
of the United States. The commenters stated that Hawaiian farmers have
waited over 6 years for a pest risk analysis to be completed regarding
the interstate movement of mangosteen from Hawaii. These commenters
stated their belief that Hawaii should be given preference over foreign
countries, given the infrastructure available to support interstate
movement with treatment, Hawaii's status as a producer of fruit for
niche markets, and Hawaii's status as a State.
We process requests for movement of fruits both from Hawaii and
from foreign countries as expeditiously as possible. We are developing
a proposed rule that would allow the interstate movement of mangosteen,
as well as other fruits, from Hawaii to the mainland United States. We
also plan to implement a notice-based process for approving commodities
for interstate movement from Hawaii, similar to the process recently
proposed for foreign commodities. However, it is critically important
that we take whatever time is necessary to develop treatment protocols
that will safeguard American plant resources from pest invasion and
that are acceptable to producers and shippers of fruits and vegetables
moved interstate.
With regard to the five fruits other than mangosteen that were
included in the July 2006 proposal, we note that the regulations
governing the movement of these fruits from Hawaii are substantially
less restrictive than the requirements we proposed for their
importation from Thailand. The commodities moved interstate from Hawaii
may be irradiated at lower doses, and do not have to be grown in a
registered production area. In addition, some steps necessary to allow
importation of commodities from foreign countries, such as the
development of a bilateral workplan, are not necessary when allowing
movement of commodities within the United States, which can expedite
the approval process for those commodities.
One commenter asked whether Hawaii should have the option to
regulate the importation of agricultural commodities into Hawaii based
on the risk of introduction of agricultural pests, superseding APHIS'
regulations. The commenter was concerned that APHIS might become
overwhelmed and ineffective as time goes on.
As noted in the proposed rule and in this final rule under the
heading ``Executive Order 12988,'' ``State and local laws and
regulations regarding litchi, longan, mango, mangosteen, pineapple, and
rambutan imported under this rule will be preempted while the fruit is
in foreign commerce.'' We are confident that we will be able to
effectively enforce the requirements of this rule.
Economic Issues
Many of the comments we received addressed economic issues, and
specifically the economic analysis included in the proposed rule.
Several commenters were concerned that the importation of litchi,
longan, mango, mangosteen, pineapple, and rambutan from Thailand would
have adverse economic effects on domestic producers of those fruits.
The comments we received focused on adverse effects on producers in the
States of Florida and Hawaii.
Several commenters stated that most of Florida's production of the
six fruits in the proposal is moved interstate and is not consumed
locally. Two commenters stated that estimates of the value of
commercial production in Florida of litchi, longan, and mango are over
$25 million a year. Two commenters stated that imports of tropical
fruits from Mexico have had a devastating effect on domestic grower
prices in Florida over the past 5 to 6 years.
Other commenters stated that the majority of Hawaiian production of
litchi and the vast majority of Hawaiian production of longan and
rambutan is moved interstate to the U.S. mainland. One commenter stated
that in 2005, 600,000 pounds of rambutan were treated for interstate
movement from Hawaii, and the commenter assumed that the production for
the local market exceeded that amount. Two commenters stated that
Hawaii has been increasing production of the six fruits named in the
proposed rule from year to year, increasing planted acreage as well.
These commenters also stated that the volume of production has
allowed for expansion from the traditional market segment for these
fruits, ethnic grocery stores, to gourmet grocery stores; the
commenters expected that eventually, production of these fruits would
reach mainstream grocery stores and produce markets on the U.S.
mainland. Many of these commenters also noted that the effects they
cited would likely affect small entities. Two commenters specifically
cited litchi as being vulnerable to foreign competition, stating that
litchi from Taiwan had flooded the Hawaiian litchi market in the fall
of 2006 and crowded out Hawaiian production. Another commenter asked
APHIS to consider a detailed economic study on the economic impacts
that the proposed changes may have on Hawaiian businesses. One
commenter stated generally that APHIS should support local agriculture
and oppose the practice of shipping fruits over long distances.
Our discussion of the markets for which domestic tropical fruit is
produced may not have been clear in the proposed rule. Specifically,
our reference to production for the local market needs to be clarified.
As the commenters stated, these fruits are destined primarily for
specialty stores--ethnic grocery stores and gourmet grocery stores.
They have not been produced in commercial quantities for widespread
distribution to mainstream grocery stores. We have amended the economic
analysis in this final rule to reflect this.
As a signatory to the IPPC, the United States has agreed not to
prescribe or adopt phytosanitary measures concerning the importation of
plants, plant products, and other regulated articles unless such
measures are made necessary by phytosanitary considerations and are
technically justified. Protecting domestic tropical fruit producers
from foreign competition does not constitute a technical justification.
We believe that the mitigations in this final rule will adequately
address the risk posed by the importation of these six tropical fruits
from Thailand.
The commenters who questioned the data we used in preparing the
economic analysis in the proposed rule did not provide any citations of
their own. Some of the data supplied by the commenters appear to be
incorrect; for example, National Agricultural Statistics Service (NASS)
data indicate that 600,000 pounds is more rambutan than was produced
for the processed and fresh market combined in 2005. Nevertheless, we
have undertaken to find additional data and have updated the economic
analysis where appropriate. However, the conclusions of the economic
analysis have not changed.
The economic analysis in the proposed rule stated that ``Hawaii's
production of pineapples for the fresh market has remained relatively
stable over the last two decades.'' Two
[[Page 34172]]
commenters questioned this statement. One stated that fresh pineapple
production in Hawaii declined by 18 percent from 2003 to 2005. Another
stated that, according to NASS data, from 2001 to 2005, annual
pineapple production in Hawaii fell from 323,000 to 212,000 tons, value
dropped from $96 million to $79 million, and acreage fell from 20,100
to 14,000. These commenters also mentioned that Del Monte-Hawaii
recently closed its Hawaiian pineapple production operation because
foreign producers could provide pineapples at lower cost.
With regard to the first comment, our statement in the proposed
rule was that production has remained relatively stable over the last
two decades; we did not focus on the short term, as the commenter did.
The decline of 18 percent in Hawaiian fresh pineapple production over
the years from 2003 to 2005, when compared with the 54 percent decline
in the production of pineapples for the processing market over the same
time period, is not large. However, we have expanded our discussion of
this issue in the economic analysis below to improve clarity.
The data the second commenter cited, from http://www.nass.usda.gov/hi/fruit/pine.htm, match the data cited in the proposed rule. Hawaii
produced 323,000 tons of pineapples in 2001 for both the fresh and
processed markets, rather than just the fresh market, which was the
production referred to in the economic analysis in the proposed rule.
The other numbers cited by the commenter also include pineapple
production for both the fresh and processed market. We acknowledged in
our economic analysis in the proposed rule that Hawaiian pineapple
production for the processed market has declined to nearly 19 percent
of what it was 20 years ago.
The Del Monte decision predated the publication of the proposed
rule.
One commenter stated that stiff anti-dumping penalties have been
imposed on shippers of Thai canned pineapple that is exported to the
United States.
APHIS does not play any role in investigating or enforcing
compliance with international trade laws.
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 July 2006 proposed rule, we proposed to add the
conditions governing the importation of litchi, longan, mango,
mangosteen, pineapple, and rambutan from Thailand as Sec. 319.56-
2ss. In this final rule, those conditions are added as Sec. 319.56-
2uu.
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.
This final rule amends the fruits and vegetables regulations to
allow the importation into the United States of litchi, longan, mango,
mangosteen, pineapple, and rambutan from Thailand. As a condition of
entry, these fruits must be grown in production areas that are
registered with and monitored by the national plant protection
organization of Thailand, treated with irradiation in Thailand at a
dose of 400 gray, and subject to inspection. The fruits must also be
accompanied by a phytosanitary certificate with an additional
declaration stating that the fruit had been treated with irradiation in
Thailand. In the case of litchi, the additional declaration must also
state that the fruit had been inspected and found to be free of
Peronophythora litchii, a fungal pest of litchi. Additionally, under
this final rule, litchi and longan imported from Thailand may not be
imported into or distributed to the State of Florida, due to the
presence of the litchi rust mite in Thailand. This action allows the
importation of litchi, longan, mango, mangosteen, pineapple, and
rambutan from Thailand into the United States while continuing to
provide protection against the introduction of quarantine pests into
the United States.
This rule is not expected to have any significant effect on APHIS
program operations since the relevant commodities are currently allowed
importation into the United States from various other regions subject
to different treatments. Current regulations already set out a course
of action if, on inspection at the port of arrival, any actionable pest
or pathogen is found and identified. The use of irradiation as a pest
mitigation measure reduces the Agency's dependence on other mitigations
such as methyl bromide fumigation. The final rule prohibits the
distribution of litchi and longan from Thailand into Florida due to the
litchi rust mite, A. litchi.
U.S. Production and Imports
Historically, the United States has not produced the fruits covered
in this final rule in any quantity, with the exception of mangoes and
pineapples. Mangoes were produced in some quantity in Florida, but
production has not been recorded since 1997. Mangoes are still produced
in southern Florida along with approximately two dozen other minor
tropical fruits. However, these fruits, including litchi, longan, and
mango, are primarily destined for the local fresh market, according to
a report produced by the Florida Department of Agriculture and Consumer
Services.\7\
---------------------------------------------------------------------------
\7\ Florida Department of Agriculture and Consumer Services.
Florida Agriculture Statistical Directory 2006. Online publication:
http://www.florida-agriculture.com/pubs/pubform/pdf/Florida_Agricultural_Statistical_Directory.pdf.
---------------------------------------------------------------------------
A record of the production of most of these fruits is kept by the
Hawaii Field Office of the National Agricultural Statistics Service.
The ``Hawaii Tropical Specialty Fruits'' report published by this
office shows that Hawaii produces all of the fruits covered by the
final rule; however, mangosteen production is included in the category
``Other'' to avoid disclosure of individual operations. Production and
price data for the Hawaiian fruit may be found in table 1. With the
exception of pineapple, production figures account for both the
processing and fresh markets. Disaggregated data are not available. As
evidenced in the table, production of longan, litchi, mango, and
rambutan has trended upward over the past few years. This seems to
indicate a growth in the specialty tropical fruit industry in Hawaii.
Although Hawaii's production of pineapples for the fresh market has
remained relatively stable over the last two decades, production
intended for the processed market is merely 19 percent of what it was
20 years ago. More recently, production of pineapple for the fresh
market has trended slightly downward. From 2000 to 2005, fresh market
production declined by 13 percent. Production of pineapples for the
processing market fell 54 percent over the same period. Production of
longan, litchi, mango, and rambutan is a fraction of pineapple
production in Hawaii and is directed to specialty markets.
[[Page 34173]]
Table 1.--Production and Farm Prices of Tropical Fruit Produced in Hawaii, 2000-2005 \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Longan Litchi Mango Rambutan Pineapple\3\
---------------------------------------------------------------------------------------------------------------------------------
Year Production Farm price Production Farm price Production Farm price Production Farm price Production Farm price
(1,000 lb) ($ per lb) (1,000 lb) ($ per lb) (1,000 lb) ($ per lb) (1,000 lb) ($ per lb) (1,000 lb) ($ per lb)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2000.......................................................... 24 4.02 (\2\) (\2\) 207 0.93 220 2.98 244 0.29
2001.......................................................... 37 3.05 (\2\) (\2\) 242 0.86 205 3.01 220 0.31
2002.......................................................... 46 3.20 77 2.64 377 0.92 257 3.01 234 0.31
2003.......................................................... 114 3.33 88 2.84 481 0.86 306 2.73 260 0.30
2004.......................................................... 121 3.41 102 2.42 391 0.92 278 2.60 208 0.32
2005.......................................................... 142 3.09 111 2.61 530 1.11 400 2.51 212 0.30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Mangosteen production is included in a residual category to avoid disclosure of individual operations.
\2\ Data not shown separately to avoid disclosure of individual operations.
\3\ Pineapple data includes only production destined for the fresh market. Production is not apportioned to the processing and fresh markets for the other commodities.
Source: USDA, National Agricultural Statistics Service (NASS), Hawaii Field Office, ``Hawaii Tropical Specialty Fruits,'' August 8, 2006.
Based on available data, imports of mangoes and pineapples far
exceed domestic production (table 2). Furthermore, it appears that
imports do not compete with domestic production. In the case of
litchis, longans, mangoes, mangosteens, and rambutans, it appears that
domestic production is sold mainly in specialty markets. Pineapples, on
the other hand, seem more widely distributed, but their production has
remained fairly consistent over the years with fluctuations in
production in a consistent range despite increased imports from abroad.
This information indicates very little correlation between domestic
production and foreign imports. Movements of pineapple processing
facilities to countries in South America have occurred due to the lower
costs of production in these countries rather than increasing imports
in the United States.
Table 2.--U.S. Imports of Mango, Mangosteen, and Pineapple, 2000-2005
----------------------------------------------------------------------------------------------------------------
Mango Mangosteen\1\ Pineapple
----------------------------------------------------------------------------------------------------------------
1,000 lb
----------------------------------------------------------------------------------------------------------------
2000............................................................ 528,868 40 \2\ 711,292
2001............................................................ 541,329 226 \2\ 715,651
2002............................................................ \3\ 587,048 137 894,446
2003............................................................ 613,816 136 1,050,855
2004............................................................ 609,237 104 1,126,672
2005............................................................ \3\515,058 52 1,273,401
----------------------------------------------------------------------------------------------------------------
\1\ Statistics include guavas and mangosteens. Source: Global Trade Atlas.
\2\ Includes fresh and frozen. Source: Economic Research Service (ERS) Fruit and Tree Nut Yearbook.
\3\ Statistics include guavas and mangos. Source: ERS Fruit and Tree Nut Yearbook.
Thailand's Production and Exports
Thailand is the leading producer of pineapple in the world. Much of
their production is geared toward international markets, although the
majority of this is not fresh production. Over the last 5 years, only
0.27 percent of the country's fresh production has been exported, as
seen in table 3. Additionally, Thailand produces a significant amount
of mangoes. However, as is the case with pineapples, only a small
proportion--0.82 percent--of mango production is exported for the fresh
market.
Table 3.--Thai Production and Exports of Mango and Pineapple, 2000-2004
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mango Pineapple
-----------------------------------------------------------------------------------------------
Exports as Exports as
Production Exports percentage of Production Exports percentage of
production production
--------------------------------------------------------------------------------------------------------------------------------------------------------
(metric tons) (metric tons)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2000.................................................... 1,633,479 8,755 0.54 2,248,375 4,995 0.22
2001.................................................... 1,700,000 10,829 0.64 2,078,286 6,471 0.31
2002.................................................... 1,700,000 8,736 0.51 1,738,833 4,561 0.26
2003.................................................... 1,700,000 8,098 0.48 1,899,424 4,874 0.26
2004.................................................... 1,700,000 33,097 1.95 1,997,000 5,736 0.29
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: FAOSTAT data, 2006.
Thailand also produces longans, litchis, mangosteens, and
rambutans. Production data for each of these comes from Thailand's
Office of Agriculture Economics (OAE). Table 4 shows that production of
rambutan far exceeded that of longan and mangosteen. Farm prices, on
the other hand, were much higher for longan and mangosteen. In economic
terms, this result is not surprising since higher levels of supply
foster lower prices. Production and price data on litchis were not
available.
[[Page 34174]]
Table 4.--Thai Production and Price of Longan, Mangosteen, and Rambutan, 2000-2004
--------------------------------------------------------------------------------------------------------------------------------------------------------
Longan Mangosteen Rambutan
-----------------------------------------------------------------------------------------------
Production Farm price ($ Production Farm price ($ Production Farm price ($
(metric tons) per kg) (metric tons) per kg) (metric tons) per kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1999.................................................... 163,900 0.76 160,800 0.66 601,000 0.41
2000.................................................... 417,300 0.65 168,200 0.60 618,000 0.33
2001.................................................... 250,100 0.63 197,200 0.51 617,000 0.25
2002.................................................... 420,300 0.28 244,900 0.44 619,000 0.15
2003.................................................... 396,700 0.38 203,800 0.65 651,000 0.19
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: OAE, 2006.
According to a press release of the Thai Minister of Agriculture
and Cooperatives posted on the Web site of the National Bureau of
Agricultural Commodity and Food Standards in Thailand, that country is
capable of producing approximately 5 million metric tons (MT) of the
fruits covered in the final rule. This production may be divided as
follows: 80,000 MT of litchi (lychee), 200,000 MT of mangosteen,
500,000 MT of rambutan, 500,000 to 700,000 MT of longan, 1.8 million MT
of mango, and 2 million MT of pineapple. Given the production data
reported by the OAE, these production values seem reasonable. However,
only a fraction of this is likely to be exported given historical
export data, as well as the fact that the existing irradiation facility
will not be able to accommodate these estimated volumes of fruit. Since
a new facility will not be constructed until regulations are in place,
it is not likely that Thailand will be able to treat and ship volumes
of this magnitude in the immediate future.
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act requires that agencies consider the
economic impact of rule changes on small businesses, organizations, and
governmental jurisdictions. Section 604 of the Act requires agencies to
prepare and make available to the public a final regulatory flexibility
analysis (FRFA) describing any changes made to the rule as a result of
comments received and the steps the agency has taken to minimize any
significant economic impacts on small entities. Section 604(a) of the
Act specifies the content of a FRFA. In this section, we address these
FRFA requirements.
Summary of Significant Issues Raised During Comment Period
The majority of the comments received concerned the potential
market losses of domestic producers that would result from the
implementation of this rule. As a signatory to the IPPC, the United
States has agreed not to prescribe or adopt phytosanitary measures
concerning the importation of plants, plant products, and other
regulated articles unless such measures are made necessary by
phytosanitary considerations and are technically justified. Therefore,
no changes were made to the rule in response to these comments. Several
comments concerned the availability of domestically produced fruit.
APHIS only has data on production and farm prices for the fruit in
question and was not able to obtain any information on its
distribution. However, other comments pointed to the fact that
domestically grown fruit is mainly distributed to ethnic grocery stores
and produce markets. This would indicate that domestically produced
fruit serves specialty markets rather than mainstream retail markets.
As no other data were supplied to APHIS as proof of wider distribution,
no changes were made to the economic analysis.
A detailed discussion of comments on the economic analysis is
available earlier in this document.
Description and Estimated Number of Small Entities Regulated
The final rule may affect domestic producers of the six tropical
fruits, as well as firms that import these commodities. It is likely
that the entities affected are small according to SBA guidelines. A
discussion of these impacts follows.
Affected U.S. tropical fruit producers are expected to be small
based on 2002 Census of Agriculture data and SBA guidelines for
entities in the farm category Other Noncitrus Fruit Farming (NAICS
111339). The SBA classifies producers in this farm category with total
annual sales of not more than $750,000 as small entities. APHIS does
not have information on the size distribution of the relevant
producers, but according to 2002 Census data, there were a total of
2,128,892 farms in the United States in 2002. Of this number,
approximately 97 percent had annual sales in 2002 of less than
$500,000, which is well below the SBA's small entity threshold of
$750,000 for commodity farms. This indicates that the majority of farms
are considered small by SBA standards, and it is reasonable to assume
that most of the 623 mango and 34 pineapple farms that may be affected
by this rule also qualify as small. In the case of fresh fruit and
vegetable wholesalers, establishments in NAICS 424480 with not more
than 100 employees are considered small by SBA standards. In 2002,
there were a total of 5,397 fresh fruit and vegetable wholesale trade
firms in the United States. Of these firms, 4,644 firms operated for
the entire year. Of those firms that were in operation the entire year,
4,436 or 95.5 percent employed fewer than 100 employees and were,
therefore, considered small by SBA standards. Thus, domestic producers
and importers that may be affected by the rule are predominantly small
entities.
Based on the data available to APHIS, it does not appear that
domestic production of litchi, longan, mango, mangosteen, pineapple,
and rambutan markedly competes with imports of these fruits. Domestic
production is generally destined for specialty markets, such as ethnic
grocery stores and local produce markets. Distribution of these fruits
does not appear to be mainstream. Thus, the imports from Thailand are
unlikely to substantially affect these markets. Additionally, imports
from Thailand are not likely to significantly increase the overall
level of imports. It is more reasonable to assume that they will at
least partially substitute for imports from other countries like
Mexico, depending on relative prices.
Domestic import firms may benefit from more open trade with
Thailand, with more import opportunities available to them because of
the additional source of these tropical specialty fruits. In any case,
it is not likely that the effects of importing litchi, longan, mango,
mangosteen, pineapple, and rambutan from Thailand will have large
repercussions for either domestic producers or importers of these
tropical fruits.
[[Page 34175]]
Executive Order 12988
This final rule allows litchi, longan, mango, mangosteen,
pineapple, and rambutan to be imported into the United States from
Thailand. State and local laws and regulations regarding litchi,
longan, mango, mangosteen, pineapple, and rambutan imported under this
rule will be preempted while the fruit is in foreign commerce. Fresh
fruits are generally imported for immediate distribution and sale to
the consuming public, and remain in foreign commerce until sold to the
ultimate consumer. The question of when foreign commerce ceases in
other cases must be addressed on a case-by-case basis. No retroactive
effect will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court
challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this final rule. The environmental assessment
provides a basis for the conclusion that the importation of litchi,
longan, mango, mangosteen, pineapple, and rambutan from Thailand 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 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR 372).
The environmental assessment and finding of no significant impact
may be viewed on the Regulations.gov Web site.\8\ 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.
---------------------------------------------------------------------------
\8\ Go to http://www.regulations.gov, click on the ``Advanced
Search'' tab and select ``Docket Search.'' In the docket ID field,
enter APHIS-2006-0040, ``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 0579-0308.
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.
Lists of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR parts 305 and 319 as follows:
PART 305--PHYTOSANITARY TREATMENTS
0
1. The authority citation for part 305 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended by
adding, under Thailand, new entries for litchi, longan, mango,
mangosteen, pineapple, and rambutan to read as follows:
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(i) * * *
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Thailand
* * * * * * *
Litchi.......................... Plant pests of the IR.
class Insecta except
pupae and adults of
the order
Lepidoptera.
Longan.......................... Plant pests of the IR.
class Insecta except
pupae and adults of
the order
Lepidoptera.
Mango........................... Plant pests of the IR.
class Insecta except
pupae and adults of
the order
Lepidoptera.
Mangosteen...................... Plant pests of the IR.
class Insecta except
pupae and adults of
the order
Lepidoptera.
Pineapple....................... Plant pests of the IR.
class Insecta except
pupae and adults of
the order
Lepidoptera.
Rambutan........................ Plant pests of the IR.
class Insecta except
pupae and adults of
the order
Lepidoptera.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 34176]]
* * * * *
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. 319.56-2uu is added to read as follows:
Sec. 319.56-2uu Administrative instructions: Conditions governing the
entry of certain fruits from Thailand.
Litchi (Litchi chinensis), longan (Dimocarpus longan), mango
(Mangifera indica), mangosteen (Garcinia mangoestana L.), pineapple
(Ananas comosus) and rambutan (Nephelium lappaceum L.) may be imported
into the United States from Thailand only under the following
conditions:
(a) Growing conditions. Litchi, longan, mango, mangosteen,
pineapple, and rambutan must be grown in a production area that is
registered with and monitored by the national plant protection
organization of Thailand.
(b) Treatment. Litchi, longan, mango, mangosteen, pineapple, and
rambutan must be treated for plant pests of the class Insecta, except
pupae and adults of the order Lepidoptera, with irradiation in
accordance with Sec. 305.31 of this chapter. Treatment must be
conducted in Thailand prior to importation of the fruits into the
United States.
(c) Phytosanitary certificates. (1) Litchi must be accompanied by a
phytosanitary certificate with an additional declaration stating that
the litchi were treated with irradiation as described in paragraph (b)
of this section and that the litchi have been inspected and found to be
free of Peronophythora litchi.
(2) Longan, mango, mangosteen, pineapple, and rambutan must be
accompanied by a phytosanitary certificate with an additional
declaration stating that the longan, mango, mangosteen, pineapple, or
rambutan were treated with irradiation as described in paragraph (b) of
this section.
(d) Labeling. In addition to meeting the labeling requirements in
Sec. 305.31, cartons in which litchi and longan are packed must be
stamped ``Not for importation into or distribution in FL.''
(Approved by the Office of Management and Budget under control
number 0579-0308)
Done in Washington, DC this 15th day of June 2007.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-12023 Filed 6-20-07; 8:45 am]
BILLING CODE 3410-34-P