42319

Proposed Rules Federal Register Vol. 71, No. 143

Wednesday, July 26, 2006

This section of the FEDERAL REGISTER Health Inspection Service’’ from the amend the regulations to allow litchi, contains notices to the public of the proposed agency drop-down menu, then click on , mango, mangosteen, pineapple, issuance of rules and regulations. The ‘‘Submit.’’ In the Docket ID column, and rambutan from Thailand to be purpose of these notices is to give interested select APHIS–2006–0040 to submit or imported into the United States. As part persons an opportunity to participate in the view public comments and to view of our evaluation of that request, we rule making prior to the adoption of the final rules. supporting and related materials have prepared pest lists for each of the available electronically. Information on six fruits and a risk management using Regulations.gov, including document that recommends risk DEPARTMENT OF AGRICULTURE instructions for accessing documents, mitigation measures to prevent the plant submitting comments, and viewing the pests associated with each fruit from and Plant Health Inspection docket after the close of the comment being introduced into the United States. Service period, is available through the site’s Copies of the risk management ‘‘User Tips’’ link. document can be obtained from the 7 CFR Parts 305 and 319 • Postal Mail/Commercial Delivery: person listed under FOR FURTHER Please send four copies of your INFORMATION CONTACT [Docket No. APHIS–2006–0040] or viewed on the comment (an original and three copies) Regulations.gov Web site (see Importation of Fruit From Thailand to Docket No. APHIS–2006–0040, ADDRESSES above for instructions for Regulatory Analysis and Development, accessing Regulations.gov). AGENCY: Animal and Plant Health PPD, APHIS, Station 3A–03.8, 4700 Based on the risk management Inspection Service, USDA. River Road Unit 118, Riverdale, MD document, APHIS has determined that ACTION: Proposed rule. 20737–1238. Please state that your measures beyond port-of-entry comment refers to Docket No. APHIS– inspection are required to mitigate the SUMMARY: We are proposing to amend 2006–0040. plant pest risks associated with these six the fruits and vegetables regulations to Reading Room: You may read any fruits. The primary measure that we are allow the importation into the United comments that we receive on this proposing to require to mitigate those States of litchi, longan, mango, docket in our reading room. The reading risks is that these six fruits be imported mangosteen, pineapple, and rambutan room is located in room 1141 of the into the United States after being treated from Thailand. As a condition of entry, USDA South Building, 14th Street and in Thailand with irradiation in these fruits would have to be grown in Independence Avenue, SW., accordance with the irradiation production areas that are registered with Washington, DC. Normal reading room treatment requirements located in and monitored by the national plant hours are 8 a.m. to 4:30 p.m., Monday § 305.31 of our regulations in 7 CFR part protection organization of Thailand, through Friday, except holidays. To be 305, ‘‘Phytosanitary Treatments.’’ These treated with irradiation in Thailand at a sure someone is there to help you, six fruits would be irradiated with an dose of 400 gray for plant pests of the please call (202) 690–2817 before irradiation dose of 400 gray, a dose that class Insecta, except pupae and adults of coming. is approved under § 305.31(a) to treat all the order Leipdoptera, and subject to Other Information: Additional plant pests of the class Insecta, except inspection. The fruits would also have information about APHIS and its pupae and adults of the order to be accompanied by a phytosanitary programs is available on the Internet at . certificate with an additional http://www.aphis.usda.gov. The regulations in § 305.31 contain declaration stating that the fruit had FOR FURTHER INFORMATION CONTACT: Mr. extensive requirements for performing been treated with irradiation in Alex Belano, Import Specialist, irradiation treatment at a facility in a Thailand. In the case of litchi, the Commodity Import Analysis and foreign country. These requirements additional declaration would also state Operations, PPQ, APHIS, 4700 River include: that the fruit had been inspected and Road Unit 140, Riverdale, MD 20737– • The operator of the irradiation found to be free of Peronophythora 1231; (301) 734–8758. facility must sign a compliance litchii, a fungal pest of litchi. This action SUPPLEMENTARY INFORMATION: agreement with the Administrator of would allow for the importation of APHIS and the NPPO of the exporting litchi, longan, mango, mangosteen, Background country. pineapple, and rambutan from Thailand The regulations in ‘‘Subpart—Fruits • The facility must be certified by into the United States while continuing and Vegetables’’ (7 CFR 319.56 through APHIS as capable of administering the to provide protection against the 319.56–8, referred to below as the treatment and separating treated and introduction of quarantine pests into the regulations) prohibit or restrict the untreated articles. United States. importation of fruits and vegetables into • Treatments must be monitored by DATES: We will consider all comments the United States from certain parts of an inspector. that we receive on or before September the world to prevent the introduction • A preclearance workplan must be 25, 2006. and dissemination of plant pests that are entered into by APHIS and the NPPO of ADDRESSES: You may submit comments new to or not widely distributed within the exporting country. In the case of by either of the following methods: the United States. fruits imported from Thailand, this • Federal eRulemaking Portal: Go to The national plant protection workplan would include provisions for http://www.regulations.gov and, in the organization (NPPO) of Thailand has inspection of articles, which APHIS lower ‘‘Search Regulations and Federal requested that the Animal and Plant would perform before or after the Actions’’ box, select ‘‘Animal and Plant Health Inspection Service (APHIS) treatment.

VerDate Aug<31>2005 17:23 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS 42320 Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules

• The operator of the irradiation The effectiveness of the irradiation commercial litchi production areas facility must enter into a trust fund treatment with regard to mitigating the where Peronophythora litchii is present. agreement with APHIS to pay for the risk associated with the importation of To address the risk posed by this pest, costs of monitoring and preclearance. each of the six fruits proposed for we are proposing to require that litchi All six fruits would also have to be importation is discussed in detail from Thailand be inspected and found accompanied by a phytosanitary below, along with mitigations for the to be free of Peronophythora litchii. We certificate containing an additional risks posed by pests not approved for would also require that the declaration that the required irradiation treatment with irradiation. phytosanitary certificate accompanying treatment had been performed in litchi from Thailand include an Thailand. Litchi additional declaration to that effect. We have not prepared a APHIS has identified 11 potential We believe that most litchi fruit that comprehensive pest risk analysis for quarantine pests that could be are infected with Peronophythora litchii this proposed rule, as we normally do introduced into the United States via would be culled prior to importation when determining whether to allow the the importation of litchi from Thailand, into the United States; trained importation of fruits or vegetables under including 10 pests and 1 fungal harvesters, packinghouse personnel, and the regulations. When we prepare a pest. The pests are listed below, with plant quarantine inspectors can easily comprehensive pest risk analysis for a order and family name following their detect the distinctive symptoms of the commodity, one part of the analysis scientific names in parentheses. disease on fruit. Litchi that are infected examines in detail the likelihood that Insect pests: with Peronophythora litchii but are not the plant pests for which the commodity Bactrocera cucurbitae (Diptera: symptomatic may not be culled, but the could serve as a host would be Tephritidae). likelihood that Peronophythora litchii introduced into the United States via Bactrocera dorsalis (Diptera: would then be introduced into the the importation of that commodity, the Tephritidae). United States via the few fruit that may likelihood that those pests would Ceroplastes rubens (Hemiptera/ escape detection is very low, because become established if they were Homoptera: Coccidae). the spores are transmitted by water. introduced, and the damage that could Coccus viridis (Hemiptera/ This means that for Peronophythora result from their introduction or Homoptera: Coccidae). litchii to be introduced into the United establishment. This helps us to Dysmicoccus neobrevipes (Hemiptera/ States via an infected litchi fruit, the determine which plant pests pose a risk Homoptera: Pseudococcidae). fruit would have to be incompletely that makes mitigation measures beyond Planococcus lilacinus (Hemiptera/ consumed and discarded in a place port-of-entry inspection necessary. Homoptera: Pseudococcidae). where the pest could be transmitted to However, since irradiation at the 400 Planococcus minor (Hemiptera/ a litchi production area through moving gray dose is approved to neutralize all Homoptera: Pseudococcidae). water. Additionally, there is no record plant pests of the order Insecta, except Conopomorpha sinensis (Lepidoptera: of interception of this disease on litchi pupae and adults of the family Gracillariidae). imported into the United States from Lepidoptera, we did not consider it Cryptophlebia ombrodelta other countries in regions where this necessary to undertake a detailed (Lepidoptera: Tortricidae). pathogen is present. Therefore, we analysis of the risks posed by any plant epijarbas (Lepidoptera: believe that the requirement that litchi pests that fall into the category, since ). from Thailand be inspected for the risks for all these pests would be Fungus: Peronophythora litchii, along with the mitigated through the irradiation Peronophythora litchii (Pythiales: additional declaration that would be treatment. For the plant pests that we Pythiaceae). required on the phytosanitary certificate identified that are not approved for accompanying the fruit, would Three of the insect pests of concern, treatment with the 400 gray dose, we adequately mitigate the risk posed by Conopomorpha sinensis, Cryptophlebia have analyzed what specific mitigations this pest. may be necessary given the risks they ombrodelta, and Deudorix epijarbas, pose and the likelihood that these risks belong to the order Lepidoptera, and the Longan would be effectively mitigated by 400 gray dose is not approved to treat APHIS has identified 11 potential inspection. pupae and adults of the order quarantine pests that could be The other general requirement we Lepidoptera. However, the life stages of introduced into the United States via would place on the importation of these concern for these pests are the eggs and the importation of longan from six fruits is that the imported fruits the larvae, because the eggs and larvae Thailand, all of which are insect pests. would have to be grown in a production of these species are internal feeders and The pests are listed below, with order area that is registered with and thus difficult to detect through and family name following their monitored by the NPPO of Thailand. inspection; the 400 gray dose is scientific names in parentheses. approved to treat those stages of the life Growing under controlled agricultural Bactrocera correcta (Diptera: cycle for Lepidoptera pests. The pupae practices results in fruit with fewer Tephritidae). pests and thus would maximize the and adults of these species are external Bactrocera dorsalis (Diptera: effectiveness of the irradiation feeders, and we are confident that Tephritidae). treatment. In addition, while the inspection can detect them. Ceroplastes rubens (Hemiptera/ irradiation regulations provide for The 400 gray dose is also approved to Homoptera: Coccidae). inspections to occur before or after treat all the other insect pests in the list. Drepanococcus chiton (Hemiptera/ treatment, all fruit imported into the However, the 400 gray dose is not Homoptera: Coccidae). United States is subject to inspection at approved to treat the fungal pest, Dysmicoccus neobrevipes (Hemiptera/ the port of entry; therefore, fruit Peronophythora litchii. This pest can Homoptera: Pseudococcidae). imported from Thailand could be cause litchi fruit to drop prematurely Maconellicoccus hirsutus (Hemiptera/ inspected at the port of entry if an from their trees; fungicidal field Homoptera: Pseudococcidae). inspector determines that such treatments are typically applied to Planococcus lilacinus (Hemiptera/ inspection is necessary. reduce premature fruit drop in Homoptera: Pseudococcidae).

VerDate Aug<31>2005 17:23 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules 42321

Planococcus minor (Hemiptera/ Nipaecoccus viridis (Hemiptera/ Mangosteen Homoptera: Pseudococcidae). Homoptera: Pseudococcidae). APHIS has identified 11 potential Conopomorpha sinensis (Lepidoptera: Planococcus lilacinus (Hemiptera/ quarantine pests that could be Gracillariidae). Homoptera: Pseudococcidae). introduced into the United States via Cryptophlebia ombrodelta Planacoccus minor (Hemiptera/ the importation of mangosteen from (Lepidoptera: Tortricidae). Thailand, all of which are insect pests. Deudorix epijarbas (Lepidoptera: Homoptera: Pseudococcidae). The pests are listed below, with order Lycaenidae). Rastrococcus spinosus (Hemiptera/ and family name following their Homoptera: Pseudococcidae). Three of the insect pests of concern, scientific names in parentheses. Conopomorpha sinensis, Cryptophlebia Fungus: Bactrocera carambola (Diptera: ombrodelta, and Deudorix epijarbas, Phomopsis mangiferae. Tephritidae). belong to the order Lepidoptera, and Bactrocera dorsalis (Diptera: irradiation with a 400 gray dose is not Irradiation with a 400 gray dose is approved to treat all of the insect pests, Tephritidae). approved to treat pupae and adults of Bactrocera papayae (Diptera: the order Lepidoptera. However, as but not the fungal plant pest Phomopsis mangiferae. We are not proposing to Tephritidae). discussed earlier in this document with Coccus viridis (Hemiptera/ respect to litchi, the life stages of require any mitigation other than inspection for Phomopsis mangiferae. Homoptera: Coccidae). concern for these pests are the eggs and Pseudaonidia trilobitiformis the larvae, and the 400 gray dose is The symptoms of Phomopsis mangiferae on mangoes are likely to be detected at (Hemiptera/Homoptera: approved to treat those stages of the life Diaspididae). cycle for Lepidoptera pests. harvest and during packing and inspection; mangoes showing these Cataenococcus hispidus (Hemiptera/ The 400 gray dose is also approved to Homoptera: Pseudococcidae). treat all the other insect pests in the list. symptoms would be culled as part of normal production practices. In some Dysmicoccus neobrevipes (Hemiptera/ Mango cases, latent infections may evade Homoptera: Pseudococcidae). detection, and storing the fruit after the Paracoccus interceptus (Hemiptera/ APHIS has identified 21 potential Homoptera: Pseudococcidae). quarantine pests that could be harvest in dark, cool, dry areas, which slows the expression of symptoms, may Planococcus lilacinus (Hemiptera/ introduced into the United States via Homoptera: Pseudococcidae). the importation of mango from lead to increased numbers of infected fruit not being detected. Planococcus minor (Hemiptera/ Thailand, including 20 insect pests and Homoptera: Pseudococcidae). one fungal pest. The pests are listed However, we believe that Phomopsis Pseudococcus cryptus (Hemiptera/ below, with order and family name mangiferae is unlikely to be introduced Homoptera: Pseudococcidae). following their scientific names in into the United States via the parentheses. importation of mangoes for Irradiation with a 400 gray dose is consumption. The pest is specific to approved as a treatment for all of these Insect pests: pests. Sternochetus frigidus (Coleoptera: mangoes and is spread only via the seed Curculionidae). of the mango. For the pest to spread, Pineapple fungal spores from the seed must be Sternochetus mangiferae (Coleoptera: APHIS has identified four potential dispersed at a time when susceptible Curculionidae). quarantine pests that could be tissue is available; thus, dispersal only Sternochetus olivieri (Coleoptera: introduced into the United States via occurs when infected seed is used in Curculionidae). the importation of pineapple from mango production. If infected fruit is Bactrocera carambolae (Diptera: Thailand, all of which are insect pests. consumed and the seed is discarded as Tephritidae). The pests are listed below, with order waste, the infected fruit does not serve Bactrocera correcta (Diptera: and family name following their as a pathway for introduction. Tephritidae). scientific names in parentheses. Bactrocera cucurbitae (Diptera: Discarded fruit could create a possible Tephritidae). source of inoculum that could provide Coccus viridis (Hemiptera/ Bactrocera dorsalis (Diptera: the means for introduction, but the Homoptera: Coccidae). Tephritidae). likelihood that infected mangoes will Dysmicoccus neobrevipes (Hemiptera/ Bactrocera papayae (Diptera: reach these habitats is low because (1) Homoptera: Pseudococcidae). Tephritidae). the host range is limited to mango; (2) Planococcus minor (Hemiptera/ Bactrocera tuberculata (Diptera: the portion of the total number of mango Homoptera: Pseudococcidae). Tephritidae). shipments from Thailand that is Frankliniella schultzei (Thysanoptera: Bactrocera zonata (Diptera: expected to be transported to mango- Thripidae). Tephritidae). producing areas in California, Florida, Irradiation with a 400 gray dose is Cereoplastes rubens (Hemiptera/ Hawaii, or Texas is small; and (3) the approved as a treatment for all of these Homoptera: Coccidae). likelihood of fruit being discarded in pests. Coccus viridis (Hemiptera/ mango orchards at an appropriate time Rambutan Homoptera: Coccidae). is likewise very low. For these reasons, Aulacaspis tubercularis (Hemiptera/ we are not proposing any measures APHIS has identified 10 potential Homoptera: Diaspididae). beyond inspection to mitigate the risk quarantine pests that could be Pseudaonidia trilobitiformis associated with this plant pest. This introduced into the United States via (Hemiptera/Homoptera: decision is consistent with the the importation of rambutan from Diaspididae). recommendations contained in pest risk Thailand, all of which are insect pests. Dysmicoccus neobrevipes (Hemiptera/ analyses examining the importation of The pests are listed below, with order Homoptera: Pseudococcidae). mangoes from Australia, India, and and family name following their Maconellicoccus hirsutus (Hemiptera/ Pakistan, countries where Phomopsis scientific names in parentheses. Homoptera: Pseudococcidae). mangiferae is also present. Bactrocera dorsalis (Diptera:

VerDate Aug<31>2005 17:23 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS 42322 Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules

Tephritidae). significant for the purposes of Executive importation of irradiated fruit, this Bactrocera papayae (Diptera: Order 12866 and, therefore, has not change is not expected to have any Tephritidae). been reviewed by the Office of significant effect on APHIS program Ceroplastes rubens (Hemiptera/ Management and Budget. operations since the relevant Homoptera: Coccidae). In accordance with 5 U.S.C. 603, we commodities are currently allowed to be Cataenococcus hispidus (Hemiptera/ have performed an initial regulatory imported into the United States from Homoptera: Pseudococcidae). flexibility analysis, which is set out various other regions subject to different Dysmicoccus neobrevipes (Hemiptera/ below, regarding the effects of this treatments. Additionally, current Homoptera: Pseudococcidae). proposed rule on small entities. We do regulations already allow inspectors to Maconellicoccus hirsutus (Hemiptera/ not currently have all the data necessary order the treatment, destruction, or re- Homoptera: Pseudococcidae). for a comprehensive analysis of the exportation of a consignment of fruit if, Paracoccus interceptus (Hemiptera/ effects of this proposed rule on small on inspection at the port of arrival, any Homoptera: Pseudococcidae). entities. Therefore, we are inviting actionable pest or pathogen is found and Planococcus lilacinus (Hemiptera/ comments concerning potential effects. identified. The use of irradiation as a Homoptera: Pseudococcidae). In particular, we are interested in pest mitigation measure will provide an Planococcus minor (Hemiptera/ determining the degree to which alternative to other mitigations such as Homoptera: Pseudococcidae). imported fruits from Thailand would be methyl bromide fumigation. Conopomorpha cramerella expected to displace fruits imported (Lepidoptera: Gracillariidae). from other countries or fruits produced U.S. Production and Imports One of the insect pests of concern, domestically. Historically, the continental United Conopomorpha cramerella, belongs to Under the Plant Protection Act (7 States has not produced the fruits the order Lepidoptera, and the 400 gray U.S.C. 7701 et seq.), the Secretary of covered in this proposed rule in any dose is not approved to treat pupae and Agriculture is authorized to prohibit or quantity, with the exception of mangoes adults of the order Lepidoptera. restrict the importation of plants, plant and pineapples. Mangoes were However, the life stages of concern for products, and other articles if the produced in some quantity in Florida, this pest are the eggs and the larvae, Secretary determines that the but production has not been recorded because the eggs and larvae of this prohibition or restriction is necessary to since 1997. Mangoes are still produced species are internal feeders and thus prevent the introduction of plant pests in non-commercial quantities in South difficult to detect through inspection; and noxious weeds into the United Florida along with approximately two the 400 gray dose is approved to treat States. dozen other minor tropical fruits. those stages of the life cycle for The proposed rule would amend the However, these fruits, including litchi, Lepidoptera pests. The pupae and fruits and vegetables regulations to longan, and mango, are primarily adults of this species are external allow the importation into the United destined for the local fresh market. feeders, and we are confident that States of litchi, longan, mango, A record of the Hawaiian production inspection can detect them. mangosteen, pineapple, and rambutan of most of these fruits is kept by the The 400 gray dose is also approved to from Thailand. As a condition of entry, Hawaii Field Office of the National treat all the other insect pests in the list. these fruits would have to be grown in Agricultural Statistics Service. The We are proposing to add a new production areas that are registered with ‘‘Hawaii Tropical Specialty Fruits’’ § 319.56–2ss governing the conditions of and monitored by the NPPO of report published by this office shows entry of litchi, longan, mango, Thailand, treated with irradiation in that Hawaii produces all of the fruits mangosteen, pineapple, and rambutan Thailand at a dose of 400 gray for plant covered by the proposed rule; however, from Thailand into the United States pests of the class Insecta, except pupae mangosteen production is included in that would contain the growing, and adults of the order Leipdoptera, and the category ‘‘Other’’ to avoid disclosure treatment, and phytosanitary subject to inspection. The fruits would of individual operations.1 Production certification requirements discussed in also have to be accompanied by a and price data for the Hawaiian fruit this proposal. We would also add an phytosanitary certificate with an may be found in table 1. This table entry to the chart of commodities additional declaration stating that the shows only production destined for the enterable from foreign localities in fruit had been treated with irradiation in fresh market. Although Hawaii’s § 305.2(h)(2)(i) for each of the six fruits. Thailand and, in the case of litchi, that production of pineapples for the fresh These entries would indicate that the fruit had been inspected and found market has remained relatively stable irradiation for plant pests of the class to be free of Peronophythora litchii, a over the last two decades, production Insecta, other than pupae and adults of fungal pest of litchi. This action would intended for the processed market is the order Lepidoptera, is an approved allow for the importation of litchi, merely 19 percent of what it was 20 treatment for each of the six fruits. longan, mango, mangosteen, pineapple, years ago. Production of longan, litchi, and rambutan from Thailand into the mango, and rambutan is a fraction of Executive Order 12866 and Regulatory United States while continuing to Flexibility Act pineapple production in Hawaii and is provide protection against the directed to local markets. This proposed rule has been reviewed introduction of quarantine pests. under Executive Order 12866. The rule Although this is the first request 1 This report can be accessed on the Internet at has been determined to be not APHIS has received concerning the http://www.nass.usda.gov/hi/fruit/tropfrt.pdf.

VerDate Aug<31>2005 17:23 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules 42323

TABLE 1.—PRODUCTION AND FARM PRICES OF TROPICAL FRUIT PRODUCED IN HAWAII FOR THE FRESH MARKET, 2000– 2004 1

Longan Litchi Mango Rambutan Pineapple Year Production Farm price Production Farm price Production Farm price Production Farm price Production Farm price (1,000 lb) ($ per 1b) (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 2.98 244,000 0.29 2001 ...... 37 3.05 (2) (2) 242 0.86 205 3.01 220,000 0.31 2002 ...... 46 3.20 77 2.64 377 0.92 257 3.01 234,000 0.31 2003 ...... 114 3.33 88 2.84 481 0.86 306 2.73 260,000 0.30 2004 ...... 125 3.40 94 2.45 380 0.92 275 2.57 198,000 0.32 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. Source: USDA, National Agricultural Statistics Service (NASS), Hawaii Field Office, ‘‘Hawaii Tropical Specialty Fruits,’’ October 19, 2005.

Based on available data, imports of that domestic production is sold mainly their production has remained fairly mangoes and pineapples far exceed in the local fresh market. However, it is consistent over the years despite domestic production (table 2). difficult to draw conclusions regarding increased imports from abroad. This Furthermore, it appears that imports do competition from litchi, longan, and information would indicate a lack of not compete with domestic production. rambutan imports due to lack of competition between domestic In the case of litchis, , mangoes, available data. Pineapples, on the other production and foreign imports. mangosteens, and rambutans, it appears hand, seem more widely distributed, but

TABLE 2.—U.S. IMPORTS OF MANGO, MANGOSTEEN, AND PINEAPPLE, 2000–2004

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 1 Statistics include guavas and mangosteens. Source: Global Trade Atlas. 2 Includes fresh and frozen. Source: ERS Fruit and Tree Nut Yearbook. 3 Statistics include guavas and mangos. Source: Economic Research Service (ERS) Fruit and Tree Nut Yearbook.

Thai Production and Exports international markets, although the table 3. Similarly, during that same majority of this is not fresh production. period, Thailand produced a significant Thailand is the leading producer of Over the 5-year period 2000–2004, only amount of mangoes, but only 0.82 pineapple in the world. Much of its 0.27 percent of the country’s fresh percent of that mango production was production is geared toward production was exported, as seen in exported for the fresh market.

TABLE 3.—THAI PRODUCTION AND EXPORTS OF MANGO AND PINEAPPLE, 2000–2004

Mango Pineapple Exports as Exports as percentage percentage Production Exports of Production Exports 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 longan, litchi, that of longan and mangosteen. Farm foster lower prices. Production and mangosteen, and rambutan. Production prices, on the other hand, were much price data on litchis were not available. data for each of these come from higher for longan and mangosteen. In Thailand’s Office of Agriculture economic terms, this result is not Economics (OAE). Table 4 shows that surprising since higher levels of supply production of rambutan far exceeded

VerDate Aug<31>2005 18:00 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS 42324 Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules

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 ...... 63,900 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 2002.2 Of this number, approximately current levels. APHIS welcomes public Thai Minister of Agriculture and 97 percent had annual sales in 2002 of comment on these potential effects. Cooperatives posted on the Web site of less than $500,000, which is well below Domestic import firms may benefit the National Bureau of Agricultural the SBA’s small entity threshold of from more open trade with Thailand, Commodity and Food Standards in $750,000 for commodity farms.3 This with more import opportunities Thailand, that country is capable of indicates that the majority of farms are available to them because of the producing approximately 5 million considered small by SBA standards, and additional source of these tropical metric tons (MT) of the fruits that this it is reasonable to assume that most of specialty fruit. In any case, it is not proposed rule would allow to be the 623 mango and 34 pineapple farms 4 likely that the effects of importing litchi, imported into the United States. This that may be affected by this rule would longan, mango, mangosteen, pineapple, production may be divided as follows: also qualify as small. In the case of fresh and rambutan from Thailand would 80,000 MT of litchi, 200,000 MT of fruit and vegetable wholesalers, have large repercussions for either mangosteen, 500,000 MT of rambutan, establishments in the category ‘‘Fresh domestic producers or importers of 500,000 to 700,000 MT of longan, 1.8 Fruit and Vegetable Merchant these tropical fruit. million MT of mango, and 2 million MT Wholesalers’’ (NAICS 424480) with not Significant Alternatives to Rule of pineapple. Given the production data more than 100 employees are reported by the OAE, these production In June 2005, officials from Thailand considered small by SBA standards. In and the United States met in Bangkok to values seem reasonable. However, only 2002, there were a total of 5,397 fresh a fraction of this is likely to be exported consider mitigations on the six Thai fruit and vegetable wholesale trade commodities. Several options were to the United States, given historical firms in the United States.5 Of these export data as well as the fact that the considered at that meeting. Cold firms, 4,644 firms operated for the entire treatment was recognized as a potential existing irradiation facility would not be year. Of those firms that were in treatment for litchi and longan, but able to accommodate these estimated operation the entire year, 4,436 or 95.5 additional research would have to be volumes of fruit. Since a new facility percent employed fewer than 100 conducted to ensure this treatment would not be constructed until employees and were, therefore, would be effective in killing all regulations were in place, it is not likely considered small by SBA standards. Lepidoptera of concern. Vapor heat that Thailand would be able to treat and Thus, domestic producers and importers treatment was also considered. This ship volumes of this magnitude over the that may be affected by the proposed could be used for treating mangosteen, next few years. rule are predominantly small entities. pineapple, and rambutan. However, this Effects on Small Entities Based on the data available to APHIS, treatment affects the quality of it does not appear that domestic The proposed rule may affect commodities and was thus dismissed as production of litchi, longan, mango, domestic producers of the six tropical a viable alternative. The use of a mangosteen, pineapple, and rambutan fruits, as well as firms that import these systems approach was also mentioned. competes with imports of these fruits. commodities. It is likely that the entities This may be a potential alternative for Domestic production is generally affected would be small according to mangosteen and pineapple. However, destined for the local fresh market. Small Business Administration (SBA) the Thai Department of Agriculture did Thus, the imports from Thailand are guidelines. A discussion of these not have a formal proposal on the use unlikely to substantially affect these impacts follows. of a systems approach. Irradiation was markets. Additionally, imports from the fourth alternative considered. A Affected U.S. tropical fruit producers Thailand are not likely to increase the generic dose of 400 gray would work for are expected to be small based on 2002 overall level of imports. It is more all six commodities. Additionally, Census of Agriculture data and SBA reasonable to assume that they would irradiation was the only option guidelines for entities in the farm substitute for imports from other identified to be effective for mango due category ‘‘Other Noncitrus Fruit countries, given that demand for these to the presence of mango seed and flesh Farming’’ (North American Industry specialty fruits is likely satiated at weevils. Thus, irradiation was chosen as Classification System [NAICS] code the most effective option. 111339). The SBA classifies producers 2 This number represents the total number of This proposed rule contains certain in this farm category with total annual farms in the United States, including farms reporting and recordkeeping sales of not more than $750,000 as small producing litchi, longan, mango, mangosteen, requirements (see ‘‘Paperwork pineapple, and rambutan. entities. APHIS does not have Reduction Act’’ below). information on the size distribution of 3 Source: SBA and 2002 Census of Agriculture. the relevant producers, but according to 4 There are no data available on the number of Executive Order 12988 litchi, longan, mangosteen, or rambutan farms in 2002 Census data, there were a total of operation. This proposed rule would allow 2,128,892 farms in the United States in 5 Source: SBA and 2002 Economic Census. litchi, longan, mango, mangosteen,

VerDate Aug<31>2005 17:23 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules 42325

pineapple, and rambutan to be imported Regulatory Affairs, OMB, Attention: Estimated total annual burden on into the United States from Thailand. If Desk Officer for APHIS, Washington, DC respondents: 51 hours. (Due to this proposed rule is adopted, State and 20503. Please state that your comments averaging, the total annual burden hours local laws and regulations regarding refer to Docket No. APHIS–2006–0040. may not equal the product of the annual litchi, longan, mango, mangosteen, Please send a copy of your comments to: number of responses multiplied by the pineapple, and rambutan imported (1) Docket No. APHIS–2006–0040, reporting burden per response.) under this rule would be preempted Regulatory Analysis and Development, Copies of this information collection while the fruit is in foreign commerce. PPD, APHIS, Station 3A–03.8, 4700 can be obtained from Mrs. Celeste Fresh fruits are generally imported for River Road Unit 118, Riverdale, MD Sickles, APHIS’ Information Collection immediate distribution and sale to the 20737–1238, and (2) Clearance Officer, Coordinator, at (301) 734–7477. consuming public and would remain in OCIO, USDA, room 404–W, 14th Street foreign commerce until sold to the and Independence Avenue, SW., Government Paperwork Elimination ultimate consumer. The question of Washington, DC 20250. A comment to Act Compliance when foreign commerce ceases in other OMB is best assured of having its full The Animal and Plant Health cases must be addressed on a case-by- effect if OMB receives it within 30 days Inspection Service is committed to case basis. If this proposed rule is of publication of this proposed rule. compliance with the Government adopted, no retroactive effect will be The proposed rule would allow the Paperwork Elimination Act (GPEA), given to this rule, and this rule will not importation of litchi, longan, mango, which requires Government agencies in require administrative proceedings mangosteen, pineapple, and rambutan general to provide the public the option before parties may file suit in court from Thailand. This change would of submitting information or transacting challenging this rule. necessitate the use of certain business electronically to the maximum National Environmental Policy Act information collection activities, extent possible. For information including the completion of pertinent to GPEA compliance related to To provide the public with phytosanitary certificates. this proposed rule, please contact Mrs. documentation of APHIS’ review and We are soliciting comments from the Celeste Sickles, APHIS’ Information analysis of any potential environmental public (as well as affected agencies) Collection Coordinator, at (301) 734– impacts associated with the importation concerning our proposed information 7477. of litchi, longan, mango, mangosteen, collection and recordkeeping pineapple, and rambutan from requirements. These comments will List of Subjects Thailand, we have prepared an help us: 7 CFR Part 305 environmental assessment. The (1) Evaluate whether the proposed environmental assessment was prepared information collection is necessary for Irradiation, Phytosanitary treatment, in accordance with: (1) The National the proper performance of our agency’s Plant diseases and pests, Quarantine, Environmental Policy Act of 1969 functions, including whether the Reporting and recordkeeping (NEPA), as amended (42 U.S.C. 4321 et information will have practical utility; requirements. seq.), (2) regulations of the Council on (2) Evaluate the accuracy of our Environmental Quality for 7 CFR Part 319 estimate of the burden of the proposed implementing the procedural provisions information collection, including the Coffee, Cotton, Fruits, Imports, Logs, of NEPA (40 CFR parts 1500–1508), (3) validity of the methodology and Nursery stock, Plant diseases and pests, USDA regulations implementing NEPA assumptions used; Quarantine, Reporting and (7 CFR part 1b), and (4) APHIS’ NEPA (3) Enhance the quality, utility, and recordkeeping requirements, Rice, Implementing Procedures (7 CFR part clarity of the information to be Vegetables. 372). Accordingly, we propose to amend 7 The environmental assessment may collected; and CFR parts 305 and 319 as follows: be viewed on the Regulations.gov Web (4) Minimize the burden of the site or in our reading room. (Instructions information collection on those who are to respond (such as through the use of PART 305—PHYTOSANITARY for accessing Regulations.gov and TREATMENTS information on the location and hours of appropriate automated, electronic, the reading room are provided under the mechanical, or other technological 1. The authority citation for part 305 heading ADDRESSES at the beginning of collection techniques or other forms of would continue to read as follows: information technology; e.g., permitting this proposed rule.) In addition, copies Authority: 7 U.S.C. 7701–7772 and 7781– may be obtained by calling or writing to electronic submission of responses). Estimate of burden: Public reporting 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, the individual listed under FOR FURTHER 2.80, and 371.3. INFORMATION CONTACT. burden for this collection of information is estimated to average 0.159375 hours 2. In § 305.2, the table in paragraph Paperwork Reduction Act per response. (h)(2)(i) would be amended by adding, In accordance with section 3507(d) of Respondents: Importers of Thai fruit under Thailand, new entries for litchi, the Paperwork Reduction Act of 1995 and national plant protection longan, mango, mangosteen, pineapple, (44 U.S.C. 3501 et seq.), the information organizations. and rambutan to read as follows: collection or recordkeeping Estimated annual number of § 305.2 Approved treatments. requirements included in this proposed respondents: 10. rule have been submitted for approval to Estimated annual number of * * * * * the Office of Management and Budget responses per respondent: 32. (h) * * * (OMB). Please send written comments Estimated annual number of (2) * * * to the Office of Information and responses: 320. (i) * * *

VerDate Aug<31>2005 17:23 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS 42326 Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules

Treatment Location Commodity Pest schedule

******* Thailand

******* Litchi ...... Plant pests of the class Insecta except pupae and adults of the IR order Lepidoptera. Longan ...... Plant pests of the class Insecta except pupae and adults of the IR order Lepidoptera. Mango ...... Plant pests of the class Insecta except pupae and adults of the IR order Lepidoptera. Mangosteen ...... Plant pests of the class Insecta except pupae and adults of the IR order Lepidoptera. Pineapple ...... Plant pests of the class Insecta except pupae and adults of the IR order Lepidoptera. Rambutan ...... Plant pests of the class Insecta except pupae and adults of the IR order Lepidoptera.

*******

* * * * * inspected and found to be free of DATES: Comments must be received on Peronophythora litchi. or before September 25, 2006. PART 319—OREIGN QUARANTINE (2) Longan, mango, mangosteen, ADDRESSES: You may submit comments NOTICES pineapple, and rambutan must be by any of the following methods (Please accompanied by a phytosanitary 3. The authority citation for part 319 send comments by one method only): certificate with an additional would continue to read as follows: • Federal eRulemaking Portal: http:// declaration stating that the longan, www.regulations.gov. Follow the Authority: 7 U.S.C. 450, 7701–7772, and mango, mangosteen, pineapple, or instructions for submitting comments. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR rambutan were treated with irradiation 2.22, 2.80, and 371.3. • NCUA Web site: http:// as described in paragraph (b) of this www.ncua.gov/ 4. A new § 319.56–2ss would be section. RegulationsOpinionsLaws/ added as follows: Done in Washington, DC, this 20th day of proposed_regs/proposed_regs.html. July 2006. § 319.56–2ss Administrative instructions: Follow the instructions for submitting Conditions governing the entry of certain Kevin Shea, comments. fruits from Thailand. Acting Administrator, Animal and Plant • E-mail: Address to Litchi (Litchi chinensis), longan Health Inspection Service. [email protected]. Include ‘‘[Your (Dimocarpus longan), mango (Mangifera [FR Doc. E6–11941 Filed 7–25–06; 8:45 am] name] Comments on Parts 703 and 704 indica), mangosteen (Garcinia BILLING CODE 3410–34–P Permissible Investments for Federal mangoestana L.), pineapple (Ananas Credit Unions’’ in the e-mail subject comosus) and rambutan (Nephelium line. • lappaceum L.) may be imported into the NATIONAL CREDIT UNION Fax: (703) 518–6319. Use the United States from Thailand only under ADMINISTRATION subject line described above for e-mail. the following conditions: • Mail: Address to Mary Rupp, (a) Growing conditions. Litchi, longan, 12 CFR Part 703 Secretary of the Board, National Credit mango, mangosteen, pineapple, and Union Administration, 1775 Duke rambutan must be grown in a RIN 3133–AD27 Street, Alexandria, Virginia 22314– production area that is registered with 3428. and monitored by the national plant Permissible Investments for Federal • Hand Delivery/Courier: Same as protection organization of Thailand. Credit Unions mail address. (b) Treatment. Litchi, longan, mango, AGENCY: National Credit Union Public Inspection: All public mangosteen, pineapple, and rambutan Administration (NCUA). comments are available on the agency’s Web site at http://www.ncua.gov/ must be treated for plant pests of the ACTION: Notice of proposed rulemaking. class Insecta, except pupae and adults of RegulationsOpinionsLaws/comments as the order Lepidoptera, with irradiation SUMMARY: NCUA is proposing to amend submitted, except as may not be in accordance with § 305.31 of this its investment rules to allow federal possible for technical reasons. Public chapter. Treatment must be conducted credit unions to enter into investment comments will not be edited to remove in Thailand prior to importation of the repurchase transactions in which the any identifying or contact information. fruits into the United States. instrument consists of first-lien Paper copies of comments may be (c) Phytosanitary certificates. (1) mortgage notes. The proposed inspected in NCUA’s law library at 1775 Litchi must be accompanied by a amendment establishes a credit Duke Street, Alexandria, Virginia 22314, phytosanitary certificate with an concentration limit, minimum credit by appointment weekdays between 9 additional declaration stating that the rating, requirement for an independent a.m. and 3 p.m. To make an litchi were treated with irradiation as assessment of market value, a maximum appointment, call (703) 518–6540 or described in paragraph (b) of this term, and custodial requirements for the send an e-mail to [email protected]. section and that the litchi have been transactions. FOR FURTHER INFORMATION CONTACT:

VerDate Aug<31>2005 17:23 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\26JYP1.SGM 26JYP1 wwhite on PROD1PC61 with PROPOSALS