Proposed Rules Federal Register Vol

66200

Proposed Rules Federal Register Vol. 73, No. 217

Friday, November 7, 2008

This section of the FEDERAL REGISTER PPD, APHIS, Station 3A–03.8, 4700 Dimocarpus longan Lour., from Taiwan contains notices to the public of the proposed River Road, Unit 118, Riverdale, MD into the United States’’ (November issuance of rules and regulations. The 20737–1238. Please state that your 2007), evaluates the risks associated purpose of these notices is to give interested comment refers to Docket No. APHIS– with the importation of longan from persons an opportunity to participate in the 2007–0161. Taiwan. As noted in that document, we rule making prior to the adoption of the final rules. Reading Room: You may read any identified 26 pests of quarantine comments that we receive on this significance present in Taiwan that docket in our reading room. The reading could be introduced into the United DEPARTMENT OF AGRICULTURE room is located in room 1141 of the States via longan. Of these 26 pests, the USDA South Building, 14th Street and PRA identified 5 as having high Animal and Plant Health Inspection Independence Avenue, SW., unmitigated pest risk potential: The Service Washington, DC. Normal reading room melon fruit fly (Bactrocera cucurbitae), hours are 8 a.m. to 4:30 p.m., Monday the oriental fruit fly (B. dorsalis), the 7 CFR Parts 305 and 319 through Friday, except holidays. To be yellow peach moth (Conogethes [Docket No. APHIS–2007–0161] sure someone is there to help you, punctiferalis), the macadamia nut borer please call (202) 690–2817 before (Cryptophlebia ombrodelta), and the RIN 0579–AC89 coming. cashew leaf thrips (Rhipiphorothrips Other Information: Additional cruentatus). The remaining 21 pests, Importation of Longan From Taiwan information about APHIS and its which were identified as having AGENCY: Animal and Plant Health programs is available on the Internet at medium unmitigated pest risk potential, Inspection Service, USDA. http://www.aphis.usda.gov. were the litchi rust mite (Aceria litchii), ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Mr. the summer fruit tortrix moth Alex Belano, Assistant Branch Chief, (Adoxophyes orana), the litchi fruit SUMMARY: We are proposing to allow the Commodity Import Analysis and borer (Conopomorpha sinensis), larvae importation of commercial shipments of Operations, PPQ, APHIS, 4700 River of the dull cornelian butterfly (Deudorix fresh longan with stems from Taiwan Road, Unit 140, Riverdale, MD 20737– epijarbas), 4 mealybugs into the United States. As a condition of 1231; (301) 734–8758. (Maconellicoccus hirsutus, Nipaecoccus entry, the longan would be subject to SUPPLEMENTARY INFORMATION: viridis, Planococcus lilacinus, and P. cold treatment and special port-of- minor), and 13 scale insects (Aulacaspis arrival inspection procedures for certain Background tubercularis, Ceroplastes rubens, Coccus quarantine pests. In addition, the fruit The regulations in ‘‘Subpart—Fruits discrepans, C. formicarii, C. viridis, would have to be accompanied by a and Vegetables’’ (7 CFR 319.56–1 Drepanococcus chiton, Fiorinia phytosanitary certificate stating that the through 319.56–47, referred to below as pinicola, Icerya seychellarum, Kerria fruit was inspected and found to be free the regulations) prohibit or restrict the lacca, K. greeni, Pseudaonidia of certain pests, and the individual importation of fruits and vegetables into trilobitiformis, Pulvinaria taiwana, and cartons or boxes in which the longan are the United States from certain parts of Thysanofiorinia nephelii). shipped would have to be stamped or the world to prevent the introduction The risk management document printed with a statement prohibiting and dissemination of plant pests that are considered the protections that would their importation into or distribution in new to or not widely distributed within be afforded by compliance with the the State of Florida. This action would the United States. regulations, determined that they were allow for the importation of commercial The Animal and Plant Health appropriate to address the risks shipments of fresh longan with stems Inspection Service (APHIS) has received presented by some of the pests of from Taiwan into the United States a request from the Government of concern, and suggested some additional while continuing to provide protection Taiwan to allow the importation of fresh mitigations to address the remaining against the introduction of quarantine longan, Dimocarpus longan, with stems identified risks. Based on those pests into the United States. from Taiwan into the United States. As suggestions in the risk management DATES: We will consider all comments part of our evaluation of Taiwan’s document, we propose the following that we receive on or before January 6, request, we prepared a pest risk measures be applied to longan imported 2009. assessment (PRA) and a risk from Taiwan into the United States. management document (RMD). Copies ADDRESSES: You may submit comments Commercial Consignments by either of the following methods: of the PRA and the RMD may be • Federal eRulemaking Portal: Go to obtained from the person listed under Only commercial consignments of http://www.regulations.gov/fdmspublic/ FOR FURTHER INFORMATION CONTACT and longan would be allowed to be imported component/ may be viewed on the Internet on the from Taiwan. This condition would main?main=DocketDetail&d=APHIS- Regulations.gov Web site or in our reduce the likelihood that longan will 2007-0161 to submit or view comments reading room (see ADDRESSES above for introduce injurious plant pests into the and to view supporting and related a link to Regulations.gov and continental United States. Produce materials available electronically. information on the location and hours of grown commercially is less likely to be • Postal Mail/Commercial Delivery: the reading room). infested with plant pests than Please send two copies of your comment The PRA, titled ‘‘Evidence-Based, noncommercial consignments. to Docket No. APHIS–2007–0161, Pathway-Initiated Risk Assessment of Noncommercial consignments are more Regulatory Analysis and Development, the Importation of Fresh Longan, prone to infestations because the

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commodity is often ripe to overripe, that there is not adequate scientific This is consistent with other import could be of a variety with unknown justification to conclude that the pests programs in which shipments of litchis susceptibility to pests, and is often for which T107–h is an approved and longan are prohibited into Florida grown with little or no pest control. treatment will be neutralized if the for the same pest. This condition would Commercial consignments, as defined in option of holding the fruit at 33.4 °F or limit the risk of exotic pest § 319.56–2, are consignments that an below for 13 days is used. Accordingly, establishment in areas of the United inspector identifies as having been we are proposing to remove this option States where longan are grown. imported for sale and distribution. Such from the cold treatment schedule in To reflect our proposed addition of identification is based on a variety of T107–h. Additionally, based on the fresh longan with stems from Taiwan to indicators, including, but not limited to: recommendations in the review, we the list of fruits and vegetables whose Quantity of produce, type of packaging, would extend by 2 days the treatment importation into the United States is identification of grower or packinghouse times required in the other options authorized, we would add an entry for on the packaging, and documents available for this cold treatment. Thus, longan from Taiwan to the table of consigning the fruits or vegetables to a the longan would have to be treated at commodities enterable from foreign wholesaler or retailer. 33.8 °F for 17 days or 34.5 °F for 20 days. localities in § 305.2(h)(2)(i) of the For the same reasons, we are also phytosanitary treatments regulations, Phytosanitary Certificate With proposing to revise the schedule listed and we would designate proposed cold Additional Declaration for cold treatment T107–j in § 305.16 to treatment schedule T107–h as an Consignments of longan from Taiwan replace the 13-day treatment option approved treatment for melon fruit fly, would also be required to be with a 15-day treatment option. oriental fruit fly, and litchi fruit borer in accompanied by a phytosanitary However, we are not revising the 18-day longan from Taiwan. In addition, we certificate of inspection and pest treatment option for this schedule would amend the table in § 319.56–13(a) freedom issued by the national plant because T107–j is approved only for of the regulations to add an entry for protection organization (NPPO) of oriental fruit fly and the 18-day longan under Taiwan, indicating in that Taiwan, with an additional declaration treatment option has been shown to be entry that the longan would be stating that the longan in the shipment effective at neutralizing that pest. prohibited from entering Florida, could be imported in commercial shipments had been inspected and found free of Special Inspection Procedures the yellow peach moth, macadamia nut only, and would have to be treated with borer, and cashew leaf thrips. This Longan imported into the United an approved treatment listed in 7 CFR condition would require the NPPO of States from Taiwan under this rule part 305. Finally, we would add a new Taiwan to conduct phytosanitary would be subject to special inspection paragraph to § 319.56–13(b) to reflect inspections for all quarantine-significant procedures at the port of arrival for the the proposed requirement that each pests. quarantine pests yellow peach moth, shipment of longan be accompanied by macadamia nut borer, and cashew leaf a phytosanitary certificate issued by the Cold Treatment thrips. NPPO of Taiwan with an additional We would require that the longan be Specifically, a random sample of fruit declaration stating that the longan are subjected to cold treatment for melon from each consignment would be free of yellow peach moth, macadamia fruit fly, oriental fruit fly, and litchi fruit inspected to detect any pest infestation. nut borer, and cashew leaf thrips. borer using proposed APHIS treatment The sampling would be conducted at a higher rate than normal to help ensure Executive Order 12866 and Regulatory schedule T107–h, which would provide Flexibility Act two options for conducting the cold detection of the high-risk pests. The treatment: An option in which the fruit relatively large size of the yellow peach This proposed rule has been reviewed is held at 33.8 °F or below for 17 days, moth and the macadamia nut borer under Executive Order 12866. The rule and an option in which the fruit is held would allow for detection of these pests has been determined to be not at 34.5 °F or below for 20 days. on commodities. Fruit damage caused significant for the purposes of Executive This condition, in conjunction with by the cashew leaf thrips would also be Order 12866 and, therefore, has not other safeguards that would be required visible during inspection. Port-of-arrival been reviewed by the Office of for longan from Taiwan, would reduce inspection in accordance with the Management and Budget. the likelihood that longan would special inspection procedures is also the For this proposed rule, we have introduce injurious plant pests into the approved mitigation for the medium- prepared an economic analysis. The continental United States. The proposed risk pests identified in the PRA other analysis, which is set out below, cold treatment schedule, conducted in than the litchi rust mite. provides a cost-benefit analysis, as required by Executive Order 12866, as accordance with § 305.15, has been Limited Distribution determined to be an effective quarantine well as an initial regulatory flexibility treatment for melon fruit fly, oriental Fresh longan from Taiwan would be analysis that considers the potential fruit fly, and litchi fruit borer in longan. prohibited from entering Florida. All economic effects of this proposed rule The schedule listed for cold treatment individual cartons or boxes in which the on small entities, as required by the T107–h in § 305.16 currently provides longan were shipped must be stamped Regulatory Flexibility Act. Based on the three options for conducting the cold or marked with the following statement: information we have, there is no reason treatment: An option in which the fruit ‘‘Not for importation into or distribution to conclude that adoption of this is held at 33.4 °F or below for 13 days, within FL.’’ proposed rule would result in any an option in which the fruit is held at Longan shipments into the State of significant economic effect on a 33.8 °F or below for 15 days, and an Florida would be prohibited due to the substantial number of small entities. option in which the fruit is held at risk of introducing the litchi rust mite. However, we do not currently have all 34.5 °F or below for 18 days. However, of the data necessary for a FURTHER INFORMATION CONTACT and may be viewed a review 1 by APHIS has determined comprehensive analysis of the effects of on the Internet on the Regulations.gov Web site or this proposed rule on small entities. in our reading room (see ADDRESSES above for a link 1 A copy of the treatment evaluation document to Regulations.gov and information on the location Therefore, we are inviting comments on may be obtained from the person listed under FOR and hours of the reading room). potential effects. In particular, we are

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interested in determining the number commercial production of longan is county, demand for the longan as a and kind of small entities that may limited to Florida and Hawaii. As a rare minor tropical fruit is rather small and incur benefits or costs from the fruit, longan accounts for a small geographically limited, with most of the implementation of this proposed rule. percentage of the total value of tropical crop sold on the local fresh market.7 We specialty fruit sales. Producers and are unaware of large-scale commercial Reason for the Action importers that may be affected by this shipments of longan by Florida APHIS is responding to a request from proposed rule are likely to be small, producers. Additionally, we note that the Government of Taiwan to amend the based on Small Business Administration the proposed rule would not allow the fruits and vegetables regulations to (SBA) size standards as related to the importation or distribution of allow the commercial importation of North American Industry Classification commercial shipments of longan with longan with stems from Taiwan into the System (NAICS). Further, longan from stems from Taiwan into Florida. United States. Longan with stems would Taiwan would not be allowed into be imported under certain conditions Florida, and therefore would not Hawaii that would address risks associated with directly compete with U.S. producers In 2006, the U.S. Department of several pests, including fruit flies. for sales in that State. Agriculture’s National Agricultural Phytosanitary risks would be mitigated Florida Statistics Service (NASS), in using a systems approach. Import cooperation with the Hawaiian requirements would include In 1996, 91 percent of Florida’s Department of Agriculture, reported that requirements for cold treatment, limited longan production was located in there were 65 farms in Hawaii that grew distribution with box markings (to Miami-Dade County, and the remaining longan. It is possible that these farms address the risk posed by the litchi rust acreage was located in neighboring grew more than one type of fruit. These mite), phytosanitary certification of counties.2 There are between 20 and 40 Hawaiian farms had a total of 155 acres inspection and pest freedom by the different longan cultivars world-wide, of longan, 75 of which were harvested. national plant protection organization of but 99 percent of the Floridian acreage There is no commercial production for 3 Taiwan, and special procedures for port- is planted with the ‘‘Kohala’’ cultivar. canned, dried, or processed longan, as of-arrival inspection. As a signatory to The harvest season can last from July to 99 percent of the fruit is sold fresh. the International Plant Protection September, but mainly occurs in Utilized production totaled 190,000 Convention, the United States has August. pounds, which was valued at $657,000. agreed not to prescribe or adopt any In 2002, the Florida Agricultural Utilized production reported by NASS phytosanitary measure concerning the Market Research Center, in combination may be understated by as much as one- importation of plants, plant products, with the University of Florida Institute fourth because some growers did not of Food and Agricultural Sciences and other regulated articles unless such participate in the NASS surveys.8 A measures are made necessary by (IFAS), published an agricultural land 2007 report shows that the value of sales phytosanitary considerations and are study. This report states that, in 2001, for longan produced in Hawaii has technically justified. crop acreage for longan in Miami-Dade steadily increased from $147,000 in County totaled 495 acres, including Objectives and Legal Basis for the 4 2002 to $657,000 in 2006. Longan is non-bearing acreage. Latest estimates now the second most important tropical Proposed Rule are around 850 acres, including acreage specialty fruit after mango.9 The total The objective of the proposed rule is that has been planted in Palm Beach 5 value of sales of tropical specialty fruits to allow the importation of fresh longan County and Lee County. Revenue in Hawaii equaled $2.6 million in 2006. with stems from Taiwan. Importation reports from 1998 show that 275 acres With regard to the distribution of would be allowed on the condition that of the longan fruit crop sold at freight- Hawaiian longan, it is estimated that the fruit is subject to certain import on-board prices of $3.60 per pound 6 about 40 percent is irradiated and conditions including prohibited yielding a total value of $8.9 million. moved to the mainland for sale in distribution into Florida. Ninety-five percent of the longan crop metropolitan areas such as Chicago, IL, Section 319.56 of Title 7, Chapter III was sold outside Miami-Dade County. and San Francisco, CA. The remaining of the Code of Federal Regulations sets While the IFAS research does not report longan is sold within the State at resort phytosanitary requirements for the the destination of longan leaving the hotels, at farmers’ markets, or in importation of fruits and vegetables into Honolulu’s Chinatown.10 Hawaii’s the United States. Section 305.2 of Title 2 University of Florida, IFAS Extension, ‘‘Florida production and sales are a small but 7, Chapter III requires approved Crop/Pest Management Profile: Lychee and phytosanitary treatments. The Plant Longan.’’ Mark Mossler and O. Norman Nesheim. March 2002. http://edis.ifas.ufl.edu/pdffiles/PI/ 7 Florida Department of Agriculture and Protection Act (7 U.S.C. 7701 et seq.) is PI05000.pdf. Consumer Services. Charles H. Bronson. Florida the statutory basis for parts 305 and 319. 3 University of Florida, IFAS Extension. ‘‘Longan Agriculture Statistical Directory. pg. 31. April 1, It authorizes the Secretary of Growing in the Florida Home Landscape.’’ Jonathan 2007. http://www.florida-agriculture.com/pubs/ Agriculture to implement programs and Crane, Carlos Balerdi, Steven Sargent, Ian Maguire. pubform/pdf/ pg. 1. Revised Sept. 2005. http://edis.ifas.ufl.edu/ Florida_Agricultural_Statistical_Directory.pdf. policies designed to prevent the pdffiles/MG/MG04900.pdf. 8 Love, Ken. West Hawaii Director for the Hawaii introduction and spread of plant pests 4 Florida Agricultural Market Research Center, Tropical Growers Association, personal and diseases. IFAS. Miami-Dade Agricultural Land Retention communication, April 15, 2008. Study. Summary and Recommendations Vol. 1 9 National Agricultural Statistics Service, Description and Estimate of Small Table 13 ‘‘Summary of Miami-Dade Tropical Fruit Department of Agriculture State of Hawaii. ‘‘Hawaii Entities Affected by the Proposed Rule Acreage, 1990–2001.’’ p. 40. April 2002. http:// Tropical Specialty Fruits.’’ Sept. 4, 2007. http:// www.agmarketing.ifas.ufl.edu/dlfiles/Summary.pdf. www.nass.usda.gov/hi/fruit/tropfrt.pdf. Includes As background to the discussion of 5 Crane, Jonathan. Tropical Fruit Specialist at the atemoya, breadfruit, caimito, canistel, cherimoya, possible effects for small entities, we University of Florida IFAS, personal durian, jaboticaba, jackfruit, langsat, longan, loquat, first consider U.S. and world longan communication, February 29, 2008. litchi, mango, mangosteen, persimmon, poha, production and current imports by the 6 Florida Agricultural Market Research Center, rambutan, rollina, sapodilla, soursop, starfruit, and IFAS. Miami-Dade Agricultural Land Retention white sapote. United States. Production of longan in Study. Economic Issues Vol 3. p. 4. April 2002. 10 Love, Ken. West Hawaii Director for the Hawaii the United States has trended upward http://www.agmarketing.ifas.ufl.edu/dlfiles/ Tropical Growers Association, personal over the past few years. However, U.S. DadeAgLandRetentionAppendixVolumeB.pdf. communication, April 15, 2008.

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growing part of the fresh longan The Taiwanese Government estimates producers, it is likely that affected industry in the United States. that fresh longan exports to the United longan importers would be States would total around 397,000 predominantly small entities. Taiwan and Other Foreign Production pounds.16 Because of data aggregation, and Exports Fresh longan fruit with stems is we are unable to more fully assess the currently admissible from other Taiwan is a major producer of relative size of projected fresh longan countries besides China and Thailand, longan.11 In 2002, Taiwan produced imports from Taiwan, or compare them including the Bahamas, Bermuda, over 242 million pounds of longan, on to the quantities of fresh longan either Dominican Republic, Haiti, and Jamaica. over 29,000 acres.12 Most of the fresh imported from Thailand and China or Allowing Taiwan to export fresh longan longan is domestically consumed. A produced domestically. We welcome with stems to the United States is not small amount of longan is exported to information that would allow us to expected to have any significant effect other countries, including the United better understand the U.S. fresh longan on APHIS program operations, since States, as dried, preserved, canned, or market. fresh. The main cultivar in Taiwan is longan is currently imported from these the ‘‘Fengko.’’ Impact on Small Entities various other regions subject to similar Thailand and China are the Entities affected by this proposed rule conditions. frontrunners in longan production and are likely to be small, based on SBA size In sum, the quantity of fresh longan trade. In 2003, Thailand produced standards as related to NAICS. with stems projected to be exported around 875 million pounds of longan on Businesses most likely to be affected by from Taiwan to the United States is over 1.9 million acres.13 Of Thailand’s this rule would be longan producers, for probably small compared to current total longan exports, about 70 percent is which the SBA small-entity standard is import levels from other countries. shipped fresh to Hong Kong, Singapore, annual sales of not more than $750,000. However, because trade data for Malaysia, and China.14 China has an Production of longan is classified under prepared or preserved fruit combine even larger longan industry. In 2000, NAICS code 111339 (Other Non-Citrus longan with litchi, actual prepared or China produced 1.3 million pounds on Fruit Farming). In 2006, NASS reported preserved longan quantities imported by 1.1 million acres.15 APHIS regulations that there were 65 farms in Hawaii that the United States are not known. allow both Thailand and China to grew longan, and this number has not Moreover, the market for fresh longan is 17 export fresh longan fruit with stems into changed since 2003. The Tropical distinct from the market for prepared or the United States, excluding Florida, Fruit Growers of South Florida lists 25 preserved longan, and trade data on under certain conditions. members that sell longan from their fresh longan imports are not available. 18 Taiwan may be currently exporting farms. A University of Florida It is likely that imports from Taiwan prepared or preserved longan to the publication from 2004 also lists four would at least partially substitute for 19 United States, but available statistics nurseries selling longan plants. The imports from countries such as China combine data for litchi and longan; 2002 Census of Agriculture shows that and Thailand. Longan from Taiwan disaggregation of the data is not approximately 95 percent of fruit and would not be allowed into Florida, and nut tree farmers (NAICS 1113) in the possible. Foreign Agricultural Service therefore would not directly compete United States had sales that year of data, for example, show that in 2007, with U.S. producers for sales in that under $500,000. It is reasonable to U.S. imports of prepared or preserved State. litchi/longan from Taiwan totaled assume that most, if not all, longan 19,600 pounds and were valued at producers in the United States are small U.S. producers of longan are $45,000 (Harmonized Schedule code entities. predominantly small entities and 2008993500). Thailand and China Some importers of longan could be operate primarily in Hawaii and export much larger volumes of prepared affected by the proposed rule as well. southern Florida; there are relatively or preserved litchi/longan to the United These industries and their small-entity few producers, and the number of States: 7.4 million pounds and 2.4 size standards are: Fresh fruit and harvested acres is relatively small. Some million pounds, respectively, in 2007, vegetable wholesalers (NAICS 424480, domestic import firms may benefit from with a combined value of $5.1 million not more than 100 employees), any additional trade that results from (equaling 97 percent of U.S. litchi/ wholesalers and other grocery stores the proposed rule. We welcome longan imports). The percentage share (NAICS 445110, not more than $23 information that would enable us to of these litchi/longan imports that were million in annual receipts), warehouse better understand potential effects of only longan is unknown. Furthermore, clubs and superstores (NAICS 452910, this proposed rule on U.S. small quantities of fresh longan with stems not more than $23 million in annual entities. receipts) and fruit and vegetable markets imported from China and Thailand are Reporting, Recordkeeping, and Other also not known. (NAICS 445230, not more than $6 million in annual receipts). As with Compliance Requirements for Small Entities 11 All Asian production and export numbers are 16 converted from hectares and metric tons. 1 MT = Estimates from Taiwan is 180 MT equivalent to The proposed rule would not result in 2,204.64 lbs; 1 ha = 2.471 acres. 1 MT = 2,204.64 lbs. 12 Yen, C.R. ‘‘Longan Production in Taiwan.’’ 17 National Agricultural Statistics Service, U.S. entities being subject to reporting, ACTA Agriculture Vol. Jan. 2005, No. 665, p. 61– Department of Agriculture State of Hawaii. ‘‘Hawaii recordkeeping, or other compliance 66. Tropical Specialty Fruits.’’ Sept 4, 2007. http:// requirements other than, for importers, 13 Office of Agricultural Economics. Agricultural www.nass.usda.gov/hi/fruit/tropfrt.pdf. the records normally required of Statistics of Thailand 2003. Fruit Trees, Table 72: 18 Tropical Fruit Growers of South Florida. Buy Longan. http://www.oae.go.th/statistic/yearbook/ Fruit and Trees—TFGSF Directory of Members. brokerage firms and other import 2003/indexe.html. 2007. http://www.tropicalfruitgrowers.com/ businesses. Phytosanitary certification 14 Anupunt, P. Lychee and Longan Production in buy.htm#longan. and fulfillment of related import Thailand. Acta Horticulture Vol. Jan. 2005. p. 52– 19 University of Florida. IFAS Extension. conditions would be the responsibility 59. ‘‘Nursery List for Tropical Fruit Trees.’’ Andrew of the exporting party and are discussed 15 Huang, H.B and X. Huang. Lychee and Longan Rose and Jeanne Ethridge. pg. 21, Table 44. Revised Production in China. Acta Horticulture Vol. Jan. Oct. 2004. http://edis.ifas.ufl.edu/pdffiles/CN/ below under the heading ‘‘Paperwork 2005. p. 27–36. CN00800.pdf. Reduction Act.’’

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Alternatives retard the spread of plant pests new to Estimated annual number of APHIS does not expect the proposed the United States or not known to be respondents: 12,004. rule to result in significant economic widely distributed throughout the Estimated annual number of impacts for small entities, and therefore United States. responses per respondent: 1.0012. has not set forth alternatives that would The regulations in ‘‘Subpart—Fruits Estimated annual number of aim at minimizing any such impacts. and Vegetables’’ prohibit or restrict the responses: 12,018. importation of fruits and vegetables into Estimated total annual burden on Executive Order 12988 the United States from certain parts of respondents: 22 hours. (Due to This proposed rule would allow the world to prevent the introduction averaging, the total annual burden hours commercial shipments of fresh longan and dissemination of plant pests that are may not equal the product of the annual with stems from Taiwan into the United new to or not widely distributed within number of responses multiplied by the States. If this proposed rule is adopted, the United States. reporting burden per response.) State and local laws and regulations APHIS is proposing to allow the Copies of this information collection regarding longan imported under this importation of commercial shipments of can be obtained from Mrs. Celeste rule would be preempted while the fruit fresh longan with stems from Taiwan Sickles, APHIS’ Information Collection is in foreign commerce. Fresh fruits are into the United States. As a condition of Coordinator, at (301) 851–2908. generally imported for immediate entry, the longan would be subject to E-Government Act Compliance distribution and sale to the consuming cold treatment and special port-of- public and would remain in foreign arrival inspection procedures for certain The Animal and Plant Health commerce until sold to the ultimate quarantined pests. In addition, the fruit Inspection Service is committed to consumer. The question of when foreign would have to be accompanied by a compliance with the E-Government Act commerce ceases in other cases must be phytosanitary certificate stating that the to promote the use of the Internet and addressed on a case-by-case basis. If this fruit was inspected and found to be free other information technologies, to proposed rule is adopted, no retroactive of certain pests, and the individual provide increased opportunities for effect will be given to this rule, and this cartons or boxes in which the longan are citizen access to Government rule will not require administrative shipped would have to be stamped or information and services, and for other proceedings before parties may file suit printed with a statement prohibiting purposes. For information pertinent to in court challenging this rule. their importation into or distribution in E-Government Act compliance related Paperwork Reduction Act the State of Florida. to this proposed rule, please contact Implementing this proposed rule will Mrs. Celeste Sickles, APHIS’ In accordance with section 3507(d) of require respondents to complete Information Collection Coordinator, at the Paperwork Reduction Act of 1995 documents such as a phytosanitary (301) 851–2908. (44 U.S.C. 3501 et seq.), the information certificate, recordkeeping, inspection, collection or recordkeeping List of Subjects and the stamping of boxes. requirements included in this proposed We are soliciting comments from the 7 CFR Part 305 rule have been submitted for approval to public (as well as affected agencies) the Office of Management and Budget Irradiation, Phytosanitary treatment, concerning our proposed information (OMB). Please send written comments Plant diseases and pests, Quarantine, collection and recordkeeping to the Office of Information and Reporting and recordkeeping requirements. These comments will Regulatory Affairs, OMB, Attention: requirements. help us: Desk Officer for APHIS, Washington, DC 7 CFR Part 319 20503. Please state that your comments (1) Evaluate whether the proposed refer to Docket No. APHIS–2007–0161. information collection is necessary for Coffee, Cotton, Fruits, Imports, Logs, Please send a copy of your comments to: the proper performance of our agency’s Nursery stock, Plant diseases and pests, (1) Docket No. APHIS–2007–0161, functions, including whether the Quarantine, Reporting and Regulatory Analysis and Development, information will have practical utility; recordkeeping requirements, Rice, PPD, APHIS, Station 3A–03.8, 4700 (2) Evaluate the accuracy of our Vegetables. River Road Unit 118, Riverdale, MD estimate of the burden of the proposed Accordingly, we propose to amend 7 20737–1238, and (2) Clearance Officer, information collection, including the CFR parts 305 and 319 as follows: OCIO, USDA, room 404–W, 14th Street validity of the methodology and and Independence Avenue, SW., assumptions used; PART 305—PHYTOSANITARY Washington, DC 20250. A comment to (3) Enhance the quality, utility, and TREATMENTS OMB is best assured of having its full clarity of the information to be 1. The authority citation for part 305 effect if OMB receives it within 30 days collected; and continues to read as follows: of publication of this proposed rule. (4) Minimize the burden of the The United States Department of information collection on those who are Authority: 7 U.S.C. 7701–7772 and 7781– Agriculture is responsible for preventing to respond (such as through the use of 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, plant pests and noxious weeds from appropriate automated, electronic, 2.80, and 371.3. entering the United States, preventing mechanical, or other technological 2. In § 305.2, the table in paragraph the spread of plant disease not widely collection techniques or other forms of (h)(2)(i) is amended by adding, in distributed in the United States, and information technology; e.g., permitting alphabetical order, under Taiwan, a new eradicating imported pest and noxious electronic submission of responses). entry for longan to read as follows: weeds when eradication is feasible. Estimate of burden: Public reporting Under the Plant Protection Act (7 burden for this collection of information § 305.2 Approved treatments. U.S.C. 7701 et seq.), the Secretary of is estimated to average 0.0018 hours per * * * * * Agriculture is authorized to carry out response. (h) * * * operations or measures to detect, Respondents: NPPOs, importers of (2) * * * eradicate, suppress, control, prevent, or longan. (i) * * *

VerDate Aug<31>2005 14:57 Nov 06, 2008 Jkt 217001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\07NOP1.SGM 07NOP1 ebenthall on PROD1PC60 with PROPOSALS Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Proposed Rules 66205

Location Commodity Pest Treatment schedule

******* Taiwan

******* Longan ...... Bactrocera dorsalis, B. cucurbitae, Conopomorpha CT T107–h. sinensis.

*******

* * * * * schedules T107–h and T107–j to read as § 305.16 Cold treatment schedules. 3. In § 305.16, the table is amended by follows: revising the entries for treatment

Treatment schedule Temperature (°F) Exposure period

******* T107–h ...... 33.8 or below ...... 17 days. 34.5 or below ...... 20 days. T107–j ...... 33.8 or below ...... 15 days. 34.5 or below ...... 18 days.

*******

* * * * * Authority: 7 U.S.C. 450, 7701–7772, and order, under Taiwan, a new entry for 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR longan to read as set forth below. PART 319—FOREIGN QUARANTINE 2.22, 2.80, and 371.3. b. By adding a new paragraph NOTICES 5. Section 319.56–13 is amended as (b)(5)(xvii) to read as set forth below. 4. The authority citation for part 319 follows: § 319.56–13 Fruits and vegetables allowed continues to read as follows: a. In paragraph (a), the table is importation subject to specified conditions. amended by adding, in alphabetical (a) * * *

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

******* Taiwan

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

*******

* * * * * Done in Washington, DC, this 3rd day of DEPARTMENT OF TRANSPORTATION (b) * * * November 2008. Kevin Shea, Federal Aviation Administration (5) * * * Acting Administrator, Animal and Plant (xvii) Must be accompanied by a Health Inspection Service. 14 CFR Parts 25, 121, and 129 phytosanitary certificate issued by the [FR Doc. E8–26612 Filed 11–6–08; 8:45 am] national plant protection organization of BILLING CODE 3410–34–P [Docket No. FAA–2006–24281] the exporting country of origin with an additional declaration stating that the Aviation Rulemaking Advisory fruit is free of Conogethes punctiferalis, Committee Meeting on Transport Cryptophlebia ombrodelta, and Airplane and Engine Issues—Aging Rhipiphorothrips cruentatus. Aircraft Program: Widespread Fatigue Damage * * * * * AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of public meeting, reopening of comment period.

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