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 VerDate Aug<31>2005 14:57 Nov 06, 2008 Jkt 217001 PO 00000 Frm 00001 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 66201 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.