Federal Register: May 20, 2009 (Volume 74, Number 96)
DOCID: fr20my09-1 FR Doc E9-11735
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
CFR Citation: 7 CFR Parts 305 and 319
Docket ID: [Docket No. APHIS-2007-0161]
RIN ID: RIN 0579-AC89
NOTICE: RULES
DOCID: fr20my09-1
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Importation of Longan From Taiwan
DATES: Effective Date: June 19, 2009.
DOCUMENT SUMMARY:
We are amending the regulations to allow the importation of commercial shipments of fresh longan with stems from Taiwan into the United States. As a condition of entry, the longan will be subject to cold treatment and special portofarrival inspection procedures for certain quarantine pests. In addition, the fruit will have to be accompanied by a phytosanitary certificate stating that the fruit was inspected and found to be free of certain quarantine pests, and the individual cartons or boxes in which the longan are shipped will be stamped or printed with a statement prohibiting their importation into or distribution in the State of Florida. This action will allow for the importation of commercial shipments of fresh longan with stems from Taiwan into the United States while continuing to provide protection against the introduction of quarantine pests into the United States.
SUMMARY:
Importation of Longan From Taiwan
SUPPLEMENTAL INFORMATION
Background
The regulations in ``SubpartFruits and Vegetables'' (7 CFR 319.56 1 through 319.5648, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into the United States from certain parts of the world to prevent the introduction and dissemination of plant pests that are new to or not widely distributed within the United States.
On November 7, 2008, we published in the Federal Register (73 FR
6620066205, Docket No. APHIS20070161) a proposal \1\ to amend the
regulations by allowing the importation of commercial shipments of
fresh longan with stems from Taiwan into the United States. As a
condition of entry, the longan would be subject to cold treatment and
special portofarrival inspection procedures for certain quarantine
pests. In addition, the fruit would have to be accompanied by a
phytosanitary certificate stating that the fruit was inspected and
found to be free of certain pests, and the individual cartons or boxes
in which the longan are shipped would have to be stamped or printed
with a statement prohibiting their importation into or distribution in
the State of Florida. We proposed this action to allow for the
importation of commercial shipments of fresh longan with stems from
Taiwan into the United States while continuing to protect against the introduction of quarantine pests into the United States.
\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS20070161.
We solicited comments concerning our proposal for 60 days ending January 6, 2009. We received two comments by that date. They were from a research entomologist and from a private citizen. They are discussed below by topic.
One commenter stated that longan is not a host for the litchi rust mite (Aceria litchi), and that the mite should be removed from the list of pests of longan in the pest risk assessment. The commenter provided a reference to a scientific article that supported this statement. The commenter further stated that because longan is not a host of the litchi rust mite, we should not include in the final rule the prohibition against their importation and distribution into Florida, which we proposed to protect that State's commercial litchi and longan production from the litchi rust mite.
We have reviewed the article the commenter cited as well as other peerreviewed scientific publications on the litchi rust mite and pests of longan. The majority of these materials indicate that longan may not be a major host of the litchi rust mite, but can be a minor host or a host under certain conditions. Furthermore, in its request to export longan to the United States, the Taiwanese Government included the mite in its list of pests associated with longan in Taiwan and reported it to have major economic significance. For these reasons, we continue to treat longan as a host for the litchi rust mite, and this final rule includes a prohibition against the importation or distribution of longan from Taiwan into Florida.
One commenter stated that, because Hawaii is also a longan producing State, longan imported from Taiwan should be subject to the same distribution restrictions for Hawaii as we proposed to establish for Florida.
The importation or distribution of longan from Taiwan into Florida is prohibited to protect against the introduction of the litchi rust mite. This is consistent with other import programs in which shipments of litchis and longan from areas where litchi rust mite exists are prohibited from importation or distribution into Florida. However, the litchi rust mite is already established in Hawaii, so there is no additional plant health benefit to prohibiting the importation or distribution of longan from Taiwan into Hawaii. We are making no changes to the proposed rule in response to this comment.
One commenter expressed concern that domestic growers could suffer economically as a result of competition with cheaper imported longan.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), we have the
authority to prohibit or restrict the importation of plants and plant
products only when necessary to prevent the introduction into or
dissemination of plant pests or noxious weeds within the United States.
We do not have the authority to restrict imports solely on the grounds
of potential economic effects on domestic entities that could result from increased imports. We did, however, prepare an
[[Page 23610]]
economic analysis of the potential economic effects of the rule, as
required by the Regulatory Flexibility Act. Our analysis for this final
rule is presented in the paragraphs that follow. Based on that
analysis, we have determined that this rule will not have a significant economic impact on a substantial number of small entities.
Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget.
After conducting an initial regulatory flexibility analysis for the proposed rule, APHIS has determined that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The following is a factual basis for this determination. No significant public comments were received in response to the initial regulatory flexibility analysis.
Since publication of the proposed rule, APHIS has obtained updated
data on the production of fresh longan in the United States. The United
States is not a major producer of longan. Latest estimates indicate
that the United States annually produces around 5 million pounds of
longan in California, Hawaii, and Florida, with most production occurring in south Florida.\2\
\2\ University of Florida Institute of Food and Agricultural Sciences Extension. ``Importation of Tropical Fruits from
Thailand.'' E. Evans and S. Nalampang. August 2008. http:// edis.ifas.ufl.edu/document_fe719.
In California, longan is considered an experimental crop that is
rarely available to consumers.\3\ Although there are some private
gardens in southern California that grow longan, reportedly less than 25 acres are planted for commercial production.\4\
\3\ Ventura County Cooperative Extension. University of
California, Agriculture and Natural Resources. ``Longan''. http:// ceventura.ucdavis.edu/Agriculture265/Longan.htm 2009.
\4\ Mark Gaskell, University of California cooperative extension
advisor for San Luis Obispo and Santa Barbara counties, personal communication. March 4, 2008.
In 2007, 75 Hawaiian farms harvested 160 acres of longan yielding
263,000 pounds valued at $784,000.\5\ It is estimated that 99 percent
of the fruit is sold fresh, 40 percent of which is irradiated and
shipped to mainland metropolitan areas such as Chicago, IL, and San
Francisco, CA. Hawaii's remaining longan is sold within that State at
resort hotels, farmers' markets, and in Honolulu's Chinatown.\6\
\5\ USDA, National Agricultural Statistics Service. ``Hawaii
Specialty Fruits.'' August 2008. http://www.nass.usda.gov/ Statistics_by_State/Hawaii/Publications/Fruits_and_Nuts/
tropfrt.pdf.
\6\ Love, Ken. West Hawaii Director for the Hawaii Tropical
Growers Association, personal communication, April 15, 2008.
In 1996, 91 percent of Florida's longan production was located in
MiamiDade County.\7\ Revenue reports from 1998, the most recent
revenue data available on Florida's longan production, show that 275
acres of longan yielded a value of $8.9 million.\8\ These data imply
average revenue per acre of over $32,300, which is many times larger
than the average revenue per acre, $4,900, for Hawaii's longan
producers. Assuming that not more than 300,000 pounds of longan are
produced in California and Hawaii, then at least 94 percent (4,700,000
pounds) of U.S. longan production takes place in Florida. While Florida
does not report the destination of longan leaving MiamiDade County,
principal demand for the longan as a minor tropical fruit is
geographically limited, with most of the crop sold on the local fresh
market.\9\ Although U.S. production of longan has increased over the
past 5 years, there is still limited demand for this fruit.\10\
\7\ University of Florida, IFAS Extension, ``Florida Crop/Pest
Management Profile: Lychee and Longan.'' Mark Mossler and O. Norman
Nesheim. March 2002. http://edis.ifas.ufl.edu/pdffiles/PI/ PI05000.pdf.
\8\ Florida Agricultural Market Research Center, IFAS. Miami
Dade Agricultural Land Retention Study. Economic Issues Vol 3. p. 4.
April 2002. http://www.agmarketing.ifas.ufl.edu/dlfiles/ DadeAgLandRetentionAppendixVolumeB.pdf.
\9\ Florida Department of Agriculture and Consumer Services.
Charles H. Bronson. Florida Agriculture Statistical Directory.
http://www.floridaagriculture.com/pubs/pubform/pdf/Florida_
Agricultural_Statistical_Directory.pdf pg. 29. May 19, 2008.
\10\ University of Florida IFAS Extension. ``Importation of
Tropical Fruits from Thailand.'' Edward Evans and Sikavas Nalampang.
August 2008. http://edis.ifas.ufl.edu/document_fe719.
Major foreign producers of fresh longan include China, Thailand,
and Taiwan. Both China and Thailand are allowed to export fresh longan
fruit to the United States, excluding Florida. In 2007, China's
production was around 2.8 billion pounds of longan, 3.1 million pounds
of which was exported fresh to the United States.\11\ Thailand's
production was around 1.1 billion pounds \12\ and exports totaled 354
million pounds to China, Indonesia, Hong Kong, Singapore, and the
Philippines. Since the publication of final rule allowing the
importation of fruit from Thailand (72 FR 3416334176, published June
21, 2007, effective July 23, 2007, Docket No. APHIS20060040), PPQ has
reported 164 shipments with a total of 326,383 boxes of fresh longan
imported into the United States from Thailand between November 2007 and March 2009.
\11\ USDA Foreign Agricultural Service. ``GAIN Report. Tropical
Fruit in China 2008.'' May 28, 2008. http://www.fas.usda.gov/ gainfiles/200805/146294773.pdf.
\12\ Office of Agricultural Economics. Agricultural Statistics
of Thailand. Table 61, Longan. http://www.oae.go.th/statistic/ yearbook50/section5/sec5table61.pdf.
Taiwan is a major producer of longan. In 2002, Taiwan produced over
242 million pounds, on over 29,000 acres.\13\ The Taiwanese Government
estimates that annual fresh longan exports to the United States will
total around 397,000 pounds, a quantity equivalent to about 13 percent
of U.S. longan imports from China and about 8 percent of U.S.
production. Fresh longan fruit with stems is currently admissible from
other countries besides China and Thailand, including the Bahamas, Bermuda, Dominican Republic, Haiti, and Jamaica.
\13\ Yen, C.R. ``Longan Production in Taiwan.'' ACTA Agriculture vol: Jan 2005, no. 665 p. 6166.
While longan imports from Taiwan will compete with U.S.produced longan, we expect that they will also compete with and substitute for longan imports from other countries, especially China, as well as help meet the expanding U.S. demand for exotic fruits. Displacement of other imports and an expanding market will moderate adverse effects of this rule for U.S. producers.
Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities.
Executive Order 12988
This final rule allows fresh longan with stems to be imported into
the United States from Taiwan. State and local laws and regulations
regarding fresh longan imported under this rule will be preempted while
the fruit is in foreign commerce. Fresh longan are generally imported
for immediate distribution and sale to the consuming public, and remain
in foreign commerce until sold to the ultimate consumer. The question
of when foreign commerce ceases in other cases must be addressed on a
casebycase basis. No retroactive effect will be given to this rule,
and this rule will not require administrative proceedings before parties may file suit in court challenging this rule.
[[Page 23611]]
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget (OMB) under OMB control number 05790351.
EGovernment Act Compliance
The Animal and Plant Health Inspection Service is committed to compliance with the EGovernment Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to EGovernment Act compliance related to this rule, please contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 8512908. List of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements.
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, we are amending 7 CFR parts 305 and 319 as follows: PART 305PHYTOSANITARY TREATMENTS
1. The authority citation for part 305 continues to read as follows:
Authority: 7 U.S.C. 77017772 and 77817786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended by
adding, in alphabetical order, under Taiwan, a new entry for longan to read as follows:
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(i) * * *
Location Commodity Pest Treatment schedule
* * * * * * * Taiwan:
* * * * * * *
Longan................ Bactrocera dorsalis, B. CT T107h.
cucurbitae, Conopomorpha
sinensis.
* * * * * * * * * * * *
3. In Sec. 305.16, the table is amended by revising the entries for treatment schedules T107h and T107j to read as follows:
Sec. 305.16 Cold treatment schedules.
Temperature
Treatment schedule ([deg]F) Exposure period * * * * * * *
T107h.......................... 33.8 or below..... 17 days
34.5 or below..... 20 days.
T107j.......................... 33.8 or below..... 15 days.
34.5 or below..... 18 days. * * * * * * *
* * * * *
PART 319FOREIGN QUARANTINE NOTICES
4. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 77017772, and 77817786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
5. Section 319.5613 is amended as follows:
a. In paragraph (a), in the table, by adding, in alphabetical order,
under Taiwan, a new entry for longan to read as set forth below.
b. By adding a new paragraph (b)(5)(xvii) to read as set forth below.
c. By revising the OMB citation at the end of the section to read as set forth below.
Sec. 319.5613 Fruits and vegetables allowed importation subject to specified conditions.
(a) * * *
[[Page 23612]]
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).
* * * * * * * * * * * *
(b) * * *
(5) * * *
(xvii) Must be accompanied by a phytosanitary certificate issued by
the national plant protection organization of the exporting country of
origin with an additional declaration stating that the fruit is free of Conogethes punctiferalis, Cryptophlebia ombrodelta, and
Rhipiphorothrips cruentatus.
(Approved by the Office of Management and Budget under control
numbers 05790049, 05790236, 05790264, 05790316, and 05790351)
Done in Washington, DC, this 14th day of May 2009. Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E911735 Filed 51909; 8:45 am]
BILLING CODE 341034P
FOR FURTHER INFORMATION CONTACT
Mr. Alex Belano, Branch Chief, Regulations, Permits, and Manuals; Risk Management and Plants for Planting Policy, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 207371231; (301) 7348758.