From: Subject: FR Doc E8-19875 Date: Wed, 27 Aug 2008 10:59:42 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-19875.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-19875 
[Federal Register: August 27, 2008 (Volume 73, Number =
167)]
[Proposed Rules]              =20
[Page 50577-50582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au08-12]                        =20

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2007-0152]
RIN 0579-AC82

=20
Importation of Grapes from Chile Under a Systems Approach

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the fruits and vegetables=20
regulations to allow fresh table grapes from Chile to be imported into=20
the continental United States under a systems approach. Currently, as a=20
condition of entry, all table grapes from Chile must be fumigated with=20
methyl bromide as a risk-mitigation measure for Brevipalpus chilensis.=20
Under this proposal, we would allow a combination of risk-mitigation=20
measures, or systems approach, to be employed in lieu of methyl bromide=20
fumigation. The systems approach would provide an alternative to methyl=20
bromide while continuing to provide protection against the introduction=20
of quarantine pests into the United States.

DATES: We will consider all comments that we receive on or before=20
October 27, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://frwebgate=
.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinkl=
og&to=3Dhttp://www.regulations.gov/fdmspublic/component/main?main=3DD=
ocketDetail%26d=3DAPHIS-2007-01 52 to submit or view comments=20
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of=20
your comment to Docket No. APHIS-2007-0152, Regulatory Analysis and=20
Development, PPD, APHIS, Station 3A-03.8,4700 River Road Unit 118,=20
Riverdale, MD 20737-1238. Please state that your comment refers to=20
Docket No. APHIS-2007-0152.
    Reading Room: You may read any comments that we receive on this=20
docket in our reading room. The reading room is located in room 1141 of=20
the USDA South Building, 14th Street and Independence Avenue, SW.,=20
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,=20
Monday through Friday, except holidays. To be sure someone is there to=20
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its=20
programs is available on the Internet at http://frw=
ebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Assistant Branch=20
Chief, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River=20
Road Unit 133, Riverdale, MD 20737-1231; (301) 734-5333.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56=20
through 319.56-47, referred to below as the regulations) prohibit or=20
restrict the importation of fruits and vegetables into the United=20
States from certain parts of the world to prevent the introduction and=20
dissemination of plant pests that are new to or not widely distributed=20
within the United States.
    Currently, the importation of table grapes (Vitis vinifera L.) from=20
Chile into the United States is authorized under Sec.  319.56-4 of the=20
regulations. Accordingly, Chilean table grapes are listed in the Plant=20
Protection and Quarantine Fresh Fruits and Vegetables Import Manual,=20
which may be viewed on the Internet at http://frwebgate.access.gpo.gov=
/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklog&to=3Dhtt=
p://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pd=
f, as a commodity=20
approved for entry into the United States, subject to certain=20
conditions.
    The regulations in 7 CFR part 305, ``Phytosanitary Treatments,''=20
specify the treatment schedules that must be used on certain=20
commodities prior to their importation or entry into the United States.=20
Currently, in Sec.  305.2 of these regulations, paragraph (i)=20
identifies several different treatment schedules for use on table=20
grapes from Chile as risk-mitigation measures for Brevipalpus chilensis=20
mites and/or Mediterranean fruit fly (Ceratitis capitata, referred to=20
below as Medfly), depending on the area of Chile from which the fruit=20
originates. If the grapes originate from an area of Chile in which both=20
pests are known to exist, the grapes must be treated with methyl=20
bromide for B. chilensis followed by cold treatment for Medfly. If the=20
table grapes originate from an area of Chile that the Animal and Plant=20
Health Inspection Service (APHIS) has declared a pest-free area for=20
Medfly in

[[Page 50578]]

accordance with the provisions of Sec.  319.56-5 of the regulations,=20
only the methyl bromide treatment is required.
    Under a systems approach, a set of phytosanitary conditions, at=20
least two of which have an independent effect in mitigating the pest=20
risk associated with the movement of commodities, is specified, whereby=20
fruits and vegetables may be imported into the United States from=20
countries that are not free of certain plant pests. In 2002, the=20
Servicio Agricola y Ganadero, the national plant protection=20
organization (NPPO) of Chile, proposed a systems approach to be used in=20
lieu of the methyl bromide fumigation of table grapes for B. chilensis=20
mites. The approach consisted of the registration of production sites=20
with the NPPO, the certification of production sites by the NPPO as=20
having a low prevalence of B. chilensis mites, joint inspection of=20
samples from these production sites in Chile by the NPPO and APHIS,=20
issuance of phytosanitary certificates, and inspection of a sample of=20
the grapes at a port of entry. A similar approach is currently in use=20
for clementines, mandarins, and tangerines from Chile, under our=20
regulations in Sec.  319.56-38.
    During the 2002/2003 growing season, with the cooperation of APHIS,=20
Chile's NPPO conducted a pilot program to determine whether the=20
approach could be utilized as an effective mitigation measure against=20
B. chilensis mites to prevent the introduction of that pest in grapes=20
imported into the continental United States from Chile. The pilot=20
program suggested that the approach proposed by Chile's NPPO could be=20
used for this commodity.
    Therefore, in October 2006, APHIS received a request from the NPPO=20
of Chile to allow the importation of Chilean table grapes into the=20
continental United States under a systems approach substantively=20
similar to the one that had been used during the pilot program. In=20
response to this request, we evaluated the approach to determine=20
whether it was sufficient to mitigate its target pest. While our=20
evaluation was still underway, the Chilean NPPO conducted a second=20
pilot program, again with APHIS' cooperation, during the 2006/2007=20
growing season. This program again suggested that the approach proposed=20
by the Chilean NPPO was efficacious.
    As a result of our evaluation, and based upon the findings of these=20
pilot programs, we prepared a commodity import evaluation document=20
(CIED) for Chilean table grapes prepared for export under a systems=20
approach. Copies of the CIED may be obtained from the person listed=20
under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov=20
Web site (see ADDRESSES above for instructions for accessing=20
Regulations.gov).
    The CIED, entitled ``Systems Approach for Grapes Vitis Vinifera L.=20
Imported from Chile into the Continental United States,'' examines a=20
systems approach substantively similar to the approach employed by=20
Chile during the pilot programs and concludes that those phytosanitary=20
measures would effectively remove B. chilensis mites from the=20
importation pathway for Chilean table grapes. Based on the information=20
contained in the CIED, we are proposing to amend the regulations to=20
allow the importation of table grapes from Chile into the continental=20
United States under a systems approach. The systems approach, which=20
would be set out in a new Sec.  319.56-49, would comprise the following=20
phytosanitary measures:
    Commercial consignment. Only commercial consignments of grapes=20
would be eligible for importation.
    Production site registration. The production site where the fruit=20
is grown would have to be registered with the NPPO of Chile. To=20
register, the production site would have to provide Chile's NPPO with=20
the following information: Grower, exporter, orchard, production site=20
name (if this differs from the name of the orchard), region, township,=20
province, locality, area planted to each variety, number of hectares/
variety, and approximate date of harvest. Registration would have to be=20
renewed annually.
    Low prevalence production site certification. Between 1 and 30 days=20
prior to harvest, random samples of fruit would have to be collected=20
from each registered production site under the direction of Chile's=20
NPPO. These samples would have to undergo a pest detection and=20
evaluation method as follows: Each bunch of grapes, including fruit and=20
rachis (spines), would have to be washed using a flushing method,=20
placed in a 20 mesh sieve on top of a 200 mesh sieve, sprinkled with a=20
liquid soap and water solution, washed with water at high pressure, and=20
washed with water at low pressure. The process would then be repeated.=20
The contents of the 200 mesh sieve would then be placed on a petri dish=20
and analyzed for the presence of live B. chilensis mites. If a single=20
live B. chilensis mite is found, the production site would not qualify=20
for certification as a low prevalence production site and would be=20
eligible to export fruit to the United States only if the fruit is=20
fumigated with methyl bromide. Each production site would have only one=20
opportunity per harvest season to qualify as a low prevalence=20
production site, and certification of low prevalence would be valid for=20
one harvest season only. The NPPO of Chile would present a list of=20
certified production sites to APHIS.
    We have determined that low prevalence production site=20
certification will identify problem production sites and prevent=20
shipment of fruit with B. chilensis mites from these sites. This=20
certification process has been tested in Chile and been found=20
successful in identifying areas with high and low populations of mites.
    Post-harvest processing. After harvest, all damaged or diseased=20
fruits would have to be culled at the packinghouse, and the remaining=20
fruit would have to be packed into new, clean boxes, crates, or other=20
packing containers approved by APHIS for fumigation with methyl=20
bromide, should such fumigation become necessary.
    Phytosanitary inspection. The fruit would have to be inspected in=20
Chile at an APHIS approved inspection site under the direction of APHIS=20
inspectors in coordination with the NPPO of Chile after the post-
harvest processing. A biometric sample would have to be drawn and=20
examined from each consignment. Fruit presented for inspection would=20
have to be identified in the shipping documents accompanying each lot=20
of fruit to specify the production site(s) in which the fruit was=20
produced and the packing shed(s) in which the fruit was processed. This=20
identification would have to be maintained until the fruit is released=20
for entry into the United States. A biometric sample of boxes, crates,=20
or other APHIS-approved packing containers from each consignment would=20
have to be selected by the NPPO of Chile at a sampling rate that is=20
sufficient to detect a 6 percent infestation rate with a 95 percent=20
confidence level. Grapes and panicles from these boxes, crates, or=20
other APHIS-approved packing containers would have to be visually=20
inspected for quarantine pests, and a portion of the fruit would have=20
to be washed with soapy water and the collected filtrate=20
microscopically examined for B. chilensis. If a single live B.=20
chilensis mite is found, the fruit would be eligible for importation=20
into the United States only if it has been fumigated in Chile with=20
methyl bromide under the supervision of APHIS personnel. When employed=20
jointly, post-harvest processing, such as the culling of damaged fruit,=20
and phytosanitary inspections, such as biometric sampling for B.=20
chilensis mites, should remove

[[Page 50579]]

any remaining fruit that contains B. chilensis mites.
    Phytosanitary certificate. Each consignment of grapes would have to=20
be accompanied by a phytosanitary certificate issued by the NPPO of=20
Chile that contains an additional declaration stating that the grapes=20
in the consignment meet the conditions of Sec.  319.56-49. Requiring a=20
phytosanitary certificate ensures that the NPPO has inspected the fruit=20
and certified that it meets the conditions for export to the=20
continental United States. If, as a result of the inspections specified=20
by the systems approach, a single live B. chilensis mite is discovered=20
in a consignment of grapes, that consignment would be eligible for=20
importation into the United States only if it was fumigated with methyl=20
bromide in accordance with the treatment schedules already specified in=20
the regulations. The production site from which the fruit originated=20
would lose its certification as a low prevalence production site for=20
the remainder of that shipping season, and all subsequent consignments=20
from the site during that season would have to be fumigated with methyl=20
bromide in order to be eligible for importation into the continental=20
United States.
    Because the systems approach is neither intended for nor effective=20
in removing Medfly from the importation pathway for table grapes,=20
grapes from an area of Chile not declared by APHIS to be free of Medfly=20
would have to be cold treated according to schedule CT T107-a as a=20
risk-mitigation measure for Medfly.
    We also recognize that some producers would not be able to or would=20
not wish to use the systems approach as a means for access to the U.S.=20
market. Therefore, as an alternative mitigation measure, producers=20
would be able to continue to use fumigation with methyl bromide in=20
Chile or at the port of first arrival to the United States. An APHIS=20
inspector would monitor the fumigation and prescribe such safeguards as=20
might be necessary for unloading, handling, and transportation prior to=20
fumigation. The final release of the fruit for entry into the United=20
States would be conditioned upon compliance with prescribed safeguards=20
and required treatment.
    Finally, Sec.  319.56-6 of the regulations states that, if APHIS=20
personnel need to be physically present in an exporting country or=20
region to facilitate the exportation of fruits or vegetables and APHIS=20
services are to be funded by the NPPO of the exporting country or a=20
private export group, then the NPPO or the export group must enter into=20
a trust fund agreement with APHIS. In accordance with this section, we=20
are proposing to require a trust fund agreement for the importation of=20
table grapes from Chile into the United States.
    Under the trust fund agreement, the NPPO of Chile or the private=20
export group would have to pay in advance for all estimated costs that=20
APHIS expects to incur in providing inspection services in Chile. These=20
costs would include administrative expenses incurred in conducting the=20
services and all salaries (including overtime and the Federal share of=20
employee benefits), travel expenses (including per diem expenses), and=20
other incidental expenses incurred by the inspectors in performing=20
services. The agreement would have to require the NPPO of Chile or the=20
private export group to deposit a certified or cashier's check with=20
APHIS for the amount of those costs, as estimated by APHIS. The=20
agreement would have to further specify that, if the deposit is=20
insufficient to meet all costs incurred by APHIS, the NPPO of Chile or=20
the private export group would deposit with APHIS, before the services=20
would be completed, a certified or cashier's check for the amount of=20
the remaining costs, as determined by APHIS. After a final audit at the=20
conclusion of each shipping season, any overpayment of funds would be=20
returned to the NPPO of the exporting country or region or a private=20
export group, or held on account.
    Requiring the payment of costs in advance is necessary to help=20
defray the costs to APHIS of providing inspection and treatment=20
monitoring services in Chile.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866.=20
The rule has been determined to be not significant for the purposes of=20
Executive Order 12866, and, therefore, has not been reviewed by the=20
Office of Management and Budget.
    In accordance with 5 U.S.C. 603, we have performed an initial=20
regulatory flexibility analysis, which is set out below, regarding the=20
potential effects of the proposed action on small entities. We do not=20
currently have all the data necessary for a comprehensive analysis of=20
the effects of this rule on small entities. Therefore, we are inviting=20
comments concerning potential effects. In particular, we are interested=20
in determining: (1) Whether allowing the importation of table grapes=20
from Chile under a systems approach, instead of following fumigation=20
with methyl bromide, will affect the cost to U.S. importers of Chilean=20
table grapes; (2) the relative costs of the two means of treatment; and=20
(3) whether applying the systems approach may influence the price of=20
Chilean table grapes within the United States.
    Currently, table grapes may be imported from Chile subject to=20
fumigation with methyl bromide, and, depending on the region in Chile=20
from which the grapes originate, cold treatment.\1\ We are proposing to=20
amend the regulations to allow the importation into the continental=20
United States of fresh table grapes from Chile under a systems approach=20
in lieu of treatment with methyl bromide.
-------------------------------------------------------------------------=
--

    \1\ Chile is divided into 15 administrative regions, of which 12=20
have been designated by APHIS as Medfly-free, in accordance with the=20
provisions of Sec.  319.56-5 of the regulations.
-------------------------------------------------------------------------=
--

    As part of this systems approach, we would require production site=20
registration, low prevalence production site certification, post-
harvest processing, phytosanitary inspection, and issuance of=20
phytosanitary certificates. This action would allow Chilean exporters=20
to ship fresh table grapes to the continental United States under a=20
process other than fumigation with methyl bromide, while continuing to=20
provide protection against the introduction of quarantine pests into=20
the United States.
    The Regulatory Flexibility Act requires agencies to specifically=20
consider the economic effects of their rules on small entities. The=20
Small Business Administration (SBA) has established size criteria based=20
on the North American Industry Classification System (NAICS) to=20
determine which economic entities meet the definition of a small firm.=20
The proposed rule may affect domestic producers of fresh grapes and=20
wholesalers who import fresh table grapes. Businesses producing fresh=20
grapes are classified in the North American Industry Classification=20
System (NAICS) within the category of grape farming without making=20
wine.
    The small business size standard for grape farming without making=20
wine, as identified by the SBA based upon NAICS code 11 1332, is=20
$750,000 or less in annual receipts.\2\ While the available data do not=20
provide the number of U.S. grape-producing entities according to size=20
distribution as it relates to annual receipts, it is reasonable to=20
assume that the majority of the operations are considered small=20
businesses by SBA standards. According to the 2002 Census of=20
Agriculture, there were at least 23,856 grape farms in the United

[[Page 50580]]

States in 2002, and at least 937,200 acres of arable land on which=20
grapes were grown (see table 1). It is estimated that approximately 93=20
percent of these 23,856 grape farms had annual sales in 2002 of=20
$500,000 or less, and are therefore considered to be small entities by=20
SBA standards.
-------------------------------------------------------------------------=
--

    \2\ Based upon 2002 Census of Agriculture-State Data and the=20
``Small Business Size Standards by NAICS Industry,'' Code of Federal=20
Regulations, Title 13, Chapter I.

  Table 1--2006/2007 \1\ State-Level Production of Grapes for the Fresh
                       Market in the United States
------------------------------------------------------------------------
                                  Production (metric
              State                    tons) \2\        Number of acres
------------------------------------------------------------------------
California......................     703,975 (99.3%)       800,000 (86%)
Michigan........................                  91              14,200
Missouri........................                  64               1,300
New York........................               2,722              31,000
North Carolina..................                 163               1,300
Ohio............................                  91               2,200
Pennsylvania....................                 272              12,200
Texas...........................                  91               2,900
                                 ---------------------------------------
    Sum of the eight States.....     707,469 (99.8%)     866,400 (92.5%)
------------------------------------------------------------------------
Other States....................               1,561              70,800
United States...................             709,030             937,200
------------------------------------------------------------------------
\1\ Based upon 2002 Census of Agriculture-State Data and the ``Small
  Business Size Standards by NAICS Industry,'' Code of Federal
  Regulations, Title 13, Chapter I.
\2\ Quantities have been converted from short tons to metric tons using
  a conversion factor of 1 short ton =3D 0.9072 metric tons.

    The United States currently ranks fifth in the world's production=20
of grapes, behind China, Turkey, Italy, and Chile. However, U.S.=20
production of grapes for fresh consumption increased by less than 1=20
percent on average over the last 17 years. Currently, only one-tenth of=20
all grapes produced in the United States are consumed as table grapes,=20
with the remainder utilized by the processing sector. U.S. fresh market=20
grape production has averaged a little over 790,000 metric tons=20
annually from the 2000/2001 growing season to the 2006/2007 season,=20
generating an average of over $600 million at the farm level annually.
    With respect to the consumption of fresh grapes, the United States=20
currently ranks third worldwide, following China and Turkey. U.S.=20
domestic consumption of fresh grapes from 2000/2001 to 2006/2007 was=20
approximately 907 metric tons per year, on average. During that period,=20
per capita U.S. consumption of fresh grapes averaged 6.2 pounds per=20
year. This level of consumption made fresh grapes the fourth-most=20
consumed fruit within the United States during that time period.
    The United States became a net importer of fresh table grapes in=20
the mid-1980s and has remained so since that time. The disparity=20
between imports and exports has widened in recent years. For example,=20
in 2006, the United States exported 290,089 metric tons of fresh table=20
grapes, and imported 603,218 metric tons. Accordingly, the United=20
States has increasingly relied on imported table grapes to fulfill=20
domestic demand. During the 1980s, imports accounted on average for 28=20
percent of fresh grapes available for domestic consumption. Between the=20
2000/2001 and 2006/2007 growing seasons, this share rose to more than=20
50 percent.
    Domestically produced fresh grapes are usually shipped to the U.S.=20
market between the months of May and November. During the U.S. off-
season (December through April), domestically produced supplies are=20
supplemented by imports. Chile is the primary exporter of fresh table=20
grapes to the United States, accounting for approximately 75 percent of=20
total U.S. imports of this commodity. The presence of imported grapes=20
within the domestic market during the U.S. off-season allows for year-
round availability of the product and promotes domestic consumption.
    Most grape production in Chile takes place during U.S. winter=20
months, when there is little or no fresh grape production within the=20
United States with which to compete. In addition, we do not expect that=20
the proposed rule would affect the processing grape industry in the=20
United States because of the separate markets for table grapes and=20
processing grapes.
    The alternative to this proposed rule was to make no changes to the=20
regulations. After consideration, we rejected this alternative, insofar=20
as we evaluated the proposed systems approach and determined it to be=20
effective in removing B. chilensis mites from the importation pathway=20
for Chilean table grapes.
    This proposed rule contains various recordkeeping and reporting=20
requirements. These requirements are described in this document under=20
the heading ``Paperwork Reduction Act.''

Executive Order 12988

    This proposed rule would allow table grapes to be imported from=20
Chile under a systems approach. If this proposed rule is adopted, State=20
and local laws and regulations regarding table grapes imported under=20
this rule would be preempted while the fruit is in foreign commerce.=20
Fresh fruits are generally imported for immediate distribution and sale=20
to the consuming public and would remain in foreign commerce until sold=20
to the ultimate consumer. The question of when foreign commerce ceases=20
in other cases must be addressed on a case-by-case basis. If the=20
proposed rule is adopted, no retroactive effect will be given to this=20
rule, and this rule will not require administrative proceedings before=20
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act=20
of 1995 (44 U.S.C. 3501 et seq.), the information collection or=20
recordkeeping requirements included in this proposed rule have been=20
submitted for approval from the Office of Management and Budget (OMB).=20
Please send written comments to the Office of Information and=20
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,=20
DC 20503. Please state that your comments refer to Docket No. APHIS-
2007-0152. Please send a copy of your comments to: (1) Docket No.=20
APHIS-2007-0152, Regulatory Analysis and Development, PPD, APHIS,=20
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,=20
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street

[[Page 50581]]

and Independence Ave SW., Washington, DC 20250. A comment to OMB is=20
best assured of having its full effect if OMB receives it within 30=20
days of publication of this proposed rule.
    The regulations in ``Subpart-Fruit and Vegetables'' (7 CFR 319.56=20
through 319.56-47, referred to as the regulations) prohibit or restrict=20
the importation of fruits and vegetables into the United States from=20
certain parts of the world to prevent the introduction and=20
dissemination of plant pests that are new to or not widely distributed=20
within the United States. Currently, the importation of table grapes=20
(Vitis vinfera L.) from Chile into the United States is authorized=20
under Sec.  319.56-4 of the regulations.
    APHIS is proposing to amend the fruits and vegetables regulations=20
to allow fresh table grapes from Chile to be imported into the=20
continental United States under a systems approach. Currently, as a=20
condition of entry, all table grapes from Chile must be fumigated with=20
methyl bromide as a risk mitigation measure for Brevipalpus chilensis.
    Under this proposal, APHIS would allow a combination of risk-
mitigation measures, or systems approach, to be employed in lieu of=20
methyl bromide fumigation. The systems approach would provide an=20
alternative to methyl bromide while continuing to provide protection=20
against the introduction of quarantine pests into the United States.
    Allowing the importation of grapes into the United States from=20
Chile will require information collection activities such as production=20
site registration, phytosanitary certificates, and phytosanitary=20
inspection.
    We are soliciting comments from the public (as well as affected=20
agencies) concerning our proposed information collection and=20
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is=20
necessary for the proper performance of our agency's functions,=20
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the=20
proposed information collection, including the validity of the=20
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to=20
be collected; and
    (4) Minimize the burden of the information collection on those who=20
are to respond (such as through the use of appropriate automated,=20
electronic, mechanical, or other technological collection techniques or=20
other forms of information technology; e.g., permitting electronic=20
submission of responses).
    Estimate of burden: Public reporting burden for this collection of=20
information is estimated to average 0.5614754 hours per response.
    Respondents: Growers of grapes, NPPOs.
    Estimated annual number of respondents: 54.
    Estimated annual number of responses per respondent: 81.3333.
    Estimated annual number of responses: 4,392.
    Estimated total annual burden on respondents: 2,466 hours. (Due to=20
averaging, the total annual burden hours may not equal the product of=20
the annual number of responses multiplied by the reporting burden per=20
response.)
    Copies of this information collection can be obtained from Mrs.=20
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)=20
851-2908.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to=20
compliance with the E-Government Act to promote the use of the Internet=20
and other information technologies, to provide increased opportunities=20
for citizen access to Government information and services, and for=20
other purposes. For information pertinent to the E-Government Act=20
compliance related to this proposed rule, please contact Mrs. Celeste=20
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery Stock, Plant=20
diseases and pests, Quarantine, Reporting and recordkeeping=20
requirements, Rice, Vegetables.
    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues to read as=20
follows:

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21=20
U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    2. A new Sec.  319.56-49 is added to read as follows:


Sec.  319.56-49  Grapes from Chile.

    Table grapes (Vitis vinifera L.) may be imported into United States=20
from Chile only under the following conditions:
    (a) The fruit must be imported in commercial consignments and=20
accompanied by a permit issued in accordance with Sec.  319.56-3(b).
    (b) If the fruit is produced in an area of Chile where=20
Mediterranean fruit fly (Ceratitis capitata) is known to occur, the=20
fruit must be cold treated in accordance with part 305 of this chapter.=20
Fruit for which cold treatment is required must be accompanied by=20
documentation indicating that the cold treatment was initiated in Chile=20
(a PPQ Form 203 or its equivalent may be used for this purpose).
    (c) The fruit must either be produced and shipped under the systems=20
approach described in paragraph (d) of this section or fumigated in=20
accordance with paragraph (e) of this section.
    (d) Systems approach. The fruit may be imported without fumigation=20
for Brevipalpus chilensis into the continental United States (Alaska=20
and the lower 48 States) if it meets the following conditions:
    (1) Production site registration. The production site where the=20
fruit is grown must be registered with the national plant protection=20
organization (NPPO) of Chile. To register, the production site must=20
provide Chile's NPPO with the following information: Grower, exporter,=20
orchard, production site name (if this differs from the name of the=20
orchard), region, township, province, locality, area planted to each=20
variety, number of hectares/variety, and approximate date of harvest.=20
Registration must be renewed annually.
    (2) Low prevalence production site certification. Between 1 and 30=20
days prior to harvest, random samples of fruit must be collected from=20
each registered production site under the direction of Chile's NPPO.=20
These samples must undergo a pest detection and evaluation method as=20
follows: Each bunch of grapes, including fruit and rachis (spines),=20
must be washed using a flushing method, placed in a 20 mesh sieve on=20
top of a 200 mesh sieve, sprinkled with a liquid soap and water=20
solution, washed with water at high pressure, and washed with water at=20
low pressure. The process must then be repeated. The contents of the=20
200 mesh sieve must then be placed on a petri dish and analyzed for the=20
presence of live B. chilensis mites. If a single live B. chilensis mite=20
is found, the production site will not qualify for certification as a=20
low prevalence production site and will be eligible to export fruit to=20
the United States only if the fruit is fumigated in accordance with=20
paragraph (e) of this section. Each production site may have only one=20
opportunity per harvest season to qualify as a low prevalence=20
production site, and certification of low prevalence will be valid for=20
one harvest season only. The

[[Page 50582]]

NPPO of Chile will present a list of certified production sites to=20
APHIS.
    (3) Post-harvest processing. After harvest, all damaged or diseased=20
fruits must be culled at the packinghouse, and the remaining fruit must=20
be packed into new, clean boxes, crates, or other APHIS-approved=20
packing containers for fumigation with methyl bromide in accordance=20
with paragraph (e) of this section, should such fumigation become=20
necessary.
    (4) Phytosanitary inspection. The fruit must be inspected in Chile=20
at an APHIS-approved inspection site under the direction of APHIS=20
inspectors in coordination with the NPPO of Chile after the post-
harvest processing. A biometric sample must be drawn and examined from=20
each consignment. Grapes in any consignment may be shipped to the=20
continental United States only if the consignment passes inspection as=20
follows:
    (i) Fruit presented for inspection must be identified in the=20
shipping documents accompanying each lot of fruit to specify the=20
production site(s) in which the fruit was produced and the packing=20
shed(s) in which the fruit was processed. This identification must be=20
maintained until the fruit is released for entry into the United=20
States.
    (ii) A biometric sample of boxes, crates, or other APHIS-approved=20
packing containers from each consignment will be selected and the fruit=20
from these boxes, crates, or other APHIS-approved packing containers=20
will be visually inspected for quarantine pests, and a portion of the=20
fruit will be washed with soapy water and the collected filtrate will=20
be microscopically examined for B. chilensis. If a single live B.=20
chilensis mite is found, the fruit will be eligible for importation=20
into the United States only if it has been fumigated in Chile in=20
accordance with paragraph (e) of this section. The production site will=20
be suspended from the low prevalence certification program and all=20
subsequent lots of fruit from the production site of origin will be=20
required to be fumigated in order to be eligible for entry into the=20
United States for the remainder of the shipping season.
    (5) Phytosanitary certificates. Each consignment of grapes must be=20
accompanied by a phytosanitary certificate issued by the NPPO of Chile=20
that contains an additional declaration stating that the grapes in the=20
consignment meet the conditions of Sec.  319.56-49.
    (e) Approved fumigation. Grapes that do not meet the conditions of=20
paragraph (d) of this section may be imported into the United States if=20
the fruit is fumigated either in Chile or at the port of first arrival=20
to the United States with methyl bromide for B. chilensis in accordance=20
with part 305 of this chapter. An APHIS inspector will monitor the=20
fumigation of the fruit and will prescribe such safeguards as may be=20
necessary for unloading, handling, and transportation prior to=20
fumigation. The final release of the fruit for entry into the United=20
States will be conditioned upon compliance with prescribed safeguards=20
and required treatments.
    (f) Trust fund agreement. Grapes may be imported into the United=20
States under this section only if the NPPO of Chile or a private export=20
group has entered into a trust fund agreement with APHIS in accordance=20
with Sec.  319.56-6.

    Done in Washington, DC, this 22nd day of August 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-19875 Filed 8-26-08; 8:45 am]

BILLING CODE 3410-34-P