80_FR_55919 80 FR 55739 - Importation of Kiwi From Chile Into the United States

80 FR 55739 - Importation of Kiwi From Chile Into the United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 180 (September 17, 2015)

Page Range55739-55741
FR Document2015-23383

We are amending the fruits and vegetables regulations to list kiwi (Actinidia deliciosa and Actinidia chinensis) from Chile as eligible for importation into the United States subject to a systems approach. Under this systems approach, the fruit will have to be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of Brevipalpus chilensis. The fruit will have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit will have to be inspected in Chile at an approved inspection site. Each consignment of fruit will have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This rule allows for the safe importation of kiwi from Chile using mitigation measures other than fumigation with methyl bromide.

Federal Register, Volume 80 Issue 180 (Thursday, September 17, 2015)
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Rules and Regulations]
[Pages 55739-55741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23383]


=======================================================================
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0002]
RIN 0579-AD98


Importation of Kiwi From Chile Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the fruits and vegetables regulations to list 
kiwi (Actinidia deliciosa and Actinidia chinensis) from Chile as 
eligible for importation into the United States subject to a systems 
approach. Under this systems approach, the fruit will have to be grown 
in a place of production that is registered with the Government of 
Chile and certified as having a low prevalence of Brevipalpus 
chilensis. The fruit will have to undergo pre-harvest sampling at the 
registered production site. Following post-harvest processing, the 
fruit will have to be inspected in Chile at an approved inspection 
site. Each consignment of fruit will have to be accompanied by a 
phytosanitary certificate with an additional declaration stating that 
the fruit had been found free of Brevipalpus chilensis based on field 
and packinghouse inspections. This rule allows for the safe importation 
of kiwi from Chile using mitigation measures other than fumigation with 
methyl bromide.

DATES: Effective October 19, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
851-2352.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-73, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture prohibits or restricts the importation of 
fruits and vegetables into the United States from certain parts of the 
world to prevent plant pests from being introduced into and spread 
within the United States.
    On October 16, 2014, we published in the Federal Register (79 FR 
62055-62058, Docket No. APHIS-2014-0002) a proposal \1\ to amend the 
regulations by listing kiwi (Actinidia deliciosa and Actinidia 
chinensis) from Chile as eligible for importation into the United 
States under the same systems approach as baby kiwi from Chile, which 
are eligible for importation under the conditions in Sec.  319.56-53. 
We also prepared a commodity import evaluation document (CIED) titled 
``Importation of Fresh Fruits of Kiwi (Actinidia deliciosa and 
Actinidia chinensis) from Chile into the United

[[Page 55740]]

States.'' The CIED assesses the risks associated with the importation 
of kiwi from Chile into the United States under the listed 
phytosanitary measures.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0002.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
December 15, 2014. We received seven comments by that date. They were 
from private citizens, a fruit exporter, an industry group, and 
representatives of State and foreign governments. Four of the comments 
were supportive. Three commenters expressed concerns regarding aspects 
of the proposed rule. Those concerns are discussed below.
    In the proposed rule, we proposed that a random sample of kiwi 
would have to be washed using a flushing method, placed in a 20-mesh 
sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and 
water solution, washed with water at high pressure, and washed with 
water at low pressure. The washing process would then have to be 
repeated immediately after the first washing. The contents of the 200-
mesh sieve would then be placed on a petri dish and analyzed for the 
presence of live Brevipalpus chilensis mites. This mite sampling method 
is identical to the method currently in use for baby kiwi production 
areas in Chile and has been found to be successful in identifying 
production areas within Chile with high and low populations of mites.
    One commenter stated that the washing process should be expanded to 
include all fruit in a shipment.
    The washing process is used as a way to sample for the presence of 
B. chilensis in order to confirm the low prevalence of B. chilensis in 
certified production areas within Chile. It is not intended as a 
phytosanitary measure.
    Two commenters recommended that 270 mesh be used in place of 200 
mesh for sampling at the port of entry because they stated that 200 
mesh may not be fine enough to detect immature stages of B. chilensis.
    Fruit has been imported from Chile since 1997 using a systems 
approach based on sampling for mites using a 200 mesh screen. Any eggs 
or nymphs found using a finer mesh sieve cannot be identified to 
species. This systems approach is based on low prevalence for adult 
mites, not pest freedom. If even one adult B. chilensis mite is found 
in a shipment, it is enough to disqualify a place of production from 
the export program. APHIS has successfully used this approach for 18 
years for determining areas of low prevalence for a number of Chilean 
fruits.
    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 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. 
Production, consumption, and trade of kiwi by the United States have 
been expanding and are expected to continue to increase, as shown in 
table 1. Over the 5 years from 2008 through 2012, U.S. kiwi production 
and imports expanded by about 29 percent and 24 percent, respectively, 
and U.S. exports by 48 percent. U.S. consumption of kiwi grew by about 
23 percent over this same period.
    The United States is dependent on imports for the major share of 
its kiwi supply. In 2012, nearly four of every five kiwis consumed were 
imported. Chile is the principal foreign source, supplying one-half of 
the kiwis imported by the United States in 2012, up from approximately 
one-third of U.S. kiwi imports in 2008. Chile is expected to continue 
to dominate the supply of kiwi to the United States in the near term. 
Under this rule, Chile's kiwi exporters will have the option of using 
the systems approach rather than relying on fumigation with methyl 
bromide to meet import requirements.
    Although the United States is a net importer of kiwi, the 
percentage increase in U.S. kiwi exports between 2008 and 2012 was 
twice the percentage increase in U.S. kiwi imports; U.S. producers are 
actively expanding their sales to other countries. We also note that 
kiwi imports from Chile are largely counter-seasonal to kiwi sales by 
domestic producers. California produces 98 percent the kiwis grown in 
the United States, and the California season runs October through 
May.\2\ Kiwi from Chile is predominantly imported during the spring and 
summer months. Ninety-four percent of Chilean kiwi imported in 2012 
arrived between April and September.\3\
---------------------------------------------------------------------------

    \2\ California Kiwifruit Commission, http://www.kiwifruit.org/about/availability.aspx.
    \3\ Based on U.S. Census data, as reported by Global Trade 
Information Services, Inc.

  Table 1--U.S. Kiwi Production, Imports, Exports, and Consumption, and Kiwi Imports From Chile, 2008 and 2012,
                                                   Metric Tons
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                                                                       2008          2012 \1\      increase over
                                                                                                      5 years
----------------------------------------------------------------------------------------------------------------
U.S. Production.................................................          20,865          26,853            28.7
U.S. Imports....................................................          50,322          62,372            23.9
U.S. Exports....................................................           6,883          10,204            48.2
U.S. Consumption \2\............................................          64,304          79,021            22.9
U.S. Imports from Chile.........................................          17,248          31,668            83.6
Chile's Share of Imports........................................           34.3%           50.8%  ..............
Imports from Chile as a Percentage of U.S. Consumption..........           26.8%           40.1%  ..............
----------------------------------------------------------------------------------------------------------------
Sources: For U.S. production, the U.N. Food and Agriculture Organization; for U.S. imports and exports, the U.S.
  Census Bureau, as reported by Global Trade Information Services, Inc.
\1\ U.S. kiwi production data for 2012 are the most recently reported.
\2\ U.S. consumption calculated as production plus imports minus exports.

    Although kiwi production in the United States is expanding, it 
remains a relatively small agricultural industry, with fewer than 300 
growers whose farms average about 13 acres. Nevertheless, it is a 
vibrant industry with an expanding export market. This fact, together 
with the counter-seasonality of kiwi imports from Chile, suggests that 
the economic impact of the rule for U.S. small entities will be minor.

[[Page 55741]]

    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 kiwi to be imported into the United States 
from Chile. State and local laws and regulations regarding kiwi 
imported under this rule will be preempted while the fruit is in 
foreign commerce. Fresh fruits 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 case-by-
case 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.

Paperwork Reduction Act

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Lists of Subjects in 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 part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

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


0
2. Section 319.56-53 is amended as follows:
0
a. By revising the section heading;
0
b. By revising the introductory paragraph;
0
c. By redesignating paragraphs (a), (b), (c), (d), and (e) as 
paragraphs (b), (c), (d), (e), and (f), respectively, and adding a new 
paragraph (a);
0
d. By revising the first and second sentences after the heading of 
newly designated paragraph (b);
0
e. By revising the third sentence after the heading of newly designated 
paragraph (e), introductory text; and
0
f. By revising newly designated paragraph (f).
    The revisions and addition read as follows:


Sec.  319.56-53  Fresh kiwi and baby kiwi from Chile.

    Fresh kiwi (Actinidia deliciosa and Actinidia chinensis) may be 
imported into the United States from Chile, and fresh baby kiwi 
(Actinidia arguta) may be imported into the continental United States 
from Chile under the following conditions:
    (a) The national plant protection organization (NPPO) of Chile must 
provide a workplan to APHIS that details the activities that the NPPO 
of Chile will, subject to APHIS' approval of the workplan, carry out to 
meet the requirements of this section.
    (b) * * * The production site where the fruit is grown must be 
registered with the NPPO of Chile. Harvested kiwi and baby kiwi must be 
placed in field cartons or containers that are marked to show the 
official registration number of the production site. * * *
* * * * *
    (e) * * * Kiwi in any consignment may be shipped to the United 
States, and baby kiwi in any consignment may be shipped to the 
continental United States, under the conditions of this section only if 
the consignment passes inspection as follows:
* * * * *
    (f) Phytosanitary certificate. Each consignment of fresh kiwi and 
fresh baby kiwi must be accompanied by a phytosanitary certificate 
issued by the NPPO of Chile that contains an additional declaration 
stating that the fruit in the consignment was inspected and found free 
of Brevipalpus chilensis and was grown, packed, and shipped in 
accordance with the requirements of 7 CFR 319.56-53.
* * * * *

    Done in Washington, DC, this 11th day of September 2015.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-23383 Filed 9-16-15; 8:45 am]
BILLING CODE 3410-34-P



                                                             Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations                                           55739

                                            assistance under Medicaid or a State                        (b) Within 60 days after you have a                (Actinidia deliciosa and Actinidia
                                            Children’s Health Insurance Program                      qualifying life event. A decrease in                  chinensis) from Chile as eligible for
                                            (CHIP). An eligible employee may enroll                  enrollment type made because of a                     importation into the United States
                                            and an enrolled employee may decrease                    qualifying life event takes effect on the             subject to a systems approach. Under
                                            or increase enrollment type, change                      first day of the first pay period that                this systems approach, the fruit will
                                            from one plan or option to another, or                   begins after the date your employing                  have to be grown in a place of
                                            make any combination of these changes                    office receives your appropriate request.             production that is registered with the
                                            when the employee or an eligible family                  Your change in enrollment must be                     Government of Chile and certified as
                                            member of the employee becomes                           consistent with and correspond to your                having a low prevalence of Brevipalpus
                                            eligible for premium assistance under a                  qualifying life event. For example, if                chilensis. The fruit will have to undergo
                                            Medicaid plan or a State Children’s                      you get divorced and have no                          pre-harvest sampling at the registered
                                            Health Insurance Program. An employee                    dependent children, changing to self                  production site. Following post-harvest
                                            must enroll or change his or her                         only would be consistent with that                    processing, the fruit will have to be
                                            enrollment within 60 days after the date                 qualifying life event. As another                     inspected in Chile at an approved
                                            the employee or family member is                         example, if both you and your spouse                  inspection site. Each consignment of
                                            determined to be eligible for assistance.                are Federal employees, and your                       fruit will have to be accompanied by a
                                            ■ 21. Amend § 892.207 by revising                        youngest dependent turns age 26,                      phytosanitary certificate with an
                                            paragraph (b) and adding paragraph (d)                   changing from a self and family to a self             additional declaration stating that the
                                            to read as follows:                                      plus one or two self only enrollments                 fruit had been found free of Brevipalpus
                                                                                                     would be consistent and appropriate for               chilensis based on field and
                                            § 892.207 Can I make changes to my FEHB                                                                        packinghouse inspections. This rule
                                                                                                     that event.
                                            enrollment while I am participating in                                                                         allows for the safe importation of kiwi
                                            premium conversion?
                                                                                                        (c) If you are subject to a court or
                                                                                                     administrative order as discussed in                  from Chile using mitigation measures
                                            *      *    *     *      *                               § 890.301(g)(3), you may not decrease                 other than fumigation with methyl
                                               (b) However, if you are participating                                                                       bromide.
                                                                                                     enrollment type in a way that eliminates
                                            in premium conversion there are two
                                                                                                     coverage of a child identified in the                 DATES: Effective October 19, 2015.
                                            exceptions: You must have a qualifying
                                                                                                     order as long as the court or                         FOR FURTHER INFORMATION CONTACT: Ms.
                                            life event to decrease enrollment type,
                                                                                                     administrative order is still in effect and           Claudia Ferguson, Senior Regulatory
                                            switch a covered family member, or to
                                                                                                     you have at least one child identified in             Policy Specialist, Regulatory
                                            cancel FEHB coverage entirely. (See
                                                                                                     the order who is still eligible under the             Coordination and Compliance, PPQ,
                                            §§ 892.209 and 892.210.) Your change in
                                                                                                     FEHB Program, unless you provide                      APHIS, 4700 River Road Unit 133,
                                            enrollment must be consistent with and
                                                                                                     documentation to your agency that you                 Riverdale, MD 20737–1236; (301) 851–
                                            correspond to your qualifying life event
                                                                                                     have other coverage for your child or                 2352.
                                            as described in § 892.101. These
                                                                                                     children. See also §§ 892.207 and                     SUPPLEMENTARY INFORMATION:
                                            limitations apply only to changes you
                                                                                                     892.209. If you are subject to a court or
                                            may wish to make outside open season.                                                                          Background
                                                                                                     administrative order as discussed in
                                            *      *    *     *      *                               § 890.301(g)(3), you may not change                      Under the regulations in ‘‘Subpart-
                                               (d) During the first plan year in which               your enrollment to self plus one as long              Fruits and Vegetables’’ (7 CFR 319.56–
                                            the self plus one enrollment type is                     as the court or administrative order is               1 through 319.56–73, referred to below
                                            available, OPM will administer a                         still in effect and you have more than                as the regulations), the Animal and
                                            limited enrollment period for enrollees                  one child identified in the order who is              Plant Health Inspection Service (APHIS)
                                            who participate in premium conversion.                   still eligible under the FEHB Program,                of the U.S. Department of Agriculture
                                            During this limited enrollment period,                   unless you provide documentation to                   prohibits or restricts the importation of
                                            enrollees who participate in premium                     your agency that you have other                       fruits and vegetables into the United
                                            conversion will be allowed to decrease                   coverage for your children. See also                  States from certain parts of the world to
                                            enrollment from self and family to self                  §§ 892.207 and 892.209.                               prevent plant pests from being
                                            plus one during a time period                                                                                  introduced into and spread within the
                                                                                                     [FR Doc. 2015–23348 Filed 9–16–15; 8:45 am]
                                            determined by OPM. No other changes,                                                                           United States.
                                                                                                     BILLING CODE 6325–63–P
                                            including changes in plan or plan                                                                                 On October 16, 2014, we published in
                                            option or increases in enrollment, will                                                                        the Federal Register (79 FR 62055–
                                            be allowed. Enrollments will be                                                                                62058, Docket No. APHIS–2014–0002) a
                                            effective on the first day of the first pay              DEPARTMENT OF AGRICULTURE
                                                                                                                                                           proposal 1 to amend the regulations by
                                            period following the one in which the                                                                          listing kiwi (Actinidia deliciosa and
                                            appropriate request is received by the                   Animal and Plant Health Inspection
                                                                                                     Service                                               Actinidia chinensis) from Chile as
                                            employing office.                                                                                              eligible for importation into the United
                                            ■ 22. Revise § 892.208 to read as                                                                              States under the same systems approach
                                                                                                     7 CFR Part 319
                                            follows:                                                                                                       as baby kiwi from Chile, which are
                                                                                                     [Docket No. APHIS–2014–0002]                          eligible for importation under the
                                            § 892.208 Can I decrease my enrollment
                                            type at any time?                                        RIN 0579–AD98                                         conditions in § 319.56–53. We also
                                               If you are participating in premium                                                                         prepared a commodity import
                                                                                                     Importation of Kiwi From Chile Into the               evaluation document (CIED) titled
                                            conversion you may decrease your
                                                                                                     United States                                         ‘‘Importation of Fresh Fruits of Kiwi
                                            FEHB enrollment type under either of
tkelley on DSK3SPTVN1PROD with RULES




                                            the following circumstances:                                                                                   (Actinidia deliciosa and Actinidia
                                                                                                     AGENCY:  Animal and Plant Health
                                               (a) During the annual open season. A                                                                        chinensis) from Chile into the United
                                                                                                     Inspection Service, USDA.
                                            decrease in enrollment type made                         ACTION: Final rule.                                     1 To view the proposed rule, supporting
                                            during the annual open season takes                                                                            documents, and the comments we received, go to
                                            effect on the 1st day of the first pay                   SUMMARY:  We are amending the fruits                  http://www.regulations.gov/
                                            period that begins in the next year.                     and vegetables regulations to list kiwi               #!docketDetail;D=APHIS-2014-0002.



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                                            55740               Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations

                                            States.’’ The CIED assesses the risks                                     production areas within Chile. It is not                               shown in table 1. Over the 5 years from
                                            associated with the importation of kiwi                                   intended as a phytosanitary measure.                                   2008 through 2012, U.S. kiwi
                                            from Chile into the United States under                                      Two commenters recommended that                                     production and imports expanded by
                                            the listed phytosanitary measures.                                        270 mesh be used in place of 200 mesh                                  about 29 percent and 24 percent,
                                               We solicited comments concerning                                       for sampling at the port of entry because                              respectively, and U.S. exports by 48
                                            our proposal for 60 days ending                                           they stated that 200 mesh may not be                                   percent. U.S. consumption of kiwi grew
                                            December 15, 2014. We received seven                                      fine enough to detect immature stages of                               by about 23 percent over this same
                                            comments by that date. They were from                                     B. chilensis.                                                          period.
                                            private citizens, a fruit exporter, an                                       Fruit has been imported from Chile                                     The United States is dependent on
                                            industry group, and representatives of                                    since 1997 using a systems approach                                    imports for the major share of its kiwi
                                            State and foreign governments. Four of                                    based on sampling for mites using a 200                                supply. In 2012, nearly four of every
                                            the comments were supportive. Three                                       mesh screen. Any eggs or nymphs found                                  five kiwis consumed were imported.
                                            commenters expressed concerns                                             using a finer mesh sieve cannot be                                     Chile is the principal foreign source,
                                            regarding aspects of the proposed rule.                                   identified to species. This systems                                    supplying one-half of the kiwis
                                            Those concerns are discussed below.                                       approach is based on low prevalence for                                imported by the United States in 2012,
                                               In the proposed rule, we proposed                                      adult mites, not pest freedom. If even                                 up from approximately one-third of U.S.
                                            that a random sample of kiwi would                                        one adult B. chilensis mite is found in                                kiwi imports in 2008. Chile is expected
                                            have to be washed using a flushing                                        a shipment, it is enough to disqualify a                               to continue to dominate the supply of
                                            method, placed in a 20-mesh sieve on                                      place of production from the export                                    kiwi to the United States in the near
                                            top of a 200-mesh sieve, sprinkled with                                   program. APHIS has successfully used                                   term. Under this rule, Chile’s kiwi
                                            a liquid soap and water solution,                                         this approach for 18 years for                                         exporters will have the option of using
                                            washed with water at high pressure, and                                   determining areas of low prevalence for                                the systems approach rather than
                                            washed with water at low pressure. The                                    a number of Chilean fruits.                                            relying on fumigation with methyl
                                            washing process would then have to be                                        Therefore, for the reasons given in the                             bromide to meet import requirements.
                                            repeated immediately after the first                                      proposed rule and in this document, we                                    Although the United States is a net
                                            washing. The contents of the 200-mesh                                     are adopting the proposed rule as a final                              importer of kiwi, the percentage
                                            sieve would then be placed on a petri                                     rule, without change.                                                  increase in U.S. kiwi exports between
                                            dish and analyzed for the presence of                                                                                                            2008 and 2012 was twice the percentage
                                            live Brevipalpus chilensis mites. This                                    Executive Order 12866 and Regulatory                                   increase in U.S. kiwi imports; U.S.
                                            mite sampling method is identical to the                                  Flexibility Act                                                        producers are actively expanding their
                                            method currently in use for baby kiwi                                       This final rule has been determined to                               sales to other countries. We also note
                                            production areas in Chile and has been                                    be not significant for the purposes of                                 that kiwi imports from Chile are largely
                                            found to be successful in identifying                                     Executive Order 12866 and, therefore,                                  counter-seasonal to kiwi sales by
                                            production areas within Chile with high                                   has not been reviewed by the Office of                                 domestic producers. California produces
                                            and low populations of mites.                                             Management and Budget.                                                 98 percent the kiwis grown in the
                                               One commenter stated that the                                            In accordance with the Regulatory                                    United States, and the California season
                                            washing process should be expanded to                                     Flexibility Act, we have analyzed the                                  runs October through May.2 Kiwi from
                                            include all fruit in a shipment.                                          potential economic effects of this action                              Chile is predominantly imported during
                                               The washing process is used as a way                                   on small entities. Production,                                         the spring and summer months. Ninety-
                                            to sample for the presence of B.                                          consumption, and trade of kiwi by the                                  four percent of Chilean kiwi imported in
                                            chilensis in order to confirm the low                                     United States have been expanding and                                  2012 arrived between April and
                                            prevalence of B. chilensis in certified                                   are expected to continue to increase, as                               September.3

                                              TABLE 1—U.S. KIWI PRODUCTION, IMPORTS, EXPORTS, AND CONSUMPTION, AND KIWI IMPORTS FROM CHILE, 2008 AND
                                                                                        2012, METRIC TONS
                                                                                                                                                                                                                            Percentage
                                                                                                                                                                                              2008            2012 1       increase over
                                                                                                                                                                                                                              5 years

                                            U.S. Production ............................................................................................................................         20,865          26,853                    28.7
                                            U.S. Imports .................................................................................................................................       50,322          62,372                    23.9
                                            U.S. Exports .................................................................................................................................        6,883          10,204                    48.2
                                            U.S. Consumption 2 .....................................................................................................................             64,304          79,021                    22.9
                                            U.S. Imports from Chile ...............................................................................................................              17,248          31,668                    83.6
                                            Chile’s Share of Imports ..............................................................................................................              34.3%           50.8%    ........................
                                            Imports from Chile as a Percentage of U.S. Consumption .........................................................                                     26.8%           40.1%    ........................
                                              Sources: For U.S. production, the U.N. Food and Agriculture Organization; for U.S. imports and exports, the U.S. Census Bureau, as reported
                                            by Global Trade Information Services, Inc.
                                              1 U.S. kiwi production data for 2012 are the most recently reported.
                                              2 U.S. consumption calculated as production plus imports minus exports.




                                              Although kiwi production in the                                         farms average about 13 acres.                                          seasonality of kiwi imports from Chile,
tkelley on DSK3SPTVN1PROD with RULES




                                            United States is expanding, it remains a                                  Nevertheless, it is a vibrant industry                                 suggests that the economic impact of the
                                            relatively small agricultural industry,                                   with an expanding export market. This                                  rule for U.S. small entities will be
                                            with fewer than 300 growers whose                                         fact, together with the counter-                                       minor.

                                             2 California Kiwifruit Commission, http://                                 3 Based on U.S. Census data, as reported by

                                            www.kiwifruit.org/about/availability.aspx.                                Global Trade Information Services, Inc.



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                                                             Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations                                         55741

                                               Under these circumstances, the                          The revisions and addition read as                   DEPARTMENT OF TRANSPORTATION
                                            Administrator of the Animal and Plant                    follows:
                                            Health Inspection Service has                                                                                   Federal Aviation Administration
                                            determined that this action will not                     § 319.56–53       Fresh kiwi and baby kiwi from
                                            have a significant economic impact on                    Chile.                                                 14 CFR Part 71
                                            a substantial number of small entities.                     Fresh kiwi (Actinidia deliciosa and
                                            Executive Order 12988                                    Actinidia chinensis) may be imported                   [Docket No. FAA–2015–1623; Airspace
                                                                                                     into the United States from Chile, and                 Docket No. 15–AWP–10]
                                              This final rule allows kiwi to be                      fresh baby kiwi (Actinidia arguta) may
                                            imported into the United States from                                                                            Amendment of Class E Airspace;
                                                                                                     be imported into the continental United
                                            Chile. State and local laws and                                                                                 Tracy, CA
                                                                                                     States from Chile under the following
                                            regulations regarding kiwi imported
                                                                                                     conditions:                                            AGENCY:Federal Aviation
                                            under this rule will be preempted while
                                            the fruit is in foreign commerce. Fresh                     (a) The national plant protection                   Administration (FAA), DOT.
                                            fruits are generally imported for                        organization (NPPO) of Chile must                      ACTION:   Final rule, correction.
                                            immediate distribution and sale to the                   provide a workplan to APHIS that
                                            consuming public, and remain in                          details the activities that the NPPO of                SUMMARY:    This action corrects an error
                                            foreign commerce until sold to the                       Chile will, subject to APHIS’ approval of              in a final rule published in the Federal
                                            ultimate consumer. The question of                       the workplan, carry out to meet the                    Register of August 31, 2015, by
                                            when foreign commerce ceases in other                    requirements of this section.                          amending the geographic coordinates of
                                            cases must be addressed on a case-by-                       (b) * * * The production site where                 Tracy Municipal Airport, Tracy, CA, in
                                            case basis. No retroactive effect will be                                                                       Class E airspace. This does not affect the
                                                                                                     the fruit is grown must be registered
                                            given to this rule, and this rule will not                                                                      boundaries or operating requirements of
                                                                                                     with the NPPO of Chile. Harvested kiwi
                                            require administrative proceedings                                                                              the airspace.
                                                                                                     and baby kiwi must be placed in field
                                            before parties may file suit in court                                                                           DATES: Effective 0901 UTC, October 15,
                                            challenging this rule.                                   cartons or containers that are marked to
                                                                                                     show the official registration number of               2015. The Director of the Federal
                                            Paperwork Reduction Act                                  the production site. * * *                             Register approves this incorporation by
                                                                                                                                                            reference action under title 1, Code of
                                               This final rule contains no new                       *      *     *    *      *                             Federal Regulations, part 51, subject to
                                            information collection or recordkeeping                     (e) * * * Kiwi in any consignment                   the annual revision of FAA Order
                                            requirements under the Paperwork                         may be shipped to the United States,                   7400.9 and publication of conforming
                                            Reduction Act of 1995 (44 U.S.C. 3501                    and baby kiwi in any consignment may                   amendments.
                                            et seq.).
                                                                                                     be shipped to the continental United
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                            Lists of Subjects in 7 CFR Part 319                      States, under the conditions of this
                                                                                                                                                            Steve Haga, Federal Aviation
                                              Coffee, Cotton, Fruits, Imports, Logs,                 section only if the consignment passes
                                                                                                                                                            Administration, Operations Support
                                            Nursery stock, Plant diseases and pests,                 inspection as follows:                                 Group, Western Service Center, 1601
                                            Quarantine, Reporting and                                *      *     *    *      *                             Lind Avenue SW., Renton, WA, 98057;
                                            recordkeeping requirements, Rice,                           (f) Phytosanitary certificate. Each                 Telephone: (425) 203–4563.
                                            Vegetables.                                              consignment of fresh kiwi and fresh                    SUPPLEMENTARY INFORMATION:
                                              Accordingly, we are amending 7 CFR                     baby kiwi must be accompanied by a
                                            part 319 as follows:                                     phytosanitary certificate issued by the                History
                                                                                                     NPPO of Chile that contains an                           The FAA published a final rule, in the
                                            PART 319—FOREIGN QUARANTINE
                                                                                                     additional declaration stating that the                Federal Register, amending Class E
                                            NOTICES
                                                                                                     fruit in the consignment was inspected                 airspace extending upward from 700
                                            ■ 1. The authority citation for part 319                 and found free of Brevipalpus chilensis                feet above the surface at Tracy
                                            continues to read as follows:                            and was grown, packed, and shipped in                  Municipal Airport, Tracy, CA (80 FR
                                                                                                     accordance with the requirements of 7                  52392 August 31, 2015). Subsequent to
                                              Authority: 7 U.S.C. 450, 7701–7772, and
                                            7781–7786; 21 U.S.C. 136 and 136a; 7 CFR                 CFR 319.56–53.                                         publication the FAA identified an error
                                            2.22, 2.80, and 371.3.                                   *      *     *    *      *                             in the longitudinal coordinate of the
                                                                                                                                                            airport reference point for Tracy
                                            ■ 2. Section 319.56–53 is amended as                       Done in Washington, DC, this 11th day of             Municipal Airport. This action corrects
                                            follows:                                                 September 2015.                                        the error.
                                            ■ a. By revising the section heading;                    Michael C. Gregoire,
                                            ■ b. By revising the introductory
                                                                                                                                                            Correction to Final Rule
                                                                                                     Acting Administrator, Animal and Plant
                                            paragraph;                                               Health Inspection Service.                                Accordingly, pursuant to the
                                            ■ c. By redesignating paragraphs (a), (b),               [FR Doc. 2015–23383 Filed 9–16–15; 8:45 am]            authority delegated to me, in the
                                            (c), (d), and (e) as paragraphs (b), (c), (d),           BILLING CODE 3410–34–P                                 Federal Register of August 31, 2015 (80
                                            (e), and (f), respectively, and adding a                                                                        FR 52392) FR Doc. 2015–21414, the
                                            new paragraph (a);                                                                                              longitude coordinate in the regulatory
                                            ■ d. By revising the first and second                                                                           text on page 52393, column 2, line 10,
                                            sentences after the heading of newly                                                                            is corrected as follows:
tkelley on DSK3SPTVN1PROD with RULES




                                            designated paragraph (b);
                                            ■ e. By revising the third sentence after                                                                       § 71.1   [Amended]
                                            the heading of newly designated                                                                                 AWP CA E5         Tracy, CA (Corrected)
                                            paragraph (e), introductory text; and
                                            ■ f. By revising newly designated                                                                               ■ Remove ‘‘long. 121°26′31″ W.’’ and
                                            paragraph (f).                                                                                                  add in its place ‘‘long. 121°26′30″ W.’’


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Document Created: 2015-12-15 09:33:42
Document Modified: 2015-12-15 09:33:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective October 19, 2015.
ContactMs. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 851-2352.
FR Citation80 FR 55739 
RIN Number0579-AD98
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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