Comment from Peter Kopke, William H. Kopke Jr. Inc.

Docket No. APHIS-2007-0152 Regulatory Analysis and Development PPD APHIS, Station 3A-03.8 4700 River Road Unit 118 Riverdale, MD 20737-1238 Re: Docket No. APHIS-2007-0152 Importation of Grapes from Chile Under a Systems Approach Dear Sir/Madam: For many reasons, we are in favor of the proposed rule to allow a systems approach as an alternative to methyl bromide fumigation for the entry of table grapes from Chile. In particular, fumigation with methyl bromide raises costs, decreases product quality, causes congestion in the ports, and is against the spirit of the Montreal Protocol, signed by President Reagan in 1988. Currently Chilean grapes are fumigated at arrival at the port in the United States. Cargo that requires fumigation must be physically segregated from cargo that does not require fumigation. USDA personnel must be present to oversee the fumigation. The fumigant itself must be obtained and administered in the correct dosage. All of these activities have a monetary cost which is ultimately borne by the consumer. While a systems approach will have a cost in increased paperwork and inspections at origin, it is likely that these costs will be less than the costs required by the current rule. In addition to the monetary cost, fumigation causes decreased shelflife for the grapes. This is due to the breaking of the cold chain that is required to bring the fruit to a temperature at which the fumigation can proceed. This leads to decreased consumer satisfaction, and therefore is detrimental to the industry as a whole. The systems approach should lead to better product reaching consumers, which will lead to more repeat purchases and greater demand. This will be beneficial to all of the businesses that are directly or indirectly connected with the table grape business, such as stevedores, truckers, cold storages, importers, and retailers. Physical segregation of product requiring fumigation on the pier, and the requirement that piers be inactive during fumigation, lead to congestion in the ports. Delays at the ports add costs into the system, and in particular have a financial impact on the firms involved in the distribution of the grapes. Delays at the ports also decrease product quality, as pier discharge sheds generally do not maintain optimal temperatures for holding fresh grapes. President Reagan signed the The Montreal Protocol, which, as amended, bans the use of methyl bromide except in specific situations. In particular methyl bromide may still be used for phytosanitary purposes, to protect the U.S. from foreign pests. However, when an effective alternative preventive measure is available, it behooves the U.S. to remove the requirement for methyl bromide fumigation. The systems approach is one such effective alternative preventive measure. Very truly yours, William H. Kopke Jr. Inc.