[Federal Register: September 21, 2006 (Volume 71, Number 183)]
[Rules and Regulations]
[Page 55087-55090]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se06-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 55087]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 305 and 319
[Docket No. APHIS-2006-0025]
Importation of Table Grapes From Namibia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation into the United States of fresh table grapes from
Namibia under certain conditions. As a condition of entry, the grapes
must undergo cold treatment and fumigation with methyl bromide and must
be accompanied by a phytosanitary certificate with an additional
declaration stating that the commodity has been inspected and found
free of the specified pests. In addition, the grapes will also be
subject to inspection at the port of first arrival. This action allows
for the importation of grapes from Namibia into the United States while
continuing to provide protection against the introduction of quarantine
pests.
DATES: Effective Date: October 23, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist,
Commodity Import Analysis and Operations, Plant Health Programs, PPQ,
APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 734-
8758.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56
through 319.56-8, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
On June 26, 2006, we published in the Federal Register (71 FR
36221-36225, Docket No. APHIS-2006-0025) a proposal \1\ to amend the
fruits and vegetables regulations to allow the importation of fresh
table grapes, in commercial shipments only, from Namibia into the
United States under certain conditions. As a condition of entry, we
proposed that the grapes would be subject to a combined treatment of
cold treatment in accordance with schedule T107-e and methyl bromide
fumigation in accordance with schedule T104-a-1. In addition, because
the cold and methyl bromide treatments would not effectively mitigate
the pest risk posed by the mealybugs Maconellicoccus hirsutus,
Nipaecoccus vastator, and Rastrococcus iceryoides or the mollusks
Cochlicella ventricosa and Theba pisana, we proposed that the National
Plant Protection Organization of Namibia would be required to conduct
phytosanitary inspections for those pests and that each shipment of
grapes would have to be accompanied by a phytosanitary certificate
bearing the additional declaration: ``The grapes in this shipment have
been inspected and found free of Maconellicoccus hirsutus, Nipaecoccus
vastator, Rastrococcus iceryoides, Cochlicella ventricosa and Theba
pisana.''
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\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov, click on the ``Advanced Search'' tab,
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2006-0025, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
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We solicited comments concerning our proposal for 60 days ending
August 25, 2006. We received two comments by that date. The first
comment was from a producer who was in favor of the importation of
table grapes from Namibia. The second comment was from an industry
group that expressed concern that the pest Scirtothrips dorsalis was
not included in the preamble of the proposed rule on the list of pests
that can be addressed by methyl bromide treatment. This was an
inadvertent omission; the risks associated with Scirtothrips dorsalis
were addressed within the pest risk assessment and risk mitigation
documents associated with the proposed rule and the pest was cited
specifically in the regulatory text of proposed Sec. 319.56-2ss(b) as
a pest for which treatment is required.
The commenter also expressed concern that Namibian table grapes
would be shipped into the United States during a time period when they
would be in direct competition with domestic table grapes (October and
November) and that the economic analysis provided in the proposed rule
focused too much on grapes intended for processed utilization (i.e.,
wine, juice, or raisins) rather than on grapes grown for the fresh
market. Therefore, the commenter disagreed that the competitive impact
of Namibian table grapes on domestic producers would be minimal. As
stated in the proposed rule, grapes in Namibia mature in November,
however, given that the grapes will be transported to the United States
by cargo ship with a transit time of approximately 4 weeks, most grape
shipments from Namibia would arrive from mid to late December until the
end of January, well after peak harvest for domestic table grapes. The
economic analysis in this final rule has been updated to reflect the
additional information provided by the commenter regarding domestic
grape production; however, that information did not affect the
conclusions of our analysis. The impact of this rule on domestic table
grape producers is still expected to be minimal.
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 rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the fruits and vegetables regulations to allow the
importation into the United States of fresh table grapes from Namibia
under certain conditions. As a condition of entry, the grapes will be
subject to both cold treatment and fumigation with methyl bromide and
will have to be accompanied by a phytosanitary certificate with an
additional declaration stating that the commodity
[[Page 55088]]
has been inspected and found free of the specified pests. In addition,
the grapes will also be subject to inspection at the port of first
arrival. This action will allow for the importation of grapes from
Namibia into the United States while continuing to provide protection
against the introduction of quarantine pests.
According to the Trade Law Center for Southern Africa, 7 grape
companies in Namibia are currently cultivating 1,300 hectares,
irrigated by water from the Orange River, and another 2,000 hectares
are expected to be put to cultivation soon. Because of the climate in
Namibia, grapes mature in November, which gives producers there a
competitive advantage over producers in other southern hemisphere
countries where the grape harvest begins in December. Imports of
Namibian table grapes into the United States in the first year are
expected to reach 22.5 40-foot containers (approximately 744,000
pounds), which would account for less than one-tenth of 1 percent of
fresh table grape imports into the United States and less than one-
tenth of 1 percent of total domestic utilized production of fresh table
grapes. Total domestic utilized production accounted for approximately
50 percent of the total domestic consumption of fresh table grapes in
2004.\2\ Gross revenue of utilized production of fresh table grapes
produced in the United States was approximately $794 million.\3\ Any
displacement resulting from imports of Namibian fresh table grapes is
likely to result in a reduction of less than one-tenth of 1 percent in
gross revenue for producers, with at least part of the loss borne by
foreign suppliers that share the same shipping season as Namibia, such
as Chile.
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\2\ USDA ERS Briefing Room, Fruit and Tree Nut Yearbook, 2005.
\3\ Gross revenue of fresh table grape utilization is derived
assuming a grower price of $0.45 per pound (ERS).
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The small business size standard for grape farming without making
wine, as identified by the Small Business Administration (SBA) based
upon North American Industry Classification System code 111332, is
$750,000 or less in annual receipts.\4\ While the available data do not
provide the number of U.S. grape-producing entities according to size
distribution as it relates to annual receipts, it is reasonable to
assume that the majority of the operations are considered small
businesses by SBA standards. According to the 2002 Census of
Agriculture data, there were 23,856 grape farms in the United States in
2002.\5\ It is estimated that approximately 93 percent of these grape
farms had annual sales in 2002 of $500,000 or less, and are considered
to be small entities by SBA standards.
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\4\ Based upon 2002 Census of Agriculture--State Data and the
``Small Business Size Standards by NAICS Industry,'' Code of Federal
Regulations, Title 13, Chapter 1.
\5\ The number of grape farms in the United States, as reported
by the 2002 Census of Agriculture, is the total number of grape-
producing operations, which also include grapes produced for
processed utilization.
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The United States is a net importer of fresh table grapes. In 2004,
the United States imported 1,322.8 million pounds of fresh table grapes
with approximately 79 and 19 percent arriving from Chile and Mexico,
respectively. In that same year, the United States exported
approximately 606.3 million pounds of table grapes. Canada is the
largest importer of U.S. fresh grapes, accounting for 44 percent of
U.S. exports. The second and third largest importers of U.S. fresh
grapes are Malaysia and Mexico, accounting for approximately 9 and 7
percent of U.S. grape exports, respectively.\6\ U.S. imports of table
grapes experienced an average increase of 6.6 percent annually over the
last decade while exports have increased an average of 3.4 percent.\7\
Fresh utilization of U.S. grape production only accounts, on average,
for 13 percent of total utilized U.S. grape production annually. U.S.
wine production and raisin production account for an average of 60
percent and 25 percent, respectively, of U.S. grape utilization
annually.\8\
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\6\ Source: Global Trade Atlas.
\7\ Source: USDA FAS, PS&D Online. ``Table Grapes: Production,
Supply and Distribution in Selected Countries,'' http://www.fas.usda.gov/psd/complete_tables/HTP-table6-104.htm
.
\8\ USDA ERS Briefing Room, Fruit and Tree Nut Yearbook, 2005.
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Domestic consumers would benefit because Namibian table grapes
mature a month earlier than table grapes from other countries in the
southern hemisphere, providing access to an increased supply of fresh
table grapes for a longer period of time. The negative impact of
imports from Namibia is expected to be minimal for domestic producers.
Utilized production of fresh table grapes accounted for approximately
50 percent of total domestic consumption in 2004. Total gross revenue
associated with the estimated quantity of Namibian imports is
equivalent to less than one-tenth of 1 percent of the total gross
revenue generated by U.S. fresh table grapes in 2004. In addition, any
displacement of existing U.S. table grape supplies by Namibian imports
is likely to be borne at least in part by foreign suppliers such as
Chile, which shares the same shipping season as Namibia.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule allows fresh table grapes to be imported into the
United States from Namibia. State and local laws and regulations
regarding table grapes imported under this rule will be preempted while
the fruit is in foreign commerce. Fresh table grapes 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.
Use of Methyl Bromide
Under this rule, table grapes imported into the United States from
Namibia must be fumigated with methyl bromide in accordance with
schedule T104-a-1 to kill external feeder insects. We estimate that
between 1 and 22.5 40-foot containers of fresh table grapes will be
imported from Namibia during the first shipping season. Importations
may increase in future years. Fumigation using schedule T104-a-1 would
require no more than 10 pounds of methyl bromide per container. No
alternative treatment is currently available for these pests.
The United States is fully committed to the objectives of the
Montreal Protocol, including the reduction and ultimately the
elimination of reliance on methyl bromide for quarantine and
preshipment uses in a manner that is consistent with the safeguarding
of U.S. agriculture and ecosystems. APHIS reviews its methyl bromide
policies and their effect on the environment in accordance with the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321
et seq.) and Decision XI/13 (paragraph 5) of the 11th Meeting of the
Parties to the Montreal Protocol, which calls on the Parties to review
their ``national plant, animal, environmental, health, and stored
product regulations with a view to removing the requirement for the use
of methyl bromide for quarantine and preshipment where technically and
economically feasible alternatives exist.''
The United States Government encourages methods that do not use
[[Page 55089]]
methyl bromide to meet phytosanitary standards where alternatives are
deemed to be technically and economically feasible. In some
circumstances, however, methyl bromide continues to be the only
technically and economically feasible treatment against specific
quarantine pests. In addition, in accordance with Montreal Protocol
Decision XI/13 (paragraph 7), APHIS is committed to promoting and
employing gas recapture technology and other methods whenever possible
to minimize harm to the environment caused by methyl bromide emissions.
National Environmental Policy Act
An environmental assessment was prepared for, and made available
for public comment through, the proposed rule for this rulemaking. No
comments regarding the environmental assessment were received during
the comment period for the proposed rule. The environmental assessment
provides a basis for the conclusion that the importation of fresh table
grapes under the conditions specified in this rule will not have a
significant impact on the quality of the human environment. Based on
the finding of no significant impact, the Administrator of the Animal
and Plant Health Inspection Service has determined that an
environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessment and finding of no significant impact
may be viewed on the Regulations.gov Web site.\9\ Copies of the
environmental assessment and finding of no significant impact are also
available for public inspection at USDA, room 1141, South Building,
14th Street and Independence Avenue, SW., Washington, DC, between 8
a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons
wishing to inspect copies are requested to call ahead on (202) 690-2817
to facilitate entry into the reading room. In addition, copies may be
obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
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\9\ Go to http://www.regulations.gov, click on the ``Advanced
Search'' tab and select ``Docket Search.'' In the Docket ID field,
enter APHIS-2006-0025, click on ``Submit,'' then click on the Docket
ID link in the search results page. The environmental assessment and
finding of no significant impact will appear in the resulting list
of documents.
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Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0300.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR parts 305 and 319 as follows:
PART 305--PHYTOSANITARY TREATMENTS
0
1. The authority citation for part 305 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. In Sec. 305.2, paragraph (h)(2)(i), the table is amended by adding,
in alphabetical order, an entry for Namibia to read as follows:
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(i) * * *
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Location Commodity Pest Treatment schedule
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* * * * * * *
Namibia............................ Grape................. External feeders........... MB T104-a-1.
Cryptophlebia leucotreta, CT T107-e.
Ceratitis capitata,
Ceratitis rosa,
Epichoristodes acerbella.
* * * * * * *
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* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
0
3. 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
4. A new Sec. 319.56-2ss is added to read as follows:
Sec. 319.56-2ss Conditions governing the entry of grapes from
Namibia.
Grapes (Vitis vinifera) may be imported into the United States from
Namibia only under the following conditions:
(a) The grapes must be cold treated for Cryptophlebia leucotreta,
Ceratitis capitata, Ceratitis rosa, and Epichoristodes acerbella in
accordance with part 305 of this chapter.
(b) The grapes must be fumigated for Aleurocanthus spiniferus,
Apate monachus, Bustomus setulosus, Ceroplastes rusci, Cryptoblabes
gnidiella, Dischista cincta, Empoasca
[[Page 55090]]
lybica, Eremnus atratus, Eremnus cerealis, Eremnus setulosus,
Eutetranychus orientalis, Helicoverpa armigera, Icerya seychellarum,
Macchiademus diplopterus, Oxycarenus hyalinipennis, Pachnoda sinuata,
Phlyctinus callosus, Scirtothrips aurantii, Scirtothrips dorsalis,
Spodoptera littoralis, and Tanyrhynchus carinatus in accordance with
part 305 of this chapter.
(c) Each shipment of grapes must be accompanied by a phytosanitary
certificate of inspection issued by the national plant protection
organization of Namibia bearing the following additional declaration:
``The grapes in this shipment have been inspected and found free of
Maconellicoccus hirsutus, Nipaecoccus vastator, Rastrococcus
iceryoides, Cochlicella ventricosa, and Theba pisana.''
(d) The grapes may be imported in commercial shipments only.
(Approved by the Office of Management and Budget under control
number 0579-0300)
Done in Washington, DC, this 18th day of September 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-7891 Filed 9-20-06; 8:45 am]
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