[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Proposed Rules]
[Page 36221-36225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 36221]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 319
[Docket No. APHIS-2006-0025]
Importation of Table Grapes From Namibia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend 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 would have to undergo cold treatment and fumigation
with methyl bromide and would have to 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 would also be subject to inspection at the port of first
arrival. This action would allow for the importation of grapes from
Namibia into the United States while continuing to provide protection
against the introduction of quarantine pests.
DATES: We will consider all comments that we receive on or before
August 25, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the lower ``Search Open Regulations and
Federal Actions'' box, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click on ``Submit.'' In
the Docket ID column, select APHIS-2006-0025 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send
four copies of your comment (an original and three copies) to Docket
No. APHIS-2006-0025, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. APHIS-2006-0025.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
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.
The national plant protection organization (NPPO) of Namibia has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow fresh table grapes from Namibia to be
imported into the United States. As part of our evaluation of Namibia's
request, we prepared a pest risk assessment (PRA) and a risk management
document. Copies of the PRA and risk management document may be
obtained from the person listed under FOR FURTHER INFORMATION CONTACT
or viewed on the Regulations.gov Web site (see ADDRESSES above for
instruction for accessing Regulations.gov).
The PRA, titled ``Qualitative Pathway--Initiated Risk Assessment of
the Importation of Fresh Table Grapes Vitis vinifera L. from Namibia
into the United States'' (November 2005), evaluates the risks
associated with the importation of table grapes into the United States
from Namibia. The PRA and supporting documents identified 30 pests of
quarantine significance present in Namibia or in nearby countries \1\
that could be introduced into the United States via table grapes. These
pests include 28 insect pests and 2 mollusks. Four of the insect pests
are internal feeders: The moths Cryptophlebia leucotreta and
Epichoristodes acerbella and the fruit flies Ceratitis capitata and
Ceratitis rosa. The other 24 insect pests are external feeders: The
whitefly Aleurocanthus spiniferus; the twig borer Apate monachus; the
weevils Bustomus setulosus and Phlyctinus callosus; the scales
Ceroplastes rusci and Icerya seychellarum; the moth Cryptoblabes
gnidiella; the beetles Dischista cincta, Eremnus atratus, Eremnus
cerealis, Eremnus setulosus, and Pachnoda sinuata; the cotton jassid
Empoasca lybica; the mite Eutetranychus orientalis; the bollworm
Helicoverpa armigera; the chinch bug Macchiademus diplopterus; the
mealybugs Maconellicoccus hirsutus, Nipaecoccus vastator, and
Rastrococcus iceryoides; the cottonseed bug Oxycarenus hyalinipennis;
the thrips Scirtothrips aurantii and Scirtothrips dorsalis; the
leafworm Spodoptera littoralis; and the bud nibbler Tanyrhynchus
carinatus. The two mollusks, Cochlicella ventricosa and Theba pisana,
are also external feeders.
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\1\ Due to Namibia being a part of South Africa until 1990 and
grape production in Namibia as a commercial export being relatively
new, the PRA takes into account pest data from grape growing regions
in neighboring regions of southern Africa as well as Namibia.
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APHIS has determined that measures beyond standard port of entry
inspection are required to mitigate the risks posed by these plant
pests. Therefore, we propose to require that the grapes be subjected to
a combined treatment of cold treatment in accordance with schedule
T107-e and
[[Page 36222]]
methyl bromide fumigation in accordance with schedule T104-a-1.
Cold treatment schedule T107-e is described in Sec. 305.16 of the
phytosanitary treatments regulations in 7 CFR part 305. Under that
schedule, the grapes would have to be held at a temperature of 31
[deg]F (-0.55 [deg]C) or colder for a period of 22 days. The 22-day
treatment period would begin only after all temperature sensors
indicate the grapes have been precooled to 31 [deg]F or below. If the
temperature exceeds 31.5 [deg]F, the treatment period would have to be
extended by one-third of a day for each day or part of a day that the
temperature is above 31.5 [deg]F. If the exposure period is extended,
the temperature during the extension period must be 34 [deg]F or below.
If the temperature exceeds 34 [deg]F at any time, the treatment is
nullified. This cold treatment schedule has been proven effective in
treating false codling moth (Cryptophlebia leucotreta) on grapes from
South Africa. This treatment would also mitigate the risks associated
with the fruit flies Ceratitis capitata and Ceratitis rosa and the moth
Epichoristodes acerbella, which are less adaptable to colder
temperatures than false codling moth.
In addition, we would require that the grapes be fumigated with
methyl bromide fumigation in accordance with schedule T104-a-1, which
is described in Sec. 305.6(a) of the phytosanitary treatments
regulations.
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Dosage rate (lb/ Exposure
Treatment schedule Pressure Temperature ([deg]F) 1,000 cubic period
feet) (hours)
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T104-a-1.......................... NAP \1\............. 80 or above.......... 1.5 2
70-79................ 2 2
60-69................ 2.5 2
50-59................ 3 2
40-49................ 4 2
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\1\ Normal atmospheric pressure.
This methyl bromide fumigation treatment schedule has been proven
effective in treating external pests on imported fruits and vegetables
from around the world, except for mealybugs. Therefore this treatment
will effectively mitigate the risks associated with Aleurocanthus
spiniferus, Apate monachus, Bustomus setulosus, Ceroplastes rusci,
Cryptoblabes gnidiella, Dischista cincta, Empoasca lybica, Eremnus
atratus, Eremnus cerealis, Eremnus setulosus, Eutetranychus orientalis,
Helicoverpa armigera, Icerya seychellarum, Macchiademus diplopterus,
Oxycarenus hyalinipennis, Pachnoda sinuata, Phlyctinus callosus,
Scirtothrips aurantii, Spodoptera littoralis, and Tanyrhynchus
carinatus.
Because the cold and methyl bromide treatments we would require do
not effectively mitigate the pest risk posed by the mealybugs,
Maconellicoccus hirsutus, Nipaecoccus vastator, Rastrococcus
iceryoides, or the mollusks, Cochlicella ventricosa and Theba pisana,
the NPPO of Namibia would be required to conduct phytosanitary
inspections for those pests. 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.''
Specifically listing the pests on the additional declaration alerts
U.S. inspectors to the specific pests of concern.
In addition, we would restrict the importation of fresh table
grapes from Namibia to commercial shipments only. Produce grown
commercially is less likely to be infested with plant pests than
noncommercial shipments. Noncommercial shipments are more prone to
infestations because the commodity is often ripe to overripe and is
often grown with little or no pest control. Commercial shipments, as
defined in Sec. 319.56-1, are shipments of fruits and vegetables that
an inspector identifies as having been produced for sale and
distribution in mass markets. Identification of a particular shipment
as commercial is based on a variety of indicators, including, but not
limited to, the quantity of produce, the type of packaging,
identification of a grower or packinghouse on the packaging, and
documents consigning the shipment to a wholesaler or retailer.
The proposed conditions described above for the importation of
table grapes from Namibia into the United States would be added to the
fruits and vegetables regulations as a new Sec. 319.56-2ss. In
addition, we would also amend the table in Sec. 305.2(h)(2)(i) of the
phytosanitary treatments regulations to add an entry for grapes from
Namibia and designate methyl bromide schedule T104-a-2 and cold
treatment schedule T107-e as approved treatments for the specific pests
named in this document.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 proposing to amend 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
would have to undergo cold treatment and fumigation with methyl bromide
and would have to 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 would
also be subject to inspection at the port of first arrival. This action
would 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
current U.S. fresh table grape imports.
[[Page 36223]]
The Regulatory Flexibility Act requires agencies to specifically
consider the economic effects of their rules on small entities. The
Small Business Administration (SBA) has established size criteria based
on the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
The proposed rule may affect producers and wholesalers of table grapes
in the United States.
The small business size standards for grape farming without making
wine, as identified by the SBA based upon NAICS code 111332, is
$750,000 or less in annual receipts.\2\ 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 a total of 23,856 grape farms in the
United States in 2002.\3\ 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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\2\ 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.
\3\ 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.\4\ 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.\5\
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.\6\
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\4\ Source: Global Trade Atlas.
\5\ 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
.
\6\ 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 competitive impact of
imports from Namibia would likely be minimal for domestic producers,
whose grapes are mainly intended for processed utilization. As noted
previously, forecast Namibian table grape imports would comprise less
than one-tenth of 1 percent of total U.S. table grape imports.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule would allow table grapes to be imported into the
United States from Namibia. If this proposed rule is adopted, State and
local laws and regulations regarding table grapes imported under this
rule would be preempted while the fruit is in foreign commerce. Fresh
fruits are generally imported for immediate distribution and sale to
the consuming public and would 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. If this proposed
rule is adopted, 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 proposed 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 would
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 pre-
shipment 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 pre-shipment where technically and
economically feasible alternatives exist.''
The United States Government encourages methods that do not use
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.
In connection with this rulemaking, we welcome comments, especially
data or other information, regarding other treatments that may be
efficacious and technically and economically feasible that we may
consider as alternatives to methyl bromide.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
proposed importation into the United States of table grapes from
Namibia, we have prepared an environmental assessment. The
environmental assessment was 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).
[[Page 36224]]
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room. (Instructions for accessing
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) In addition, copies may be obtained by calling
or writing to the individual listed under FOR FURTHER INFORMATION
CONTACT.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0025. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0025, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
This proposed rule would amend the fruits and vegetables
regulations to allow the importation into the United States of fresh
table grapes from Namibia. As a condition of entry, the grapes would
have to undergo cold treatment and fumigation with methyl bromide, and
would have to 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 would
also be subject to inspection at the port of first arrival.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.16 hours per response.
Respondents: Growers of grapes, the Namibian NPPO.
Estimated annual number of respondents: 16,000.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 16,000.
Estimated total annual burden on respondents: 2,560 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed 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.
Accordingly, we propose to amend 7 CFR parts 305 and 319 as
follows:
PART 305--PHYTOSANITARY TREATMENTS
1. The authority citation for part 305 would continue 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.
2. In paragraph (h)(2)(i) of Sec. 305.2, the table would be
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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[[Page 36225]]
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
3. The authority citation for part 319 would continue 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.
4. A new Sec. 319.56-2ss would be 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 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.
Done in Washington, DC, this 20th day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-10017 Filed 6-23-06; 8:45 am]
BILLING CODE 3410-34-P