[Federal Register: December 11, 2007 (Volume 72, Number 237)]
[Proposed Rules]
[Page 70237-70240]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de07-9]
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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 70237]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2007-0116]
RIN 0579-AC64
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations pertaining to the
importation of fruits and vegetables to eliminate a treatment
requirement for Ya pears imported from Shandong Province, China; to
clarify the conditions that apply to the importation of sand pears from
the Republic of Korea and Japan; and to clarify the distinction between
plant parts that would be considered to be plant litter or debris and
those that would not. These proposed changes would eliminate a
treatment requirement that no longer appears to be necessary and would
clarify some existing provisions in order to make the regulations
easier to understand and implement.
DATES: We will consider all comments that we receive on or before
January 10, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2007-0116 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-
2007-0116, 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-2007-0116.
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: Mr. Alex Belano, Import Specialist,
Commodity Import Analysis and Operation, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1231; (301) 734-5333.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of certain plants and plant products into the United States
to prevent the introduction of plant pests. Under the regulations in
``Subpart--Fruits and Vegetables'' (7 CFR 319.56-1 to 319.56-47,
referred to below as the regulations), the Animal and Plant Health
Inspection Service (APHIS) 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. In this document, we are proposing to make
several amendments to the regulations. The proposed amendments are
discussed below by topic.
Definition of Plant Debris
In Sec. 319.56-3, ``General requirements for all imported fruits
and vegetables,'' paragraph (a) requires that ``All fruits and
vegetables imported under this subpart, whether in commercial or
noncommercial consignments, must be free from plant debris, as defined
in Sec. 319.56-2.'' In Sec. 319.56-2, plant debris is defined as
``Detached leaves, twigs, or other portions of plants, or plant litter
or rubbish as distinguished from approved parts of clean fruits and
vegetables, or other commercial articles.'' While that definition does
make reference to ``approved parts of clean fruits and vegetables,''
the definition and the regulations in Sec. 319.56-3(a) may not
adequately communicate the fact that there are also parts of clean
fruits and vegetables that are not approved for entry.
In order to make that distinction clear, we are proposing to remove
the current definition of plant debris and replace it with separate
definitions of plant litter and debris and portions of plants. Plant
litter and debris would be defined as: ``Discarded or decaying organic
matter; detached leaves, twigs, or stems that do not add commercial
value to the product.'' Portions of plants would be defined as:
``Stalks or stems, including the pedicel, peduncle, raceme, or panicle,
that are normally attached to fruits or vegetables.'' At the same time,
we would amend Sec. 319.56-3(a) so that it requires all imported
fruits and vegetable to be free of plant litter or debris and free of
any portions of plants that are specifically prohibited in the
regulations. We believe these amendments would make our requirements
clearer and more enforceable.
Importation of Ya Pears From China
The regulations in Sec. 319.56-29 govern the importation of Ya
variety pears from China. Under the regulations in that section, Ya
pears may be imported from the Hebei and Shandong Provinces of China if
they have been grown, harvested, and packed for export under certain
conditions, and if the national plant protection organization (NPPO) of
China certifies that those conditions have been met. Ya pears from
Shandong Province are also required to undergo cold treatment for the
Oriental fruit fly (Bactrocera dorsalis).
The regulations had previously required that Ya pears from Hebei
Province also undergo cold treatment, but we removed that requirement
in a final rule published in the Federal Register on June 10, 2003 (68
FR 34517-34519, Docket No. 02-084-2). Our removal of the cold treatment
[[Page 70238]]
requirement for Ya pears from Hebei Province was based on trapping
results and on climatological and biological considerations. In that
June 2003 final rule, in response to a comment, we stated that we would
consider removing the cold treatment requirement for Ya pears from
Shandong Province if China provided APHIS with data similar to the data
submitted for Hebei Province indicating that Oriental fruit fly is not
present in Shandong Province.
China has now requested that we amend the regulations to remove the
cold treatment requirement for Ya pears from Shandong requirement.
China has conducted fruit fly trapping in Shandong Province to monitor
for the presence of fruit flies. A total of 943 traps were used to
survey a variety of areas including orchards, fruit markets, seaports,
airports, etc. Trapping data for 3 years, from 2000 to 2002, show that
no fruit flies were trapped. In addition to the trapping data, China's
NPPO provided us with published research \1\ showing that, based on
developmental biology of Bactrocera dorsalis and because of low winter
temperatures, large areas of China, including Shandong Province, are
unsuitable habitat for the Oriental fruit fly.
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\1\ Zhan, K., S. Zhao, S. Zhu, W. Zhou, and N. Wang (2006).
``Study on the viability of Bactrocera dorsalis in China.'' J. of S.
China Agricultural University 27(4): 21-25.
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The evidence supporting the removal of the cold treatment
requirement is discussed in more detail in a risk management document
that has been prepared in response to China's request. The document may
be viewed on the Regulations.gov Web site or in our reading room (see
ADDRESSES above), and copies may be obtained by calling or writing to
the person listed under FOR FURTHER INFORMATION CONTACT. Based on our
consideration of the information provided by China and the analysis
provided in our risk management document, we are proposing to amend
Sec. 319.56-29 to remove the cold treatment requirement for Ya pears
from Shandong Province.
Importation of Sand Pears From the Republic of Korea and Japan
The regulations in paragraph (a) of Sec. 319.56-13 list a number
of fruits and vegetables that may be imported from various countries
subject to the specific requirements listed in paragraph (b) of that
section as well as the general requirements in Sec. 319.56-3 that
apply to all imported fruits and vegetables. Among the articles listed
in the table is sand pear (Pyrus pyrifolia var. culta) from Japan and
the Republic of Korea. The entries for sand pears from each country
were added when we reorganized the regulations in a final rule
published in the Federal Register on July 18, 2007 (72 FR 39482-39528,
Docket No. APHIS-2005-0106).
Prior to that final rule, the importation of sand pears from Japan
and the Republic of Korea had been authorized under permit and the
conditions of their entry were listed in the fruits and vegetables
manual.\2\ Under the approach we used in revising the fruits and
vegetables regulations, however, we listed the sand pears in the
regulations because consignments of sand pears, except sand pears
imported into Hawaii, were required to be precleared in Japan and the
Republic of Korea prior to their exportation to the United States.
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\2\ See http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf
.
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When we added the listings for sand pears from Japan and the
Republic of Korea to the table in Sec. 319.56-13(a), we neglected to
include a note that the preclearance requirement does not apply to sand
pears imported into Hawaii from Japan or the Republic of Korea. While
the fruits and vegetables manual continues to list the non-precleared
sand pears as eligible for importation into Hawaii, the lack of a
reference to that exception in the regulations has caused some
confusion. Therefore, we are proposing to amend Sec. 319.56-
13(b)(5)(ix) so that it clearly states that the preclearance
requirement does not apply to sand pears imported into Hawaii from
Japan or the Republic of Korea.
We are also proposing to amend the entry for the Republic of Korea
in the table in Sec. 319.56-13(a) so that it appears as ``Korea,
Republic of.'' This change would make the manner in which we list that
country consistent with the manner in which the other countries are
listed in the table.
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.
In this document, we are proposing to amend the regulations
pertaining to the importation of fruits and vegetables to eliminate a
treatment requirement for Ya pears imported from Shandong Province,
China; to clarify the conditions that apply to the importation of sand
pears from the Republic of Korea and Japan; and to clarify the
distinction between plant parts that would be considered to be plant
litter or debris and those that would not. Of these proposed changes,
only the elimination of the treatment requirement would be expected to
result in any economic effects.
Removing the cold treatment requirement for Ya pears imported from
Shandong Province would reduce importers' shipping expenses and may
also affect domestic pear growers, especially those who produce Ya and
other Asian pears, and the wholesalers and distributors of these
commodities. However, for both foreign and domestic pear producers, the
proposed change in requirements is expected to have a very limited
effect on the supply and demand for pears overall.
China is the world's largest producer of pears and accounts for 65
percent of world pear production. According to statistics for marketing
year 2005 for three varieties of Chinese pears, including the Ya
variety, Hebei Province produced the largest volume of pears,
accounting for about 29 percent of pear production in China. Shandong
Province produced about 9 percent of China's pears during this time.
Although China's Ya pear exports are not classified by the originating
province, the removal of the cold treatment requirement of Ya pears
produced in Shandong Province may be expected to affect about 25
percent of total U.S. imports of Ya pears from China, assuming that the
quantities exported to the United States from the two provinces reflect
their relative levels of production.
The shipping expenses of importers seeking to import Ya pears from
Shandong Province would, under this proposed rule, be reduced by the
amount of the expense of the cold treatment. This amount is estimated
to be approximately $0.06 per kilogram of pears. Since the number of Ya
pears imported from Shandong Province is estimated to be approximately
one-fourth of total Ya pear imports from China, the net impact on the
average price of Ya pears would be considerably smaller than $0.06 per
kilogram. If the cost reduction associated with the removal of the cold
treatment requirement affects the retail price of Ya pears in the
United States, it would be minimal.
Under the criteria established by the Small Business
Administration, fruit merchant wholesalers (North American Industry
Classification System code 424480) must have 100 or fewer employees to
be considered small entities. In 2002, there were 5,376 fresh
[[Page 70239]]
fruit and vegetable merchant wholesalers in the United States with a
total of 110,578 paid employees, or, on the average, 21 paid employees
per establishment. Therefore, domestic fruit merchant wholesalers that
may be affected by the proposed rule are predominantly small entities.
The 2002 Census of Agriculture estimates that there are
approximately 11,000 pear growers distributed throughout the United
States, and that the vast majority of pear growers operate in orchards
smaller than 250 acres, and with less than $750,000 in annual receipts.
The average annual sales value of pear growers is estimated to be
approximately $24,416 per grower. Based on this data, it is most likely
that pear growers in the United States are predominantly small
entities.
In the United States, Asian pears represent a small share of the
pear industry. In California, which contains the largest number of
Asian pear growers in the country, Asian pears constituted about 7
percent of the total harvested acreage in 2006. Of the Asian pear
varieties produced in the United States, Ya pears are estimated to make
up a very small percentage of the total number. The value of domestic
Ya pears is estimated at less than $1 million.
The expected economic effect of removing the cold treatment
requirement for Ya pears from Shandong Province is minor. Therefore,
this proposed rule is expected to have little effect on importers or
producers of Ya pears in the United States.
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 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.).
List 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 propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
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.
2. Section 319.56-2 is amended as follows:
a. By removing the definition of plant debris.
b. By adding, in alphabetical order, definitions of plant litter
and debris and portions of plants to read as set forth below.
Sec. 319.56-2 Definitions.
* * * * *
Plant litter and debris. Discarded or decaying organic matter;
detached leaves, twigs, or stems that do not add commercial value to
the product.
* * * * *
Portions of plants. Stalks or stems, including the pedicel,
peduncle, raceme, or panicle, that are normally attached to fruits or
vegetables.
* * * * *
3. In Sec. 319.56-3, paragraph (a) is revised to read as follows:
Sec. 319.56-3 General requirements for all imported fruits and
vegetables.
* * * * *
(a) Freedom from unauthorized plant parts. All fruits and
vegetables imported under this subpart, whether in commercial or
noncommercial consignments, must be free from plant litter or debris
and free of any portions of plants that are specifically prohibited in
the regulations in this subpart.
* * * * *
4. Section 319.56-13 is amended as follows:
a. In the table in paragraph (a), by removing the entry for
``Republic of Korea'' and by adding, in alphabetical order, an entry
for ``Korea, Republic of'' to read as set forth below:
b. In paragraph (b), by revising paragraph (b)(5)(ix) to read as
set forth below.
Sec. 319.56-13 Fruits and vegetables allowed importation subject to
specified conditions.
(a) * * *
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Additional
Country/locality of origin Common name Botanical name Plant part(s) requirements
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* * * * * * *
Korea, Republic of............. Dasheen.......... Colocasia spp., Root............. (b)(2)(iv).
Alocasia spp., and
Xanthosoma spp..
Sand pear........ Pyrus pyrifolia var. Fruit............ (b)(5)(ix).
culta.
Strawberry....... Fragaria spp.......... Fruit............ (b)(5)(i).
* * * * * * *
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* * * * *
(b) * * *
(5) * * *
(ix) Except for sand pears entering Hawaii, only precleared
consignments are authorized. The consignment must be accompanied by a
PPQ Form 203 signed by the APHIS inspector on site in the exporting
country.
* * * * *
Sec. 319.56-29 [Amended]
4. Section 319.56-29 is amended by removing paragraph (b) and
redesignating paragraph (c) as paragraph (b).
[[Page 70240]]
Done in Washington, DC, this 6th day of December 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-23957 Filed 12-10-07; 8:45 am]
BILLING CODE 3410-34-P