[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Proposed Rules]
[Pages 16700-16703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7088]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0101]
RIN 0579-AD39
Importation of French Beans and Runner Beans From the Republic of
Kenya Into the United States
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 of French beans and runner beans
from the Republic of Kenya into the United States. As a condition of
entry, both commodities would have to be produced in accordance with a
systems approach that would include requirements for packing, washing,
and processing. Both commodities would also be required to be
accompanied by a phytosanitary certificate attesting that all
phytosanitary requirements have been met and that the consignment was
inspected and found free of quarantine pests. This action would allow
for the importation of French beans and runner beans from the Republic
of Kenya into the United States while continuing to provide protection
against the introduction of plant pests.
DATES: We will consider all comments that we receive on or before May
24, 2011.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0101 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2010-0101, 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-2010-0101.
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. Phillip Grove, Regulatory
Coordinator, PPQ, APHIS, 4700 River Road Unit 156, Riverdale, MD 20737-
1231; (301) 734-6280.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-50, 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 within the United States.
The national plant protection organization (NPPO) of the Republic
of Kenya has requested that the Animal and Plant Health Inspection
Service (APHIS) amend the regulations to allow
[[Page 16701]]
French beans and runner beans from the Republic of Kenya to be imported
into the United States. As part of our evaluation of Kenya's request,
we prepared a pest risk assessment (PRA) and a risk management
document. Copies of the PRA and the 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
instructions for accessing Regulations.gov).
The PRA, titled ``Importation of French Bean, Phaseolus vulgaris
L., and Runner Bean, Phaseolus coccineus L., from Kenya into the United
States: A Qualitative, Pathway-initiated Risk Assessment'' (February
2009), evaluates the risks associated with the importation of French
beans and runner beans into the United States from Kenya. The PRA and
supporting documents identified ten pests of quarantine significance
present in Kenya that could be introduced into the United States
through the importation of French beans or runner beans. Eight of these
pests were determined to have a high risk potential. These are
Bactrocera cucurbitae, Chrysodeixis chalcites, Dacus ciliatus,
Helicoverpa armigera, Liriomyza huidobrensis, Maconellicoccus hirsutus,
Spodoptera littoralis, and Thaumatotibia leucotreta. Two of the pests
were determined to have a medium risk potential: Lampides boeticus and
Maruca vitrata.
APHIS has determined that measures beyond standard port-of-entry
inspection are required to mitigate the risks posed by these plant
pests. Therefore, we are proposing to allow the importation of French
beans and runner beans from Kenya into the United States and its
territories only if they are produced in accordance with a systems
approach.
The systems approach would require that the commodity be packed in
packing facilities that are approved and registered with Kenya's NPPO.
Each shipping box would have to be marked with the identity of the
packing facility so that shipments can be traced back to the facility
in the event of the discovery of a pest.
The beans would have to be washed in potable water, which will
assist in removing any insects feeding on individual beans.
We would require the beans to be inspected by the Kenyan NPPO and
found to be free of quarantine pests before being exported to the
United States. The pests Chrysodeixis chalcites, Helicoverpa armigera,
Lampides boeticus, Maruca vitrata, and Spodoptera littoralis cause
obvious feeding damage and frass on beans, allowing beans infested with
these pests to be eliminated during packing. These pests are also
relatively large and easily seen during inspection.
In addition to causing obvious damage, Maconellicoccus hirsutus is
a pink hibiscus mealy bug whose grayish-pink bodies are covered with
mealy white wax and with white wax filaments projecting from the body,
making the pest easily visible on infested beans. The pest Liriomyza
huidobrensis is a leafminer whose mines are easily seen on bean leaves
and pods, and therefore beans with damage caused by this pest can be
culled during packing. Inspection is an effective mitigation for all
the above pests.
The pests Bactrocera cucurbitae, Dacus ciliatus, and Thaumatotibia
leucotreta are internal feeders, and infestation by these pests cannot
be easily detected by inspection of whole beans. Therefore, we are
proposing to require each bean pod to be either cut into chevrons or
pieces that do not exceed 2 centimeters in length, or shredded or split
the length of the bean pod. Split or shredded bean pod pieces would not
exceed 8 centimeters in length and 8.5 millimeters in diameter. Cutting
the beans will expose any quarantine pests that may be present during
inspection, while shredding the beans will both expose and destroy
internal feeding pests. Cutting or splitting the beans also allows for
the detection of any larvae that may be present during inspection.
Only commercial consignments of French beans and runner beans would
be allowed to be imported from Kenya. Produce grown commercially is
less likely to be infested with plant pests than noncommercial
consignments. Noncommercial consignments are more prone to infestations
because the commodity is often ripe to overripe, could be of a variety
with unknown susceptibility to pests, and is often grown with little or
no pest control. Commercial consignments, as defined in Sec. 319.56-2,
are consignments that an inspector identifies as having been imported
for sale and distribution. Such identification is based on a variety of
indicators, including, but not limited to: Quantity of produce, type of
packaging, identification of grower or packinghouse on the packaging,
and documents consigning the fruits or vegetables to a wholesaler or
retailer.
Consignments of French beans and runner beans would also need to be
accompanied by a phytosanitary certificate issued by Kenya's NPPO
attesting that all APHIS phytosanitary requirements have been met and
that the consignment was inspected and found free of quarantine pests.
We would add these requirements to the regulations in a new Sec.
319.56-51.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been 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. The
analysis is summarized below. Copies of the full analysis are available
by contacting the person listed under FOR FURTHER INFORMATION CONTACT
or on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov).
Kenya produced an average of about 37,000 metric tons (MT) of
French beans per year between 2004 and 2009, of which it exported an
average of about 34,000 MT, primarily to the European Union (EU). The
EU provides a well-established market and it is unlikely that there
would be a large diversion of French bean exports by Kenya from this
market to the United States.
To examine potential effects of the rule for U.S. small entities,
we model three levels of French bean exports to the United States from
Kenya, of increasing magnitude: the amount that Kenya expects to export
to the United States (800 MT), and amounts equal to 5 percent and 10
percent of Kenya's average annual exports worldwide, 2004-2009 (1,750
MT and 3,500 MT). The largest assumed level is equivalent to 1.3
percent of average annual consumption by the United States during this
same period.
Yearly French bean imports from Kenya of 3,500 MT are estimated to
result in a price decline of $12.60 per MT, or less than 1 cent per
pound in the wholesale price of green beans, and a fall in U.S.
production of 1,838 MT. Consumption is estimated to increase by 1,663
MT. Producer welfare could decline by $2.92 million and consumer
welfare could increase by $3.35 million, yielding an annual net welfare
gain of about $430,000.
While most U.S. green bean producers are small entities, the annual
decrease in producer welfare per small entity for the 3,500 MT import
scenario is estimated to be only about $66, or about 0.7 percent of
average annual sales by small entities. The dollar decrease in welfare
for most small fresh bean producers would be even smaller, given
[[Page 16702]]
that the majority planted less than an acre in green beans in 2007,
while the average area planted in green beans by small-entity producers
was 2.4 acres. Also, effects are likely to be smaller than indicated,
to the extent that fresh French bean imports from Kenya would displace
fresh bean imports from other countries.
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 French beans and runner beans to be
imported into the United States from Kenya. If this proposed rule is
adopted, State and local laws and regulations regarding French beans
and runner beans imported under this rule would be preempted while the
vegetable is in foreign commerce. Fresh vegetables 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.
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-
2010-0101. Please send a copy of your comments to: (1) Docket No.
APHIS-2010-0101, 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.
APHIS is proposing to amend the regulations concerning the
importation of fruits and vegetables to allow the importation of French
beans and runner beans from the Republic of Kenya into the United
States under a combination of mitigations to reduce the risk of
introducing a variety of pests. As a condition of entry, both
commodities would have to be produced in accordance with a systems
approach that would include requirements for packing, washing, and
processing. Both commodities would also be required to be accompanied
by a phytosanitary certificate attesting that all phytosanitary
requirements have been met and that the consignment was inspected and
found free of quarantine pests.
Implementing this proposed rule would require respondents to
complete a phytosanitary certificate (foreign), register with
packinghouses, and label boxes.
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 0.333 hours per response.
Respondents: Foreign officials, importers of French and runner
beans.
Estimated annual number of respondents: 2.
Estimated annual number of responses per respondent: 1.5.
Estimated annual number of responses: 3.
Estimated total annual burden on respondents: 1 hour. (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)
851-2908.
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 proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
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. Add Sec. 319.56-51 to read as follows:
Sec. 319.56-51 French beans and runner beans from Kenya.
French beans (Phaseolus vulgaris L.) and runner beans (Phaseolus
coccineus L.) may be imported into the United States from Kenya only
under the conditions described in this section. These conditions are
designed to prevent the introduction of the following quarantine pests:
Bactrocera cucurbitae, Chrysodeixis chalcites, Dacus ciliatus,
Helicoverpa armigera, Lampides boeticus, Liriomyza huidobrensis,
Maconellicoccus hirsutus, Maruca vitrata, Spodoptera littoralis, and
Thaumatotibia leucotreta.
(a) Packinghouse requirements. The beans must be packed in packing
facilities that are approved and registered with Kenya's national plant
protection organization (NPPO). Each shipping box must be marked with
the identity of the packing facility.
(b) Post-harvest processing. The beans must be washed in potable
water. Each bean pod must be either cut into chevrons or pieces that do
not exceed 2 centimeters in length, or shredded or split the length of
the bean pod. Split or shredded bean pod pieces may not
[[Page 16703]]
exceed 8 centimeters in length and 8.5 millimeters in diameter.
(c) Commercial consignments. French beans and runner beans must be
imported as commercial consignments only.
(d) Phytosanitary certificate. Each consignment of French beans or
runner beans must be accompanied by a phytosanitary certificate issued
by Kenya's NPPO attesting that the conditions of this section have been
met and that the consignment has been inspected and found free of the
pests listed in this section.
Done in Washington, DC, this 21st day of March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-7088 Filed 3-24-11; 8:45 am]
BILLING CODE 3410-34-P