Importation of Baby Corn and Baby Carrots From Zambia, 1700-1704 [E6-134]
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Proposed Rules
Federal Register
Vol. 71, No. 7
Wednesday, January 11, 2006
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.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. 05–059–1]
Importation of Baby Corn and Baby
Carrots From Zambia
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: We are proposing to amend
the fruits and vegetables regulations to
allow the importation into the
continental United States of fresh,
dehusked immature (baby) sweet corn
and fresh baby carrots from Zambia. As
a condition of entry, both commodities
would be subject to inspection at the
port of first arrival 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
quarantine pest listed on the certificate.
This action would allow for the
importation of Zambian baby corn and
baby carrots 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 March 13,
2006.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and, in the
‘‘Search for Open Regulations’’ 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–2005–0111 to submit or
view public comments and to view
supporting and related materials
available electronically. After the close
of the comment period, the docket can
be viewed using the ‘‘Advanced Search’’
function in Regulations.gov.
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• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 05–059–1, 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. 05–059–1.
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
https://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 Zambia has
requested that the Animal and Plant
Health Inspection Service (APHIS)
amend the regulations to allow baby
corn and baby carrots from Zambia to be
imported into the United States. As part
of our evaluation of Zambia’s request,
we prepared a pest risk assessment
(PRA) and a risk management document
for each commodity. Copies of the PRAs
and risk management documents may
be obtained from the person listed
under FOR FURTHER INFORMATION
CONTACT or viewed on the
Regulations.gov Web site (see
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ADDRESSES above for instruction for
accessing Regulations.gov).
The PRA titled ‘‘Importation of Fresh,
Dehusked, Immature, Baby Corn, Zea
mays L., from Zambia into the
Continental United States’’ (June 2005)
evaluates the risks associated with the
importation of baby corn into the
continental United States (the lower 48
States and Alaska) from Zambia. The
term ‘‘baby corn’’ refers to dehusked,
immature, sweet corn for consumption
measuring 10 to 25 millimeters (0.39 to
0.98 inches) in diameter and 60 to 105
millimeters (2.36 to 4.13 inches) in
length. The PRA and supporting
documents identified one pest of
quarantine significance present in
Zambia, the fungus Phomopsis
jaczewskii Panasenko, that could be
introduced into the United States via
baby corn. Although information on P.
jaczewskii is limited, it is considered
likely to follow the pathway because it
infects corn kernels. Some species of
Phomopsis, though not necessarily P.
jaczewskii, may produce latent
infections that could escape detection
during post-harvest processing.
Post-harvest processing for
commercial baby corn typically involves
dehusking and removal of the silks.
Pickers and packers in Zambia are
directed to reject any corn showing
mechanical damage, shriveling and
softness, disease, rot or decay, pest
damage, or tissue breakdown. At the
packing facility, cobs are blast chilled
for 1 hour, or long enough to bring the
temperature down to 2 °C (35.6 °F), then
are stored at 4 to 6 °C (39.2 to 42.8 °F)
for a maximum of 2 days before
packaging. The baby corn would be
exported to the continental United
States in shrink-wrapped, microwavable
trays or boil-ready plastic bags.
Because fungi in the genus Phomopsis
can remain dormant for a period until
required environmental conditions are
met before producing spore-bearing
structures, APHIS has determined that
measures beyond standard port of entry
inspection are required to mitigate the
plant pest risk of this fungus. The
proposed phytosanitary measures
include a requirement for each
shipment of corn to be accompanied by
a phytosanitary certificate issued by the
NPPO of Zambia that includes an
additional declaration stating that the
corn has been inspected and found free
of Phomopsis jaczewskii based on field
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and packinghouse inspections. The
proposed requirement for an additional
declaration would provide
phytosanitary security by requiring the
NPPO of Zambia or its designee to
conduct phytosanitary inspections for
this pest both in the field during the
growing season and at the packinghouse
prior to export to ensure that the corn
is free from P. jaczewskii. This would
increase the inspections the corn
receives by requiring phytosanitary
inspections in addition to the normal
packinghouse quality inspection.
Furthermore, specifically listing the
pest on the additional declaration
would alert U.S. inspectors to the
specific pest of concern. Additionally,
the commodity imports would be
restricted solely to commercial
shipments within the continental
United States.
We have determined these proposed
measures would provide an appropriate
level of phytosanitary protection for the
importation of baby corn from Zambia.
Phomopsis seed rots generally affect
crops left in the field after maturity
prior to harvesting. Corn picked prior to
maturity, in contrast, is less exposed to
inoculum, and less likely to become
infected or harbor asymptomatic
infections. Additionally, the NPPO of
Zambia would routinely conduct field
inspections and the corn would be
dehusked and inspected as part of the
packing process. These measures,
including the requirement for a
phytosanitary certificate, would provide
an appropriate level of phytosanitary
protection for the importation of baby
corn from Zambia.
The regulations in ‘‘Subpart—Indian
Corn or Maize, Broomcorn, and Related
Plants’’ (§§ 319.41 through 319.41–6)
prohibit or restrict the importation of
Indian corn or maize, broomcorn, and
related plants in order to prevent the
introduction of plant pests into the
United States. The regulations in
§ 319.41–1 list articles of Indian corn or
maize, broomcorn, and related plants
that are eligible for importation into the
United States and the conditions under
which they may be imported. To reflect
our proposed addition of baby corn from
Zambia to the fruits and vegetables
regulations, we are proposing to amend
§ 319.41–1 by adding a new paragraph
(d) that would list immature, dehusked
(baby) sweet corn imported from
Zambia in accordance with a new
§ 319.56–2f among the articles eligible
for importation.
The PRA titled ‘‘Importation of Baby
Carrot, Daucus carota L. ssp. sativus,
from Zambia into the Continental
United States’’ (June 2005), evaluates
the risks associated with the
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importation of baby carrots into the
continental United States from Zambia.
The term ‘‘baby carrot’’ refers to
immature carrots for consumption
measuring 10 to 18 millimeters (0.39 to
0.71 inches) in diameter and 50 to 105
millimeters (1.97 to 4.13 inches) in
length. The PRA and supporting
documents identified one pest of
quarantine significance that could be
introduced in the United States via baby
carrots from Zambia, the nematode
Meloidogyne ethiopica Whitehead. It is
possible, however, that M. ethiopica
does not occur in Zambia. The
assumption that M. ethiopica occurs
with carrots in Zambia was based on the
fact that Zambia borders Zimbabwe,
where the nematode was once collected,
and that the nematode has been
associated with carrots in South Africa.
The Zambian NPPO recently provided a
statement that field surveys and
literature reviews did not indicate any
record of the pest having been detected
in Zambia.
Post-harvest processing for
commercial carrots typically involves
trimming to remove tops and washing
and brushing to remove soil as well as
adventitious roots. Pickers and packers
in Zambia are directed to reject any
carrots showing any mechanical
damage, pest damage, malformed roots,
disease, or soil contamination.
Meloidogyne species typically cause
roots to be malformed with numerous
galls or knots, which would cause the
carrots to be culled during post-harvest
processing. At the packing facility, the
carrots are blast chilled for 1 hour, or
long enough to bring the temperature
down to 4 °C (39.2 °F), then stored at
5 to 7 °C (41 to 44.6 °F) for a maximum
of 4 days before packaging. The baby
carrots would be exported to the
continental United States in shrinkwrapped, microwavable trays or boilready plastic bags.
Because the climate of the United
States is generally favorable to the
establishment of M. ethiopica, and
because M. ethiopica feeds on a wide
variety of host plants, APHIS has
determined that measures beyond
standard port of entry inspection are
required to mitigate the plant pest risk
of this nematode. The proposed
phytosanitary measures include a
requirement for each shipment of
carrots to be accompanied by a
phytosanitary certificate issued by the
NPPO of Zambia that includes an
additional declaration stating that the
carrots have been inspected and found
free of Meloidogyne ethiopica based on
field and packinghouse inspections. The
NPPO of Zambia or its designee would
conduct field inspections during the
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growing season and at the packinghouse
to ensure that the carrots are free from
M. ethiopica. Additionally, the carrots
would have to be free from leaves and
soil. The commodity imports would be
restricted solely to commercial
shipments within the continental
United States.
We have determined these proposed
measures would provide an appropriate
level of phytosanitary protection for the
importation of baby carrots from
Zambia, given that the nematode may
not be present in Zambia and because
root knot nematodes tend to produce
recognizable symptoms which would
cause the carrots to be culled during
post-harvest procedures. The proposed
requirement for a phytosanitary
certificate with an additional
declaration would provide
phytosanitary security by requiring the
NPPO of Zambia or its designee to
conduct phytosanitary inspections for
this pest. This doubles the number of
inspections the carrots would receive by
requiring a phytosanitary inspection at
the production site in addition to the
normal packinghouse quality
inspection. Furthermore, specifically
listing the pest on the additional
declaration would alert U.S. inspectors
to the specific pest of concern.
To reflect our proposed addition to
the fruits and vegetables regulations of
baby carrots from Zambia, we are
proposing to add a new § 319.56–2f
governing the conditions of entry of
baby corn and baby carrots from Zambia
into the continental United States.
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.
Under the Plant Protection Act (7
U.S.C. 7701–7772), the Secretary of
Agriculture is authorized to regulate the
importation of plants, plant products,
and other articles to prevent the
introduction of plant pests into the
United States or the dissemination of
plant pests within the United States. In
response to a request from the
Government of Zambia, and after
conducting pest risk assessments,
APHIS is proposing to allow the
importation from Zambia of commercial
shipments of fresh, dehusked immature
(baby) sweet corn for consumption and
fresh baby carrots for consumption.
Both commodities would be allowed to
be imported only into the continental
United States.
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Effects on Small Entities
The Regulatory Flexibility Act
requires agencies to consider the
economic impact of their regulations on
small entities and to use flexibility to
provide regulatory relief when
regulations create economic disparities
between differently sized entities. In
accordance with the Act, APHIS has
performed an initial regulatory
flexibility analysis regarding the
economic effects of this proposed rule
on small entities. We do not have all the
data necessary for a comprehensive
analysis of the effects of this proposed
rule on small entities that may incur
benefits or costs from the
implementation of this proposed rule, as
data on the number and size of U.S.
producers of the commodities proposed
for importation into the United States in
this document are not available.
However, based on the information we
do have, we believe that most if not all
of the businesses affected by the
proposed rule would be small, and there
is no reason to conclude that adoption
of this proposed rule would result in
any significant economic effect on a
substantial number of small entities.
U.S. entities that could be affected by
the proposed rule are domestic
producers of baby corn and baby carrots,
and wholesalers that would import the
two commodities. Restaurants or other
retailers that would subsequently
purchase the items could be indirectly
affected. Businesses producing baby
corn or baby carrots are classified in the
North American Industry Classification
System (NAICS) within the category of
Other Vegetable (except Potato) and
Melon Farming (NAICS code 111219).
The Small Business Administration’s
(SBA) small-entity definition for these
producers is annual receipts of not more
than $750,000. Firms that would import
the baby corn and baby carrots from
Zambia are defined as small entities if
they have 100 or fewer employees
(NAICS code 424480, Fresh Fruit and
Vegetable Merchant Wholesalers). The
wholesale sector comprises two types of
wholesalers, those that sell goods on
their own account and those that
arrange sales and purchases for others
for a commission or fee. Importers are
included in both cases.
As stated above, we believe that most
if not all of the businesses affected by
the proposed rule would be small since,
in general, firms engaged in production
and importation of agricultural
commodities are predominantly small.
APHIS has not been able to obtain
production or trade data that is specific
to baby carrots, and only limited
information on baby corn. Statistical
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information on baby corn production is
limited because producing countries
either include it within the sweet corn
category, as is done in the United States,
or do not report production of this
commodity at all. Quantities of baby
corn produced, imported, and
consumed in the United States are not
known. According to industry sources,
it is grown in California, and the largest
foreign supplier is Costa Rica. Other
sources are Mexico, Guatemala, and
Honduras. Mexico provided 92 percent
of U.S. fresh sweet corn imports during
1998–2000, with the majority arriving
during the winter (December to April).
Fresh baby corn is included in these
imports; however its amount is
unknown. We welcome information that
the public may offer that would allow
for a better estimate of the number of
small entities expected to be affected by
the proposed rule.
The Food and Agriculture
Organization of the United Nations’
statistics indicate that Zambia produced
an average of 750,000 metric tons of
corn per year between 1997 and 2002
and exported 1 percent of its corn
production. How much of Zambia’s corn
production and exports is baby corn is
not known. It is noted that production
of baby corn and baby carrots depends
on hand labor due to the unsuitability
of mechanical agricultural harvesting
techniques. Zambia’s plentiful farm
labor resources provide it with an
economic advantage in the production
of these crops.
The Government of Zambia has
indicated its intention to export
approximately 400 metric tons (16 40foot shipping containers) of baby corn
and 400 metric tons of baby carrots to
the continental United States annually.
There are two large commercial
agricultural companies in Zambia (York
Farm and Chalimbana Fresh Produce
Ltd., formerly known as Agriflora
Limited) that are responsible for
producing the bulk of specialty crops
(crops that require more intensive labor
to qualify for exportation). The two
companies use either contract growers
or their own farms, which are
distributed between Zambia’s three
geographical zones to ensure year round
supply of fresh produce. In 2002,
Agriflora exported 100 metric tons of
baby corn to the United Kingdom.
According to the technical advisor of
the Organic Producer and Processor
Association of Zambia, of a total of
2,500 hectares of agricultural land
devoted to specialty crop production
that was inspected in 2004, 743 hectares
have been certified for exports.
Without additional information on the
number of U.S. producers of baby corn
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and baby carrots, the quantities they
produce, and the quantities already
being imported into the United States,
we cannot assess the potential impact of
the proposed rule on U.S. small entities.
An increase in supply can be expected
to exert downward pressure on prices.
We welcome comments that will allow
us to better determine the possible
magnitude of these price effects.
Alternatives
An alternative to the proposed rule
would be to require that a different set
of phytosanitary measures be satisfied.
Risk assessment and risk management
documents prepared by APHIS identify
one quarantine pest each for baby corn
(Phomopsis jaczewskii, a fungus) and
baby carrots (Meloidogyne ethiopica, a
nematode) proposed to be imported
from Zambia. Both commodities would
be subject to inspection at the port of
first arrival and would be required to be
accompanied by a phytosanitary
certificate. The phytosanitary certificate
for baby corn would be required to
include an additional declaration stating
that the corn has been inspected prior
to export and found free of P.
jaczewskii, based on field and
packinghouse inspections conducted by
the NPPO of Zambia. The phytosanitary
certificate for baby carrots would be
required to state that the carrots have
been inspected prior to export and
found free of M. ethiopica based on field
and packinghouse inspections
conducted by the NPPO of Zambia. Both
commodities could be imported in
commercial shipments only. In
addition, the baby carrots would have to
be free from leaves and soil. These
conditions are expected to successfully
mitigate any risks posed to U.S.
agriculture. Import requirements less or
more stringent than those proposed
would either not provide an appropriate
level of phytosanitary protection or
impose unduly burdensome measures.
We would appreciate any comments
on the potential economic effects of
allowing the importation into the
United States of baby corn and baby
carrots from Zambia, and on how the
proposed rule could be modified to
reduce expected costs or burdens for
small entities consistent with its
objectives.
This proposed rule contains certain
reporting and recordkeeping
requirements (see ‘‘Paperwork
Reduction Act’’ below).
Executive Order 12988
This proposed rule would allow baby
corn and baby carrots to be imported
into the United States from Zambia. If
this proposed rule is adopted, State and
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local laws and regulations regarding
baby corn and baby carrots 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.
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National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with allowing the
importation of baby corn and baby
carrots from Zambia into the United
States, 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).
The environmental assessment may
be viewed on the Internet on the
Regulations.gov Web site and is
available for public inspection in our
reading room. (Instructions for accessing
Regulations.gov and information on the
location and hours of the reading room
is 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. 05–059–1. Please
send a copy of your comments to: (1)
Docket No. 05–059–1, Regulatory
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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
continental United States of immature
(baby) sweet corn and fresh baby carrots
from Zambia. As a condition of entry,
both commodities would be subject to
inspection at the port of first arrival.
In addition, the proposed rule would
require each shipment of baby corn to
be accompanied by a phytosanitary
certificate issued by the NPPO of
Zambia stating that the shipment has
been inspected and found free of
Phomopsis jaczewskii. Each shipment of
baby carrots would have to be
accompanied by a phytosanitary
certificate issued by the NPPO of
Zambia stating that the shipment has
been inspected and found free of
Meloidogyne ethiopica. The baby carrots
would also have to be free from leaves
and soil.
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 0.4156 hours per
response.
Respondents: Importers, producers,
NPPOs.
Estimated annual number of
respondents: 7.
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Estimated annual number of
responses per respondent: 22.
Estimated annual number of
responses: 154.
Estimated total annual burden on
respondents: 64 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 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
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.
2. In § 319.41–1, a new paragraph (d)
would be added to read as follows:
§ 319.41–1
entry.1
Plant products permitted
*
*
*
*
*
(d) Immature, dehusked ‘‘baby’’ sweet
corn may be imported from Zambia in
accordance with § 319.56–2f(a).
3. A new § 319.56–2f would be added
to read as follows:
§ 319.56–2f Conditions governing the
entry of baby corn and baby carrots from
Zambia.
(a) Immature, dehusked ‘‘baby’’ sweet
corn (Zea mays L.) measuring 10 to 25
1 Except as provided in § 319.41–6 the regulations
in this subpart do not authorize importations
through the mails.
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millimeters (0.39 to 0.98 inches) in
diameter and 60 to 105 millimeters (2.36
to 4.13 inches) in length may be
imported into the continental United
States from Zambia only under the
following conditions:
(1) The production site, which is a
field, where the corn has been grown
must have been inspected at least once
during the growing season and before
harvest for the following pest:
Phomopsis jaczewskii.
(2) After harvest, the corn must be
inspected by Zambia’s national plant
protection organization (NPPO) and
found free of the pests listed in
paragraph (a)(1) of this section before
the corn may be shipped to the
continental United States.
(3) The corn must be inspected at the
port of first arrival as provided in
§ 319.56–6.
(4) Each shipment must be
accompanied by a phytosanitary
certificate issued by the NPPO of
Zambia that includes an additional
declaration stating that the corn has
been inspected and found free of
Phomopsis jaczewskii based on field
and packinghouse inspections.
(5) The corn may be imported in
commercial shipments only.
(b) Immature ‘‘baby’’ carrots (Daucus
carota L. ssp. sativus) for consumption
measuring 10 to 18 millimeters (0.39 to
0.71 inches) in diameter and 50 to 105
millimeters (1.97 to 4.13 inches) in
length may be imported into the
continental United States from Zambia
only under the following conditions:
(1) The production site, which is a
field, where the carrots have been grown
must have been inspected at least once
during the growing season and before
harvest for the following pest:
Meloidogyne ethiopica.
(2) After harvest, the carrots must be
inspected by the NPPO of Zambia and
found free of the pests listed in
paragraph (b)(1) of this section before
the carrots may be shipped to the
continental United States.
(3) The carrots must be inspected at
the port of first arrival as provided in
§ 319.56–6.
(4) Each shipment must be
accompanied by a phytosanitary
certificate issued by the NPPO of
Zambia that includes an additional
declaration stating that the carrots have
been inspected and found free of
Meloidogyne ethiopica based on field
and packinghouse inspections.
(5) The carrots must be free from
leaves and soil.
(6) The carrots may be imported in
commercial shipments only.
VerDate Aug<31>2005
14:19 Jan 10, 2006
Jkt 208001
Done in Washington, DC, this 4th day of
January 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. E6–134 Filed 1–10–06; 8:45 am]
BILLING CODE 3410–34–P
FARM CREDIT ADMINISTRATION
12 CFR Part 611
RIN 3052–AC29
Organization; Termination of System
Institution Status
Farm Credit Administration.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This proposed rule would
amend our regulations that allow a Farm
Credit System (FCS, Farm Credit, or
System) bank or association to terminate
its FCS charter and become a financial
institution under another Federal or
State chartering authority. With these
amendments, we propose to update the
existing regulations to clarify our
requirements, separate our review of
stockholder disclosure information from
our review of the termination itself,
improve communications, strengthen
the role of an institution’s directors in
the termination process, and make other
changes.
DATES: Please send your comments to us
by March 13, 2006.
ADDRESSES: Comments may be sent by
electronic mail to ‘‘reg-comm@fca.gov,’’
through the Pending Regulations section
of our Web site at https://www.fca.gov or
through the Government-wide https://
www.regulations.gov portal. You may
also send written comments to Gary K.
Van Meter, Deputy Director, Office of
Regulatory Policy, Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090 or by fax
to (703) 734–5784.
You may review copies of all
comments we receive at our office in
McLean, Virginia or from our Web site
at https://www.fca.gov. Once you are in
the Web site, select ‘‘Legal Info,’’ and
then select ‘‘Public Comments.’’ We will
show your comments as submitted, but
for technical reasons we may omit items
such as logos and special characters.
Identifying information you provide,
such as phone numbers and addresses,
will be publicly available. However, we
will attempt to remove electronic-mail
addresses to help reduce Internet spam.
FOR FURTHER INFORMATION CONTACT:
Dale Aultman, Senior Policy Analyst,
Office of Regulatory Policy, Farm
Credit Administration, McLean, VA
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
22102–5090, (703) 883–4414; TTY
(703) 883–4434; or
Rebecca S. Orlich, Senior Counsel,
Office of General Counsel, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4020, TTY
(703) 883–4020.
SUPPLEMENTARY INFORMATION:
I. Objectives
The objectives of our current proposal
are to:
1. Update the termination procedure
for FCS banks and associations under
sections 7.10 and 7.11 of the Farm
Credit Act of 1971, as amended (Act);
2. Ensure that the FCA, an
institution’s board of directors, and the
institution’s equity holders have
sufficient time and opportunities to be
fully informed about a termination
proposal before deciding whether to
approve the termination;
3. Provide that we may require a
terminating institution to obtain
independent analyses and rulings
regarding a proposed termination;
4. Ensure that a significant proportion
of stockholders are engaged in the
termination process; and
5. Clarify existing requirements and
ensure that stockholder disclosure
materials are informative and easy to
understand.
II. Background
The Agricultural Credit Act of 1987,
among other things, amended the Act
expressly to permit System institutions
to terminate their Farm Credit status
and become another type of financial
institution. We first issued regulations
governing terminations in 1991. At that
time, the regulations covered only
‘‘small’’ FCS associations. Our current
termination rule, published on April 12,
2002, reflected amendments to cover all
associations and banks.1 Since 1991, no
FCS bank or association has terminated
its charter under FCA regulations.
However, in 2004 one System
association adopted a commencement
resolution to terminate its Farm Credit
charter and subsequently be acquired by
the subsidiary of a non-System bank.
Ultimately, the association decided not
to be acquired and not to terminate
Farm Credit status. Although the
association never submitted a
termination application to us, the
experience presented us with an actual
event to evaluate the effectiveness and
efficiency of our existing termination
regulations. We found that, while the
existing regulations provide the basic
requirements to comply with the Act
and effect a termination, certain
1 See
E:\FR\FM\11JAP1.SGM
67 FR 17907.
11JAP1
]]>Agencies
[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Proposed Rules]
[Pages 1700-1704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-134]
========================================================================
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.
========================================================================
Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 /
Proposed Rules
[[Page 1700]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 05-059-1]
Importation of Baby Corn and Baby Carrots From Zambia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation into the continental United States
of fresh, dehusked immature (baby) sweet corn and fresh baby carrots
from Zambia. As a condition of entry, both commodities would be subject
to inspection at the port of first arrival 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 quarantine pest listed on the certificate. This action
would allow for the importation of Zambian baby corn and baby carrots
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 March
13, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov and, in the ``Search for Open Regulations'' 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-2005-0111 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 05-059-1,
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. 05-059-1.
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 https://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 Zambia has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow baby corn and baby carrots from Zambia
to be imported into the United States. As part of our evaluation of
Zambia's request, we prepared a pest risk assessment (PRA) and a risk
management document for each commodity. Copies of the PRAs and risk
management documents 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 ``Importation of Fresh, Dehusked, Immature, Baby
Corn, Zea mays L., from Zambia into the Continental United States''
(June 2005) evaluates the risks associated with the importation of baby
corn into the continental United States (the lower 48 States and
Alaska) from Zambia. The term ``baby corn'' refers to dehusked,
immature, sweet corn for consumption measuring 10 to 25 millimeters
(0.39 to 0.98 inches) in diameter and 60 to 105 millimeters (2.36 to
4.13 inches) in length. The PRA and supporting documents identified one
pest of quarantine significance present in Zambia, the fungus Phomopsis
jaczewskii Panasenko, that could be introduced into the United States
via baby corn. Although information on P. jaczewskii is limited, it is
considered likely to follow the pathway because it infects corn
kernels. Some species of Phomopsis, though not necessarily P.
jaczewskii, may produce latent infections that could escape detection
during post-harvest processing.
Post-harvest processing for commercial baby corn typically involves
dehusking and removal of the silks. Pickers and packers in Zambia are
directed to reject any corn showing mechanical damage, shriveling and
softness, disease, rot or decay, pest damage, or tissue breakdown. At
the packing facility, cobs are blast chilled for 1 hour, or long enough
to bring the temperature down to 2 [deg]C (35.6 [deg]F), then are
stored at 4 to 6 [deg]C (39.2 to 42.8 [deg]F) for a maximum of 2 days
before packaging. The baby corn would be exported to the continental
United States in shrink-wrapped, microwavable trays or boil-ready
plastic bags.
Because fungi in the genus Phomopsis can remain dormant for a
period until required environmental conditions are met before producing
spore-bearing structures, APHIS has determined that measures beyond
standard port of entry inspection are required to mitigate the plant
pest risk of this fungus. The proposed phytosanitary measures include a
requirement for each shipment of corn to be accompanied by a
phytosanitary certificate issued by the NPPO of Zambia that includes an
additional declaration stating that the corn has been inspected and
found free of Phomopsis jaczewskii based on field
[[Page 1701]]
and packinghouse inspections. The proposed requirement for an
additional declaration would provide phytosanitary security by
requiring the NPPO of Zambia or its designee to conduct phytosanitary
inspections for this pest both in the field during the growing season
and at the packinghouse prior to export to ensure that the corn is free
from P. jaczewskii. This would increase the inspections the corn
receives by requiring phytosanitary inspections in addition to the
normal packinghouse quality inspection.
Furthermore, specifically listing the pest on the additional
declaration would alert U.S. inspectors to the specific pest of
concern. Additionally, the commodity imports would be restricted solely
to commercial shipments within the continental United States.
We have determined these proposed measures would provide an
appropriate level of phytosanitary protection for the importation of
baby corn from Zambia. Phomopsis seed rots generally affect crops left
in the field after maturity prior to harvesting. Corn picked prior to
maturity, in contrast, is less exposed to inoculum, and less likely to
become infected or harbor asymptomatic infections. Additionally, the
NPPO of Zambia would routinely conduct field inspections and the corn
would be dehusked and inspected as part of the packing process. These
measures, including the requirement for a phytosanitary certificate,
would provide an appropriate level of phytosanitary protection for the
importation of baby corn from Zambia.
The regulations in ``Subpart--Indian Corn or Maize, Broomcorn, and
Related Plants'' (Sec. Sec. 319.41 through 319.41-6) prohibit or
restrict the importation of Indian corn or maize, broomcorn, and
related plants in order to prevent the introduction of plant pests into
the United States. The regulations in Sec. 319.41-1 list articles of
Indian corn or maize, broomcorn, and related plants that are eligible
for importation into the United States and the conditions under which
they may be imported. To reflect our proposed addition of baby corn
from Zambia to the fruits and vegetables regulations, we are proposing
to amend Sec. 319.41-1 by adding a new paragraph (d) that would list
immature, dehusked (baby) sweet corn imported from Zambia in accordance
with a new Sec. 319.56-2f among the articles eligible for importation.
The PRA titled ``Importation of Baby Carrot, Daucus carota L. ssp.
sativus, from Zambia into the Continental United States'' (June 2005),
evaluates the risks associated with the importation of baby carrots
into the continental United States from Zambia. The term ``baby
carrot'' refers to immature carrots for consumption measuring 10 to 18
millimeters (0.39 to 0.71 inches) in diameter and 50 to 105 millimeters
(1.97 to 4.13 inches) in length. The PRA and supporting documents
identified one pest of quarantine significance that could be introduced
in the United States via baby carrots from Zambia, the nematode
Meloidogyne ethiopica Whitehead. It is possible, however, that M.
ethiopica does not occur in Zambia. The assumption that M. ethiopica
occurs with carrots in Zambia was based on the fact that Zambia borders
Zimbabwe, where the nematode was once collected, and that the nematode
has been associated with carrots in South Africa. The Zambian NPPO
recently provided a statement that field surveys and literature reviews
did not indicate any record of the pest having been detected in Zambia.
Post-harvest processing for commercial carrots typically involves
trimming to remove tops and washing and brushing to remove soil as well
as adventitious roots. Pickers and packers in Zambia are directed to
reject any carrots showing any mechanical damage, pest damage,
malformed roots, disease, or soil contamination. Meloidogyne species
typically cause roots to be malformed with numerous galls or knots,
which would cause the carrots to be culled during post-harvest
processing. At the packing facility, the carrots are blast chilled for
1 hour, or long enough to bring the temperature down to 4 [deg]C (39.2
[deg]F), then stored at 5 to 7 [deg]C (41 to 44.6 [deg]F) for a maximum
of 4 days before packaging. The baby carrots would be exported to the
continental United States in shrink-wrapped, microwavable trays or
boil-ready plastic bags.
Because the climate of the United States is generally favorable to
the establishment of M. ethiopica, and because M. ethiopica feeds on a
wide variety of host plants, APHIS has determined that measures beyond
standard port of entry inspection are required to mitigate the plant
pest risk of this nematode. The proposed phytosanitary measures include
a requirement for each shipment of carrots to be accompanied by a
phytosanitary certificate issued by the NPPO of Zambia that includes an
additional declaration stating that the carrots have been inspected and
found free of Meloidogyne ethiopica based on field and packinghouse
inspections. The NPPO of Zambia or its designee would conduct field
inspections during the growing season and at the packinghouse to ensure
that the carrots are free from M. ethiopica. Additionally, the carrots
would have to be free from leaves and soil. The commodity imports would
be restricted solely to commercial shipments within the continental
United States.
We have determined these proposed measures would provide an
appropriate level of phytosanitary protection for the importation of
baby carrots from Zambia, given that the nematode may not be present in
Zambia and because root knot nematodes tend to produce recognizable
symptoms which would cause the carrots to be culled during post-harvest
procedures. The proposed requirement for a phytosanitary certificate
with an additional declaration would provide phytosanitary security by
requiring the NPPO of Zambia or its designee to conduct phytosanitary
inspections for this pest. This doubles the number of inspections the
carrots would receive by requiring a phytosanitary inspection at the
production site in addition to the normal packinghouse quality
inspection. Furthermore, specifically listing the pest on the
additional declaration would alert U.S. inspectors to the specific pest
of concern.
To reflect our proposed addition to the fruits and vegetables
regulations of baby carrots from Zambia, we are proposing to add a new
Sec. 319.56-2f governing the conditions of entry of baby corn and baby
carrots from Zambia into the continental United States.
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.
Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary
of Agriculture is authorized to regulate the importation of plants,
plant products, and other articles to prevent the introduction of plant
pests into the United States or the dissemination of plant pests within
the United States. In response to a request from the Government of
Zambia, and after conducting pest risk assessments, APHIS is proposing
to allow the importation from Zambia of commercial shipments of fresh,
dehusked immature (baby) sweet corn for consumption and fresh baby
carrots for consumption. Both commodities would be allowed to be
imported only into the continental United States.
[[Page 1702]]
Effects on Small Entities
The Regulatory Flexibility Act requires agencies to consider the
economic impact of their regulations on small entities and to use
flexibility to provide regulatory relief when regulations create
economic disparities between differently sized entities. In accordance
with the Act, APHIS has performed an initial regulatory flexibility
analysis regarding the economic effects of this proposed rule on small
entities. We do not have all the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities that
may incur benefits or costs from the implementation of this proposed
rule, as data on the number and size of U.S. producers of the
commodities proposed for importation into the United States in this
document are not available. However, based on the information we do
have, we believe that most if not all of the businesses affected by the
proposed rule would be small, and there is no reason to conclude that
adoption of this proposed rule would result in any significant economic
effect on a substantial number of small entities.
U.S. entities that could be affected by the proposed rule are
domestic producers of baby corn and baby carrots, and wholesalers that
would import the two commodities. Restaurants or other retailers that
would subsequently purchase the items could be indirectly affected.
Businesses producing baby corn or baby carrots are classified in the
North American Industry Classification System (NAICS) within the
category of Other Vegetable (except Potato) and Melon Farming (NAICS
code 111219). The Small Business Administration's (SBA) small-entity
definition for these producers is annual receipts of not more than
$750,000. Firms that would import the baby corn and baby carrots from
Zambia are defined as small entities if they have 100 or fewer
employees (NAICS code 424480, Fresh Fruit and Vegetable Merchant
Wholesalers). The wholesale sector comprises two types of wholesalers,
those that sell goods on their own account and those that arrange sales
and purchases for others for a commission or fee. Importers are
included in both cases.
As stated above, we believe that most if not all of the businesses
affected by the proposed rule would be small since, in general, firms
engaged in production and importation of agricultural commodities are
predominantly small.
APHIS has not been able to obtain production or trade data that is
specific to baby carrots, and only limited information on baby corn.
Statistical information on baby corn production is limited because
producing countries either include it within the sweet corn category,
as is done in the United States, or do not report production of this
commodity at all. Quantities of baby corn produced, imported, and
consumed in the United States are not known. According to industry
sources, it is grown in California, and the largest foreign supplier is
Costa Rica. Other sources are Mexico, Guatemala, and Honduras. Mexico
provided 92 percent of U.S. fresh sweet corn imports during 1998-2000,
with the majority arriving during the winter (December to April). Fresh
baby corn is included in these imports; however its amount is unknown.
We welcome information that the public may offer that would allow for a
better estimate of the number of small entities expected to be affected
by the proposed rule.
The Food and Agriculture Organization of the United Nations'
statistics indicate that Zambia produced an average of 750,000 metric
tons of corn per year between 1997 and 2002 and exported 1 percent of
its corn production. How much of Zambia's corn production and exports
is baby corn is not known. It is noted that production of baby corn and
baby carrots depends on hand labor due to the unsuitability of
mechanical agricultural harvesting techniques. Zambia's plentiful farm
labor resources provide it with an economic advantage in the production
of these crops.
The Government of Zambia has indicated its intention to export
approximately 400 metric tons (16 40-foot shipping containers) of baby
corn and 400 metric tons of baby carrots to the continental United
States annually. There are two large commercial agricultural companies
in Zambia (York Farm and Chalimbana Fresh Produce Ltd., formerly known
as Agriflora Limited) that are responsible for producing the bulk of
specialty crops (crops that require more intensive labor to qualify for
exportation). The two companies use either contract growers or their
own farms, which are distributed between Zambia's three geographical
zones to ensure year round supply of fresh produce. In 2002, Agriflora
exported 100 metric tons of baby corn to the United Kingdom. According
to the technical advisor of the Organic Producer and Processor
Association of Zambia, of a total of 2,500 hectares of agricultural
land devoted to specialty crop production that was inspected in 2004,
743 hectares have been certified for exports.
Without additional information on the number of U.S. producers of
baby corn and baby carrots, the quantities they produce, and the
quantities already being imported into the United States, we cannot
assess the potential impact of the proposed rule on U.S. small
entities. An increase in supply can be expected to exert downward
pressure on prices. We welcome comments that will allow us to better
determine the possible magnitude of these price effects.
Alternatives
An alternative to the proposed rule would be to require that a
different set of phytosanitary measures be satisfied. Risk assessment
and risk management documents prepared by APHIS identify one quarantine
pest each for baby corn (Phomopsis jaczewskii, a fungus) and baby
carrots (Meloidogyne ethiopica, a nematode) proposed to be imported
from Zambia. Both commodities would be subject to inspection at the
port of first arrival and would be required to be accompanied by a
phytosanitary certificate. The phytosanitary certificate for baby corn
would be required to include an additional declaration stating that the
corn has been inspected prior to export and found free of P.
jaczewskii, based on field and packinghouse inspections conducted by
the NPPO of Zambia. The phytosanitary certificate for baby carrots
would be required to state that the carrots have been inspected prior
to export and found free of M. ethiopica based on field and
packinghouse inspections conducted by the NPPO of Zambia. Both
commodities could be imported in commercial shipments only. In
addition, the baby carrots would have to be free from leaves and soil.
These conditions are expected to successfully mitigate any risks posed
to U.S. agriculture. Import requirements less or more stringent than
those proposed would either not provide an appropriate level of
phytosanitary protection or impose unduly burdensome measures.
We would appreciate any comments on the potential economic effects
of allowing the importation into the United States of baby corn and
baby carrots from Zambia, and on how the proposed rule could be
modified to reduce expected costs or burdens for small entities
consistent with its objectives.
This proposed rule contains certain reporting and recordkeeping
requirements (see ``Paperwork Reduction Act'' below).
Executive Order 12988
This proposed rule would allow baby corn and baby carrots to be
imported into the United States from Zambia. If this proposed rule is
adopted, State and
[[Page 1703]]
local laws and regulations regarding baby corn and baby carrots
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.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with
allowing the importation of baby corn and baby carrots from Zambia into
the United States, 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).
The environmental assessment may be viewed on the Internet on the
Regulations.gov Web site and is available for public inspection in our
reading room. (Instructions for accessing Regulations.gov and
information on the location and hours of the reading room is 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. 05-059-1.
Please send a copy of your comments to: (1) Docket No. 05-059-1,
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 continental United States
of immature (baby) sweet corn and fresh baby carrots from Zambia. As a
condition of entry, both commodities would be subject to inspection at
the port of first arrival.
In addition, the proposed rule would require each shipment of baby
corn to be accompanied by a phytosanitary certificate issued by the
NPPO of Zambia stating that the shipment has been inspected and found
free of Phomopsis jaczewskii. Each shipment of baby carrots would have
to be accompanied by a phytosanitary certificate issued by the NPPO of
Zambia stating that the shipment has been inspected and found free of
Meloidogyne ethiopica. The baby carrots would also have to be free from
leaves and soil.
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 0.4156 hours per response.
Respondents: Importers, producers, NPPOs.
Estimated annual number of respondents: 7.
Estimated annual number of responses per respondent: 22.
Estimated annual number of responses: 154.
Estimated total annual burden on respondents: 64 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 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 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.
2. In Sec. 319.41-1, a new paragraph (d) would be added to read as
follows:
Sec. 319.41-1 Plant products permitted entry.\1\
---------------------------------------------------------------------------
\1\ Except as provided in Sec. 319.41-6 the regulations in this
subpart do not authorize importations through the mails.
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* * * * *
(d) Immature, dehusked ``baby'' sweet corn may be imported from
Zambia in accordance with Sec. 319.56-2f(a).
3. A new Sec. 319.56-2f would be added to read as follows:
Sec. 319.56-2f Conditions governing the entry of baby corn and baby
carrots from Zambia.
(a) Immature, dehusked ``baby'' sweet corn (Zea mays L.) measuring
10 to 25
[[Page 1704]]
millimeters (0.39 to 0.98 inches) in diameter and 60 to 105 millimeters
(2.36 to 4.13 inches) in length may be imported into the continental
United States from Zambia only under the following conditions:
(1) The production site, which is a field, where the corn has been
grown must have been inspected at least once during the growing season
and before harvest for the following pest: Phomopsis jaczewskii.
(2) After harvest, the corn must be inspected by Zambia's national
plant protection organization (NPPO) and found free of the pests listed
in paragraph (a)(1) of this section before the corn may be shipped to
the continental United States.
(3) The corn must be inspected at the port of first arrival as
provided in Sec. 319.56-6.
(4) Each shipment must be accompanied by a phytosanitary
certificate issued by the NPPO of Zambia that includes an additional
declaration stating that the corn has been inspected and found free of
Phomopsis jaczewskii based on field and packinghouse inspections.
(5) The corn may be imported in commercial shipments only.
(b) Immature ``baby'' carrots (Daucus carota L. ssp. sativus) for
consumption measuring 10 to 18 millimeters (0.39 to 0.71 inches) in
diameter and 50 to 105 millimeters (1.97 to 4.13 inches) in length may
be imported into the continental United States from Zambia only under
the following conditions:
(1) The production site, which is a field, where the carrots have
been grown must have been inspected at least once during the growing
season and before harvest for the following pest: Meloidogyne
ethiopica.
(2) After harvest, the carrots must be inspected by the NPPO of
Zambia and found free of the pests listed in paragraph (b)(1) of this
section before the carrots may be shipped to the continental United
States.
(3) The carrots must be inspected at the port of first arrival as
provided in Sec. 319.56-6.
(4) Each shipment must be accompanied by a phytosanitary
certificate issued by the NPPO of Zambia that includes an additional
declaration stating that the carrots have been inspected and found free
of Meloidogyne ethiopica based on field and packinghouse inspections.
(5) The carrots must be free from leaves and soil.
(6) The carrots may be imported in commercial shipments only.
Done in Washington, DC, this 4th day of January 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-134 Filed 1-10-06; 8:45 am]
BILLING CODE 3410-34-P
