Importation of Baby Corn and Baby Carrots From Zambia, 29766-29769 [06-4813]
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29766
Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations
Iosco and Ogemaw Counties. Londo
Lake area: That portion of Iosco and
Ogemaw Counties bounded by a line
drawn as follows: Beginning at the
intersection of Michigan Route 65 and
Kokosing Road; then south on Michigan
Route 65 to the intersection of Galion
Road and the Reno and Plainsfield
Township lines; then west along the
Reno and Plainfield Township lines to
Peters Road; then west on Peters Road
to Sage Lake Road; then north and west
on Sage Lake Road to Laird Lake Road;
then north along an imaginary line to
Short Lake Road; then continuing north
on Short Lake Road to East Rose City
Road; then east on East Rose City Road
to Long Lake Road; then north on Long
Lake Road to Kokosing Road; then east
on Kokosing Road to the point of
beginning.
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Kalamazoo County. Leonidas area:
That portion of Wakeshma Township
south of W Avenue.
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Mason County. Ludington area: That
portion of the county west of North
Lincoln Road, including Hamlin
Township.
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Montcalm County. (1) Crystal Lake
area: * * *
(2) Vestaburg area: That portion of
Home Township east of Deja Road and
that portion of Richland Township west
of Douglas Road.
Montmorency County. Long Lake area:
That portion of the county bounded by
a line drawn as follows: Beginning at
the intersection of County Road 452 and
Hubert Road; then west on Hubert Road
to the point where it turns northwest;
then south from this point along an
imaginary line to County Road 628; then
west and southwest on County Road 628
to Voyer Lake Road; then south on
Voyer Lake Road to Brush Creek Truck
Trail; then east on Brush Creek Truck
Trail to Pine Oaks Road; then south on
Pine Oaks Road to Pleasant Valley Road;
the east on Pleasant Valley Road to State
Street; then north on State Street to
where it becomes County Road 451;
then north on County Road 451 to
County Road 452; then north on County
Road 452 to the point of beginning.
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Oceana County. (1) Pentwater area:
Pentwater Township, including the
Village of Pentwater.
(2) Silver Lake area: That portion of
the county bounded by a line drawn as
follows: Beginning at the intersection of
48th Avenue and Deer Road; then west
on Deer Road to 40th Avenue; then
north on 40th Avenue to Lake Road;
then west on Lake Road to Ridge Road;
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then north on Ridge Road to Harrison
Road; then west on Harrison Road to its
end and continuing west along an
imaginary line to the Lake Michigan
shoreline; then southwest along the
Lake Michigan shoreline to a point due
west of the west end of Buchanan Road;
then east from that point along an
imaginary line to Buchanan Road; then
east on Buchanan Road to 48th Avenue;
then north on 48th Avenue to the point
of beginning.
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Presque Isle County. (1) Ocqueoc Lake
area: * * *
(2) Posen area: That portion of Posen
Township east of Michigan Route 65,
and that portion of Krakow Township
west of a north-south line defined by
Basswood Road and south of the line
defined by the northern boundaries of
sections 4, 5, and 6 of township 33
north, range 7 east.
Roscommon County. Saint Helen area:
That portion of the county bounded by
a line drawn as follows: Beginning at
the intersection of Interstate 75 and
Marl Lake Road; then south and east on
Interstate 75 to the Roscommon/
Ogemaw County line; then north along
the Roscommon/Ogemaw County line to
Marl Lake Road; then west on Marl Lake
Road to its end and continuing west
along an imaginary line to Marl Lake
Road; then west on Marl Lake Road to
the point of beginning.
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Sanilac County. The entire county.
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St. Joseph County. (1) Nottawa/Colon
area: * * *
(2) Leonidas area: Leonidas
Township.
Van Buren County. Hartford/
Watervliet area: That portion of Bangor
Township south of County Road 376
and west of County Road 687; that
portion of Covert Township south of
County Road 376 and east of Michigan
Route 140; that portion of Hartford
Township west of 62nd Street and the
City of Hartford; and Watervliet
Township and the City of Watervliet.
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Ohio
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Defiance County. The entire county.
Delaware County. Delaware
Township, Orange Township.
Erie County. The entire county,
excluding Kelleys Island.
Fulton County. The entire county.
Hancock County. Allen Township,
Cass Township, Pleasant Township,
Portage Township, and Washington
Township.
Henry County. The entire county.
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Huron County. Bronson Township,
Clarksfield Township, Harland
Township, Lyme Township, Norwalk
Township, Peru Township, Ridgefield
Township, Sherman Township,
Townsend Township, and Wakeman
Township.
Lorain County. Brownhelm
Township, Camden Township,
Henrietta Township, and the City of
Vermilion.
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Ottawa County. The entire county,
excluding Ballast, Green, Middle Bass,
North Bass, Rattlesnake, South Bass,
Starve, and Sugar Islands.
Sandusky County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Done in Washington, DC, this 18th day of
May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 06–4812 Filed 5–23–06; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. 05–059–2]
Importation of Baby Corn and Baby
Carrots From Zambia
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: We are amending 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 will be subject to
inspection at the port of first arrival and
will 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 will 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: Effective Date: May 24, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharon Porsche, Import Specialist,
Commodity Import Analysis and
Operations, Plant Health Programs,
PPQ, APHIS, 4700 River Road Unit 133,
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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations
Riverdale, MD 20737–1231; (301) 734–
8758.
SUPPLEMENTARY INFORMATION:
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Background
The regulations in ‘‘Subpart—Fruits
and Vegetables’’ (7 CFR 319.56 through
319.56–8, referred to below as the
regulations) prohibit or restrict the
importation of fruits and vegetables into
the United States from certain parts of
the world to prevent the introduction
and dissemination of plant pests that are
new to or not widely distributed within
the United States.
On January 11, 2006, we published in
the Federal Register (71 FR 1700–1704,
Docket No. 05–059–1) a proposal 1 to
amend the fruit and vegetable
regulations to allow the importation of
baby corn and baby carrots from Zambia
into the continental United States under
certain conditions. As a condition of
entry, we proposed that 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.
We solicited comments concerning
our proposal for 60 days ending March
13, 2006. We received two comments by
that date. One comment was from a
private citizen who supported the
proposed rule, but asked whether the
national plant protection organization
(NPPO) of Zambia has agreed to provide
the certification that would be required
in the rule. The mitigation measures for
both baby carrots and baby corn were
discussed with the NPPO of Zambia and
agreed to in writing prior to the
publication of the proposed rule.
The second comment, from an official
with a State department of agriculture,
expressed concern that the root knot
nematode Meloidogyne ethiopica could
enter the United States on baby carrots
and suggested that an annual laboratory
analysis of soil and root samples be
required along with the required field
inspections.
The NPPO of Zambia has agreed that
shipments of baby carrots would be
accompanied by a phytosanitary
certificate with an additional
declaration stating that the carrots in the
shipment have been inspected and
found free from M. ethiopica. Under the
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov, click
on the ‘‘Advanced Search’’ tab, and select ‘‘Docket
Search.’’ In the Docket ID field, enter APHIS–2005–
0111, then click on ‘‘Submit.’’ Clicking on the
Docket ID link in the search results page will
produce a list of all documents in the docket.
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International Plant Protection
Convention (IPPC), an additional
declaration (AD) is a statement which is
required by an importing country (in
this case, the United States) to be
entered on a phytosanitary certificate
and which provides specific additional
information pertinent to the
phytosanitary condition of a
consignment. Zambia follows the IPPC
standards for phytosanitary
certification. The NPPO of Zambia will,
therefore, be performing the tests that
are necessary to issue the phytosanitary
certificate with the requisite AD. These
necessary tests include the annual soil
and root sampling tests suggested by the
commenter.
Further, the pest risk assessment
states ‘‘The risk assessment assumed
that M. ethiopica was present with
carrots in Zambia, based on evidence
that the nematode was described from
neighboring Zimbabwe and that the
nematode can infect carrots.’’ It is
unknown whether M. ethiopica is
present in Zambia, however, we have
evaluated the risk of introducing M.
ethiopica into the United States through
the importation of baby carrots from
Zambia. The requirement of the
additional declaration is a preemptive,
preventative measure being taken in
case this nematode ever does become
established in Zambia.
Meloidogyne species typically cause
roots to be malformed with numerous
gall or knots, which would cause
infected carrots to be culled due to postharvest processing. In addition, the
harvesting and post-harvesting
processing of baby carrots in Zambia is
all done by hand. The post-harvest
processing procedures involve five
points of handling and inspection,
including an initial wash, hand
trimming or slicing, commodity grading,
another wash, and finally hand
packaging. The packinghouse personnel
are trained to recognize and reject
malformed carrots for export to the
United States. These phytosanitary
measures are taken to ensure that M.
ethiopica does not enter into the United
States through the importation of baby
carrots from Zambia.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Effective Date
This is a substantive rule that relieves
restrictions and, pursuant to the
provisions of 5 U.S.C. 553, may be made
effective less than 30 days after
publication in the Federal Register.
Immediate implementation of this
rule is necessary to provide relief to
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those persons who are adversely
affected by restrictions we no longer
find warranted. Therefore, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this rule should be
effective upon publication in the
Federal Register.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. The rule has
been determined to be not significant for
the purposes of Executive Order 12866
and, therefore, has not been reviewed by
the Office of Management and Budget.
We are amending the fruits and
vegetables regulations to allow the
importation into the continental United
States of fresh, dehusked immature
(baby) sweet corn and fresh baby carrots
from Zambia. As a condition of entry,
both commodities will be subject to
inspection at the port of first arrival and
will 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 will 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.
The Regulatory Flexibility Act (RFA)
requires that agencies consider the
economic impact of their rules on small
businesses, organizations, and
governmental jurisdictions. In
accordance with section 604 of the RFA,
we have prepared a final regulatory
flexibility analysis describing the
expected impact of the changes in this
rule on small entities. During the
comment period for our proposed rule,
we did not receive any comments
pertaining to the initial regulatory
flexibility analysis presented in that
document.
U.S. entities that could be affected by
this 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) smallentity 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
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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations
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.
We believe that most if not all of the
businesses affected by this rule will 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.
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
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companies use either contract growers
or their own farms, which are
distributed between Zambia’s three
geographical zones to ensure a 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.
During the comment period for our
proposed rule, we did not receive any
information on the number of small
entities that may be affected. 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 this rule on U.S.
small entities. An increase in supply
can be expected to exert downward
pressure on prices and thus benefit U.S.
consumers. U.S. importers of these
commodities are also expected to
benefit.
As discussed in the proposed rule’s
initial regulatory flexibility analysis, an
alternative to this rule would be to
require that a different set of
phytosanitary measures be satisfied.
However, we have concluded that the
import conditions prescribed in this
rule are appropriate and necessary to
address the risks associated with the
importation of baby corn and baby
carrots from Zambia, and that import
requirements less or more stringent than
those in this rule would either not
provide an appropriate level of
phytosanitary protection or impose
unduly burdensome measures.
This rule contains information
collection or recordkeeping
requirements (see ‘‘Paperwork
Reduction Act’’ below).
Executive Order 12988
This final rule allows baby corn and
baby carrots to be imported into the
continental United States from Zambia.
State and local laws and regulations
regarding baby corn and baby carrots
imported under this rule will be
preempted while the fruit is in foreign
commerce. Fresh baby corn and baby
carrots are generally imported for
immediate distribution and sale to the
consuming public, and remain in
foreign commerce until sold to the
ultimate consumer. The question of
when foreign commerce ceases in other
cases must be addressed on a case-bycase basis. No retroactive effect will be
given to this rule, and this rule will not
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require administrative proceedings
before parties may file suit in court
challenging this rule.
National Environmental Policy Act
An environmental assessment was
prepared for, and made available for
public comment through, the proposed
rule for this rulemaking. No comments
regarding the environmental assessment
were received during the comment
period for the proposed rule. The
environmental assessment provides a
basis for the conclusion that the
importation of baby corn and baby
carrots under the conditions specified in
this rule will not have a significant
impact on the quality of the human
environment. Based on the finding of no
significant impact, the Administrator of
the Animal and Plant Health Inspection
Service has determined that an
environmental impact statement need
not be prepared.
The environmental assessment and
finding of no significant impact were
prepared in accordance with: (1) The
National Environmental Policy Act of
1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), (2) regulations of the
Council on Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
The environmental assessment and
finding of no significant impact may be
viewed on the Regulations.gov Web
site.2 Copies of the environmental
assessment and finding of no significant
impact are also available for public
inspection at USDA, room 1141, South
Building, 14th Street and Independence
Avenue, SW., Washington, DC, between
8 a.m. and 4:30 p.m., Monday through
Friday, except holidays. Persons
wishing to inspect copies are requested
to call ahead on (202) 690–2817 to
facilitate entry into the reading room. In
addition, copies may be obtained by
writing to the individual listed under
FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et. seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
2 Go to https://www.regulations.gov, click on the
‘‘Advanced Search’’ tab and select ‘‘Docket Search.’’
In the Docket ID field, enter APHIS–2005–0111,
click on ‘‘Submit,’’ then click on the Docket ID link
in the search results page. The environmental
assessment and finding of no significant impact will
appear in the resulting list of documents.
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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations
(OMB) under OMB control number
0579–0284.
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 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 are amending 7 CFR
part 319 as follows:
I
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
I
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.
I 2. In § 319.41–1, a new paragraph (d)
is added to read as follows:
§ 319.41–1
entry.1
Plant products permitted
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(d) Immature, dehusked ‘‘baby’’ sweet
corn may be imported from Zambia in
accordance with § 319.56–2f(a).
I 3. A new § 319.56–2f is added to read
as follows:
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§ 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
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.
1 Except as provided in § 319.41–6 the regulations
in this subpart do not authorize importations
through the mails.
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(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.
(Approved by the Office of Management and
Budget under control number 0579–0284)
Done in Washington, DC, this 19th day of
May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 06–4813 Filed 5–23–06; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 93
[Docket No. 00–022–2]
Standards for Privately Owned
Quarantine Facilities for Ruminants
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: We are amending the
regulations for the importation of
ruminants into the United States to
establish standards for privately owned
quarantine facilities. The regulations
have authorized the establishment of
privately operated quarantine facilities
for ruminants, which are subject to
approval and oversight by the Animal
and Plant Health Inspection Service, but
have not provided specific standards for
the approval, operation, and oversight of
such facilities, with the exception of
privately operated quarantine facilities
for sheep or goats. Based on recent
interest in establishing such facilities for
cattle, we are adding standards for
privately owned quarantine facilities
covering all ruminants to ensure that
any facilities that may be approved for
this purpose operate in a manner that
protects the health of the U.S. livestock
population.
DATES: Effective Date: June 23, 2006.
FOR FURTHER INFORMATION CONTACT: Dr.
Arnaldo Vaquer, Senior Staff
Veterinarian, National Center for Import
and Export, VS, APHIS, USDA, 4700
River Road Unit 39, Riverdale, MD
20737–1231; (301) 734–3277.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93
govern the importation into the United
States of specified animals and animal
products in order to help prevent the
introduction of various animal diseases
into the United States. The regulations
in part 93 require, among other things,
that certain animals, as a condition of
entry, be quarantined upon arrival in
the United States. The Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
operates animal quarantine facilities.
We also authorize the use of quarantine
facilities that are privately owned and
operated for certain animal
importations.
The regulations at subpart D of part 93
(9 CFR 93.400 through 93.435, and
referred to below as the regulations)
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29766-29769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4813]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 05-059-2]
Importation of Baby Corn and Baby Carrots From Zambia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation into the continental United States of fresh, dehusked
immature (baby) sweet corn and fresh baby carrots from Zambia. As a
condition of entry, both commodities will be subject to inspection at
the port of first arrival and will 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 will 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: Effective Date: May 24, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist,
Commodity Import Analysis and Operations, Plant Health Programs, PPQ,
APHIS, 4700 River Road Unit 133,
[[Page 29767]]
Riverdale, MD 20737-1231; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56
through 319.56-8, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
On January 11, 2006, we published in the Federal Register (71 FR
1700-1704, Docket No. 05-059-1) a proposal \1\ to amend the fruit and
vegetable regulations to allow the importation of baby corn and baby
carrots from Zambia into the continental United States under certain
conditions. As a condition of entry, we proposed that 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.
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\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov, click on the ``Advanced Search'' tab,
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0111, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
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We solicited comments concerning our proposal for 60 days ending
March 13, 2006. We received two comments by that date. One comment was
from a private citizen who supported the proposed rule, but asked
whether the national plant protection organization (NPPO) of Zambia has
agreed to provide the certification that would be required in the rule.
The mitigation measures for both baby carrots and baby corn were
discussed with the NPPO of Zambia and agreed to in writing prior to the
publication of the proposed rule.
The second comment, from an official with a State department of
agriculture, expressed concern that the root knot nematode Meloidogyne
ethiopica could enter the United States on baby carrots and suggested
that an annual laboratory analysis of soil and root samples be required
along with the required field inspections.
The NPPO of Zambia has agreed that shipments of baby carrots would
be accompanied by a phytosanitary certificate with an additional
declaration stating that the carrots in the shipment have been
inspected and found free from M. ethiopica. Under the International
Plant Protection Convention (IPPC), an additional declaration (AD) is a
statement which is required by an importing country (in this case, the
United States) to be entered on a phytosanitary certificate and which
provides specific additional information pertinent to the phytosanitary
condition of a consignment. Zambia follows the IPPC standards for
phytosanitary certification. The NPPO of Zambia will, therefore, be
performing the tests that are necessary to issue the phytosanitary
certificate with the requisite AD. These necessary tests include the
annual soil and root sampling tests suggested by the commenter.
Further, the pest risk assessment states ``The risk assessment
assumed that M. ethiopica was present with carrots in Zambia, based on
evidence that the nematode was described from neighboring Zimbabwe and
that the nematode can infect carrots.'' It is unknown whether M.
ethiopica is present in Zambia, however, we have evaluated the risk of
introducing M. ethiopica into the United States through the importation
of baby carrots from Zambia. The requirement of the additional
declaration is a preemptive, preventative measure being taken in case
this nematode ever does become established in Zambia.
Meloidogyne species typically cause roots to be malformed with
numerous gall or knots, which would cause infected carrots to be culled
due to post-harvest processing. In addition, the harvesting and post-
harvesting processing of baby carrots in Zambia is all done by hand.
The post-harvest processing procedures involve five points of handling
and inspection, including an initial wash, hand trimming or slicing,
commodity grading, another wash, and finally hand packaging. The
packinghouse personnel are trained to recognize and reject malformed
carrots for export to the United States. These phytosanitary measures
are taken to ensure that M. ethiopica does not enter into the United
States through the importation of baby carrots from Zambia.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. Therefore, the Administrator of the Animal
and Plant Health Inspection Service has determined that this rule
should be effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the fruits and vegetables regulations to allow the
importation into the continental United States of fresh, dehusked
immature (baby) sweet corn and fresh baby carrots from Zambia. As a
condition of entry, both commodities will be subject to inspection at
the port of first arrival and will 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 will 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.
The Regulatory Flexibility Act (RFA) requires that agencies
consider the economic impact of their rules on small businesses,
organizations, and governmental jurisdictions. In accordance with
section 604 of the RFA, we have prepared a final regulatory flexibility
analysis describing the expected impact of the changes in this rule on
small entities. During the comment period for our proposed rule, we did
not receive any comments pertaining to the initial regulatory
flexibility analysis presented in that document.
U.S. entities that could be affected by this 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
[[Page 29768]]
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.
We believe that most if not all of the businesses affected by this
rule will 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.
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 a 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.
During the comment period for our proposed rule, we did not receive
any information on the number of small entities that may be affected.
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 this rule on U.S. small entities. An increase in
supply can be expected to exert downward pressure on prices and thus
benefit U.S. consumers. U.S. importers of these commodities are also
expected to benefit.
As discussed in the proposed rule's initial regulatory flexibility
analysis, an alternative to this rule would be to require that a
different set of phytosanitary measures be satisfied. However, we have
concluded that the import conditions prescribed in this rule are
appropriate and necessary to address the risks associated with the
importation of baby corn and baby carrots from Zambia, and that import
requirements less or more stringent than those in this rule would
either not provide an appropriate level of phytosanitary protection or
impose unduly burdensome measures.
This rule contains information collection or recordkeeping
requirements (see ``Paperwork Reduction Act'' below).
Executive Order 12988
This final rule allows baby corn and baby carrots to be imported
into the continental United States from Zambia. State and local laws
and regulations regarding baby corn and baby carrots imported under
this rule will be preempted while the fruit is in foreign commerce.
Fresh baby corn and baby carrots are generally imported for immediate
distribution and sale to the consuming public, and remain in foreign
commerce until sold to the ultimate consumer. The question of when
foreign commerce ceases in other cases must be addressed on a case-by-
case basis. No retroactive effect will be given to this rule, and this
rule will not require administrative proceedings before parties may
file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment was prepared for, and made available
for public comment through, the proposed rule for this rulemaking. No
comments regarding the environmental assessment were received during
the comment period for the proposed rule. The environmental assessment
provides a basis for the conclusion that the importation of baby corn
and baby carrots under the conditions specified in this rule will not
have a significant impact on the quality of the human environment.
Based on the finding of no significant impact, the Administrator of the
Animal and Plant Health Inspection Service has determined that an
environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessment and finding of no significant impact
may be viewed on the Regulations.gov Web site.\2\ Copies of the
environmental assessment and finding of no significant impact are also
available for public inspection at USDA, room 1141, South Building,
14th Street and Independence Avenue, SW., Washington, DC, between 8
a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons
wishing to inspect copies are requested to call ahead on (202) 690-2817
to facilitate entry into the reading room. In addition, copies may be
obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
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\2\ Go to https://www.regulations.gov, click on the ``Advanced
Search'' tab and select ``Docket Search.'' In the Docket ID field,
enter APHIS-2005-0111, click on ``Submit,'' then click on the Docket
ID link in the search results page. The environmental assessment and
finding of no significant impact will appear in the resulting list
of documents.
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Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et. seq.), the information collection or recordkeeping
requirements included in this rule have been approved by the Office of
Management and Budget
[[Page 29769]]
(OMB) under OMB control number 0579-0284.
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 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.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
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.
0
2. In Sec. 319.41-1, a new paragraph (d) is added to read as follows:
Sec. 319.41-1 Plant products permitted entry.\1\
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\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).
0
3. A new Sec. 319.56-2f is 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 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.
(Approved by the Office of Management and Budget under control
number 0579-0284)
Done in Washington, DC, this 19th day of May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4813 Filed 5-23-06; 8:45 am]
BILLING CODE 3410-34-P
