Importation of Table Grapes From Namibia, 36221-36225 [E6-10017]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Proposed Rules]
[Pages 36221-36225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10017]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / 
Proposed Rules

[[Page 36221]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 319

[Docket No. APHIS-2006-0025]


Importation of Table Grapes From Namibia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation into the United States of fresh 
table grapes from Namibia under certain conditions. As a condition of 
entry, the grapes would have to undergo cold treatment and fumigation 
with methyl bromide and would have to be accompanied by a phytosanitary 
certificate with an additional declaration stating that the commodity 
has been inspected and found free of the specified pests. In addition, 
the grapes would also be subject to inspection at the port of first 
arrival. This action would allow for the importation of grapes from 
Namibia into the United States while continuing to provide protection 
against the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before 
August 25, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov and, in the lower ``Search Open Regulations and 
Federal Actions'' box, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click on ``Submit.'' In 
the Docket ID column, select APHIS-2006-0025 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send 
four copies of your comment (an original and three copies) to Docket 
No. APHIS-2006-0025, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comment refers to Docket No. APHIS-2006-0025.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at 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 Namibia has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh table grapes from Namibia to be 
imported into the United States. As part of our evaluation of Namibia's 
request, we prepared a pest risk assessment (PRA) and a risk management 
document. Copies of the PRA and risk management document may be 
obtained from the person listed under FOR FURTHER INFORMATION CONTACT 
or viewed on the Regulations.gov Web site (see ADDRESSES above for 
instruction for accessing Regulations.gov).
    The PRA, titled ``Qualitative Pathway--Initiated Risk Assessment of 
the Importation of Fresh Table Grapes Vitis vinifera L. from Namibia 
into the United States'' (November 2005), evaluates the risks 
associated with the importation of table grapes into the United States 
from Namibia. The PRA and supporting documents identified 30 pests of 
quarantine significance present in Namibia or in nearby countries \1\ 
that could be introduced into the United States via table grapes. These 
pests include 28 insect pests and 2 mollusks. Four of the insect pests 
are internal feeders: The moths Cryptophlebia leucotreta and 
Epichoristodes acerbella and the fruit flies Ceratitis capitata and 
Ceratitis rosa. The other 24 insect pests are external feeders: The 
whitefly Aleurocanthus spiniferus; the twig borer Apate monachus; the 
weevils Bustomus setulosus and Phlyctinus callosus; the scales 
Ceroplastes rusci and Icerya seychellarum; the moth Cryptoblabes 
gnidiella; the beetles Dischista cincta, Eremnus atratus, Eremnus 
cerealis, Eremnus setulosus, and Pachnoda sinuata; the cotton jassid 
Empoasca lybica; the mite Eutetranychus orientalis; the bollworm 
Helicoverpa armigera; the chinch bug Macchiademus diplopterus; the 
mealybugs Maconellicoccus hirsutus, Nipaecoccus vastator, and 
Rastrococcus iceryoides; the cottonseed bug Oxycarenus hyalinipennis; 
the thrips Scirtothrips aurantii and Scirtothrips dorsalis; the 
leafworm Spodoptera littoralis; and the bud nibbler Tanyrhynchus 
carinatus. The two mollusks, Cochlicella ventricosa and Theba pisana, 
are also external feeders.
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    \1\ Due to Namibia being a part of South Africa until 1990 and 
grape production in Namibia as a commercial export being relatively 
new, the PRA takes into account pest data from grape growing regions 
in neighboring regions of southern Africa as well as Namibia.
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    APHIS has determined that measures beyond standard port of entry 
inspection are required to mitigate the risks posed by these plant 
pests. Therefore, we propose to require that the grapes be subjected to 
a combined treatment of cold treatment in accordance with schedule 
T107-e and

[[Page 36222]]

methyl bromide fumigation in accordance with schedule T104-a-1.
    Cold treatment schedule T107-e is described in Sec.  305.16 of the 
phytosanitary treatments regulations in 7 CFR part 305. Under that 
schedule, the grapes would have to be held at a temperature of 31 
[deg]F (-0.55 [deg]C) or colder for a period of 22 days. The 22-day 
treatment period would begin only after all temperature sensors 
indicate the grapes have been precooled to 31 [deg]F or below. If the 
temperature exceeds 31.5 [deg]F, the treatment period would have to be 
extended by one-third of a day for each day or part of a day that the 
temperature is above 31.5 [deg]F. If the exposure period is extended, 
the temperature during the extension period must be 34 [deg]F or below. 
If the temperature exceeds 34 [deg]F at any time, the treatment is 
nullified. This cold treatment schedule has been proven effective in 
treating false codling moth (Cryptophlebia leucotreta) on grapes from 
South Africa. This treatment would also mitigate the risks associated 
with the fruit flies Ceratitis capitata and Ceratitis rosa and the moth 
Epichoristodes acerbella, which are less adaptable to colder 
temperatures than false codling moth.
    In addition, we would require that the grapes be fumigated with 
methyl bromide fumigation in accordance with schedule T104-a-1, which 
is described in Sec.  305.6(a) of the phytosanitary treatments 
regulations.

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                                                                                 Dosage rate (lb/    Exposure
        Treatment schedule                Pressure         Temperature ([deg]F)    1,000  cubic       period
                                                                                      feet)           (hours)
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T104-a-1..........................  NAP \1\.............  80 or above..........              1.5               2
                                                          70-79................              2                 2
                                                          60-69................              2.5               2
                                                          50-59................              3                 2
                                                          40-49................              4                 2
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\1\ Normal atmospheric pressure.

    This methyl bromide fumigation treatment schedule has been proven 
effective in treating external pests on imported fruits and vegetables 
from around the world, except for mealybugs. Therefore this treatment 
will effectively mitigate the risks associated with Aleurocanthus 
spiniferus, Apate monachus, Bustomus setulosus, Ceroplastes rusci, 
Cryptoblabes gnidiella, Dischista cincta, Empoasca lybica, Eremnus 
atratus, Eremnus cerealis, Eremnus setulosus, Eutetranychus orientalis, 
Helicoverpa armigera, Icerya seychellarum, Macchiademus diplopterus, 
Oxycarenus hyalinipennis, Pachnoda sinuata, Phlyctinus callosus, 
Scirtothrips aurantii, Spodoptera littoralis, and Tanyrhynchus 
carinatus.
    Because the cold and methyl bromide treatments we would require do 
not effectively mitigate the pest risk posed by the mealybugs, 
Maconellicoccus hirsutus, Nipaecoccus vastator, Rastrococcus 
iceryoides, or the mollusks, Cochlicella ventricosa and Theba pisana, 
the NPPO of Namibia would be required to conduct phytosanitary 
inspections for those pests. Each shipment of grapes would have to be 
accompanied by a phytosanitary certificate bearing the additional 
declaration: ``The grapes in this shipment have been inspected and 
found free of Maconellicoccus hirsutus, Nipaecoccus vastator, 
Rastrococcus iceryoides, Cochlicella ventricosa and Theba pisana.'' 
Specifically listing the pests on the additional declaration alerts 
U.S. inspectors to the specific pests of concern.
    In addition, we would restrict the importation of fresh table 
grapes from Namibia to commercial shipments only. Produce grown 
commercially is less likely to be infested with plant pests than 
noncommercial shipments. Noncommercial shipments are more prone to 
infestations because the commodity is often ripe to overripe and is 
often grown with little or no pest control. Commercial shipments, as 
defined in Sec.  319.56-1, are shipments of fruits and vegetables that 
an inspector identifies as having been produced for sale and 
distribution in mass markets. Identification of a particular shipment 
as commercial is based on a variety of indicators, including, but not 
limited to, the quantity of produce, the type of packaging, 
identification of a grower or packinghouse on the packaging, and 
documents consigning the shipment to a wholesaler or retailer.
    The proposed conditions described above for the importation of 
table grapes from Namibia into the United States would be added to the 
fruits and vegetables regulations as a new Sec.  319.56-2ss. In 
addition, we would also amend the table in Sec.  305.2(h)(2)(i) of the 
phytosanitary treatments regulations to add an entry for grapes from 
Namibia and designate methyl bromide schedule T104-a-2 and cold 
treatment schedule T107-e as approved treatments for the specific pests 
named in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We are proposing to amend the fruits and vegetables regulations to 
allow the importation into the United States of fresh table grapes from 
Namibia under certain conditions. As a condition of entry, the grapes 
would have to undergo cold treatment and fumigation with methyl bromide 
and would have to be accompanied by a phytosanitary certificate with an 
additional declaration stating that the commodity has been inspected 
and found free of the specified pests. In addition, the grapes would 
also be subject to inspection at the port of first arrival. This action 
would allow for the importation of grapes from Namibia into the United 
States while continuing to provide protection against the introduction 
of quarantine pests.
    According to the Trade Law Center for Southern Africa, 7 grape 
companies in Namibia are currently cultivating 1,300 hectares, 
irrigated by water from the Orange River, and another 2,000 hectares 
are expected to be put to cultivation soon. Because of the climate in 
Namibia, grapes mature in November, which gives producers there a 
competitive advantage over producers in other southern hemisphere 
countries where the grape harvest begins in December. Imports of 
Namibian table grapes into the United States in the first year are 
expected to reach 22.5 40-foot containers (approximately 744,000 
pounds), which would account for less than one-tenth of 1 percent of 
current U.S. fresh table grape imports.

[[Page 36223]]

    The Regulatory Flexibility Act requires agencies to specifically 
consider the economic effects of their rules on small entities. The 
Small Business Administration (SBA) has established size criteria based 
on the North American Industry Classification System (NAICS) to 
determine which economic entities meet the definition of a small firm. 
The proposed rule may affect producers and wholesalers of table grapes 
in the United States.
    The small business size standards for grape farming without making 
wine, as identified by the SBA based upon NAICS code 111332, is 
$750,000 or less in annual receipts.\2\ While the available data do not 
provide the number of U.S. grape-producing entities according to size 
distribution as it relates to annual receipts, it is reasonable to 
assume that the majority of the operations are considered small 
businesses by SBA standards. According to the 2002 Census of 
Agriculture data, there were a total of 23,856 grape farms in the 
United States in 2002.\3\ It is estimated that approximately 93 percent 
of these grape farms had annual sales in 2002 of $500,000 or less, and 
are considered to be small entities by SBA standards.
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    \2\ Based upon 2002 Census of Agriculture--State Data and the 
``Small Business Size Standards by NAICS Industry,'' Code of Federal 
Regulations, Title 13, Chapter 1.
    \3\ The number of grape farms in the United States, as reported 
by the 2002 Census of Agriculture, is the total number of grape-
producing operations, which also include grapes produced for 
processed utilization.
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    The United States is a net importer of fresh table grapes. In 2004, 
the United States imported 1,322.8 million pounds of fresh table grapes 
with approximately 79 and 19 percent arriving from Chile and Mexico, 
respectively. In that same year, the United States exported 
approximately 606.3 million pounds of table grapes. Canada is the 
largest importer of U.S. fresh grapes, accounting for 44 percent of 
U.S. exports. The second and third largest importers of U.S. fresh 
grapes are Malaysia and Mexico, accounting for approximately 9 and 7 
percent of U.S. grape exports, respectively.\4\ U.S. imports of table 
grapes experienced an average increase of 6.6 percent annually over the 
last decade while exports have increased an average of 3.4 percent.\5\ 
Fresh utilization of U.S. grape production only accounts, on average, 
for 13 percent of total utilized U.S. grape production annually. U.S. 
wine production and raisin production account for an average of 60 
percent and 25 percent, respectively, of U.S. grape utilization 
annually.\6\
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    \4\ Source: Global Trade Atlas.
    \5\ Source: USDA FAS, PS&D Online. ``Table Grapes: Production, 
Supply and Distribution in Selected Countries,'' https://
www.fas.usda.gov/psd/complete_tables/HTP-table6-104.htm.
    \6\ USDA ERS Briefing Room, Fruit and Tree Nut Yearbook, 2005.
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    Domestic consumers would benefit because Namibian table grapes 
mature a month earlier than table grapes from other countries in the 
southern hemisphere, providing access to an increased supply of fresh 
table grapes for a longer period of time. The competitive impact of 
imports from Namibia would likely be minimal for domestic producers, 
whose grapes are mainly intended for processed utilization. As noted 
previously, forecast Namibian table grape imports would comprise less 
than one-tenth of 1 percent of total U.S. table grape imports.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow table grapes to be imported into the 
United States from Namibia. If this proposed rule is adopted, State and 
local laws and regulations regarding table grapes imported under this 
rule would be preempted while the fruit is in foreign commerce. Fresh 
fruits are generally imported for immediate distribution and sale to 
the consuming public and would remain in foreign commerce until sold to 
the ultimate consumer. The question of when foreign commerce ceases in 
other cases must be addressed on a case-by-case basis. If this proposed 
rule is adopted, no retroactive effect will be given to this rule, and 
this rule will not require administrative proceedings before parties 
may file suit in court challenging this rule.

Use of Methyl Bromide

    Under this proposed rule, table grapes imported into the United 
States from Namibia must be fumigated with methyl bromide in accordance 
with schedule T104-a-1 to kill external feeder insects. We estimate 
that between 1 and 22.5 40-foot containers of fresh table grapes would 
be imported from Namibia during the first shipping season. Importations 
may increase in future years. Fumigation using schedule T104-a-1 would 
require no more than 10 pounds of methyl bromide per container. No 
alternative treatment is currently available for these pests.
    The United States is fully committed to the objectives of the 
Montreal Protocol, including the reduction and ultimately the 
elimination of reliance on methyl bromide for quarantine and pre-
shipment uses in a manner that is consistent with the safeguarding of 
U.S. agriculture and ecosystems. APHIS reviews its methyl bromide 
policies and their effect on the environment in accordance with the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 
et seq.) and Decision XI/13 (paragraph 5) of the 11th Meeting of the 
Parties to the Montreal Protocol, which calls on the Parties to review 
their ``national plant, animal, environmental, health, and stored 
product regulations with a view to removing the requirement for the use 
of methyl bromide for quarantine and pre-shipment where technically and 
economically feasible alternatives exist.''
    The United States Government encourages methods that do not use 
methyl bromide to meet phytosanitary standards where alternatives are 
deemed to be technically and economically feasible. In some 
circumstances, however, methyl bromide continues to be the only 
technically and economically feasible treatment against specific 
quarantine pests. In addition, in accordance with Montreal Protocol 
Decision XI/13 (paragraph 7), APHIS is committed to promoting and 
employing gas recapture technology and other methods whenever possible 
to minimize harm to the environment caused by methyl bromide emissions. 
In connection with this rulemaking, we welcome comments, especially 
data or other information, regarding other treatments that may be 
efficacious and technically and economically feasible that we may 
consider as alternatives to methyl bromide.

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with the 
proposed importation into the United States of table grapes from 
Namibia, we have prepared an environmental assessment. The 
environmental assessment was prepared in accordance with: (1) The 
National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 
4321 et seq.), (2) regulations of the Council on Environmental Quality 
for implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) 
APHIS' NEPA Implementing Procedures (7 CFR part 372).

[[Page 36224]]

    The environmental assessment may be viewed on the Regulations.gov 
Web site or in our reading room. (Instructions for accessing 
Regulations.gov and information on the location and hours of the 
reading room are provided under the heading ADDRESSES at the beginning 
of this proposed rule.) In addition, copies may be obtained by calling 
or writing to the individual listed under FOR FURTHER INFORMATION 
CONTACT.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0025. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0025, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and 
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is 
best assured of having its full effect if OMB receives it within 30 
days of publication of this proposed rule.
    This proposed rule would amend the fruits and vegetables 
regulations to allow the importation into the United States of fresh 
table grapes from Namibia. As a condition of entry, the grapes would 
have to undergo cold treatment and fumigation with methyl bromide, and 
would have to be accompanied by a phytosanitary certificate with an 
additional declaration stating that the commodity has been inspected 
and found free of the specified pests. In addition, the grapes would 
also be subject to inspection at the port of first arrival.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.16 hours per response.
    Respondents: Growers of grapes, the Namibian NPPO.
    Estimated annual number of respondents: 16,000.
    Estimated annual number of responses per respondent: 1.
    Estimated annual number of responses: 16,000.
    Estimated total annual burden on respondents: 2,560 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects

7 CFR Part 305

    Irradiation, Phytosanitary treatment, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements.

7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR parts 305 and 319 as 
follows:

PART 305--PHYTOSANITARY TREATMENTS

    1. The authority citation for part 305 would continue to read as 
follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 7 CFR 2.22, 2.80, and 371.3.

    2. In paragraph (h)(2)(i) of Sec.  305.2, the table would be 
amended by adding, in alphabetical order, an entry for Namibia to read 
as follows:


Sec.  305.2  Approved treatments.

* * * * *
    (h) * * *
    (2) * * *
    (i) * * *

----------------------------------------------------------------------------------------------------------------
              Location                     Commodity                   Pest                Treatment schedule
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Namibia............................  Grape................  External feeders..........  MB T104-a-1
                                                            Cryptophlebia leucotreta,   CT T107-e
                                                             Ceratitis capitata,
                                                             Ceratitis rosa,
                                                             Epichoristodes acerbella.
 
                                                  * * * * * * *
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[[Page 36225]]

* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 would continue to read as 
follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    4. A new Sec.  319.56-2ss would be added to read as follows:


Sec.  319.56-2ss  Conditions governing the entry of grapes from 
Namibia.

    Grapes (Vitis vinifera) may be imported into the United States from 
Namibia only under the following conditions:
    (a) The grapes must be cold treated for Cryptophlebia leucotreta, 
Ceratitis capitata, Ceratitis rosa, and Epichoristodes acerbella in 
accordance with part 305 of this chapter.
    (b) The grapes must be fumigated for Aleurocanthus spiniferus, 
Apate monachus, Bustomus setulosus, Ceroplastes rusci,Cryptoblabes 
gnidiella, Dischista cincta, Empoasca lybica, Eremnus atratus, Eremnus 
cerealis, Eremnus setulosus, Eutetranychus orientalis, Helicoverpa 
armigera, Icerya seychellarum, Macchiademus diplopterus, Oxycarenus 
hyalinipennis, Pachnoda sinuata, Phlyctinus callosus, Scirtothrips 
aurantii, Scirtothrips dorsalis, Spodoptera littoralis, and 
Tanyrhynchus carinatus in accordance with part 305 of this chapter.
    (c) Each shipment of grapes must be accompanied by a phytosanitary 
certificate of inspection issued by the national plant protection 
organization of Namibia bearing the following additional declaration: 
``The grapes in this shipment have been inspected and found free of 
Maconellicoccus hirsutus, Nipaecoccus vastator, Rastrococcus 
iceryoides, Cochlicella ventricosa, and Theba pisana.''
    (d) The grapes may be imported in commercial shipments only.

    Done in Washington, DC, this 20th day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-10017 Filed 6-23-06; 8:45 am]
BILLING CODE 3410-34-P