Importation of Blueberries From South Africa, Uruguay, and Argentina With Cold Treatment, 30979-30984 [E7-10818]
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30979
Proposed Rules
Federal Register
Vol. 72, No. 107
Tuesday, June 5, 2007
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 Parts 305 and 319
[Docket No. APHIS–2007–0061]
RIN 0579–AC40
Importation of Blueberries From South
Africa, Uruguay, and Argentina With
Cold Treatment
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: We are proposing to allow the
importation into the continental United
States of fresh blueberries from South
Africa and Uruguay under certain
conditions. As a condition of entry, the
blueberries would have to undergo cold
treatment and would have to be
accompanied by a phytosanitary
certificate issued by the national plant
protection organization of the exporting
country. This action would allow for the
importation of blueberries from South
Africa and Uruguay into the continental
United States while continuing to
provide protection against the
introduction of quarantine pests. In
addition, we are proposing to allow the
use of cold treatment for blueberries
imported into the United States from
Argentina. This action would provide
an alternative to the methyl bromide
treatment that is currently required for
blueberries imported from Argentina.
DATES: We will consider all comments
regarding this proposed rule that we
receive on or before July 20, 2007 and
all comments regarding the information
collection requirements associated with
this proposed rule that we receive on or
before August 6, 2007.
ADDRESSES: You may submit comments
by either of the following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov, select
‘‘Animal and Plant Health Inspection
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Service’’ from the agency drop-down
menu, then click ‘‘Submit.’’ In the
Docket ID column, select APHIS–2007–
0061 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2007–0061,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2007–0061.
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: Mr.
´
Tony Roman, Import Specialist,
Commodity Import Analysis and
Operation Staff, 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 South Africa has
requested that the Animal and Plant
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Health Inspection Service (APHIS)
amend the regulations to allow fresh
blueberries (Vaccinium spp.) to be
imported from South Africa into the
continental United States. In addition,
the NPPO of Uruguay has requested that
APHIS amend the regulations to allow
fresh blueberries (the highbush
blueberries Vaccinium corymbosum L.
and the rabbit-eye blueberries
Vaccinium virgatum Aiton) to be
imported from Uruguay into the
continental United States. As part of our
evaluation of South Africa’s and
Uruguay’s requests, we prepared pest
risk assessments (PRA) for each country,
as well as a risk management document
that covers both countries. For these risk
assessments, we assumed that any
blueberries imported into the United
States would undergo minimal postharvest fruit processing, which includes
the commercial processes of culling,
packing, and forced-air cooling, but no
washing or other treatment. Copies of
the PRAs 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 prepared in response to
South Africa’s request, titled
‘‘Qualitative Pathway-Initiated Risk
Assessment of the Importation of
Blueberry Fruits (Vaccinium species)
from the Republic of South Africa into
the United States’’ (April 2007),
evaluates the risks associated with the
importation of fresh blueberries into the
continental United States from South
Africa. The PRA and supporting
documents identified one pest of
quarantine significance, the
Mediterranean fruit fly or Medfly
(Ceratitis capitata), present in South
Africa that could be introduced into the
United States via fresh blueberries.
APHIS has determined that measures
beyond standard port of entry
inspection are required to mitigate the
risks posed by this plant pest. Therefore,
we propose to require that the
blueberries be subjected to cold
treatment in accordance with schedule
T107–a, which is described in § 305.16
of the phytosanitary treatments
regulations in 7 CFR part 305.
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Treatment schedule
Temperature
(°F)
T107–a ......................................................................................................................................................................
34 or below ......
35 or below .......
36 or below .......
This cold treatment schedule has been
proven effective in treating the Medfly
on imported fruit from South Africa.
The PRA prepared in response to
Uruguay’s request, titled ‘‘Importation
of fresh highbush and rabbit-eye
blueberry (Vaccinium corymbosum L &
V. Virgatum Aiton) fruit into the
Continental United States from
Uruguay’’ (April 2007), evaluates the
risks associated with the importation of
fresh blueberries into the continental
United States from Uruguay. The PRA
and supporting documents identified
two pests of quarantine significance, the
Medfly and the South American fruit fly
(Anastrepha fraterculus), that were
selected for further analysis and
determined to potentially present a risk
of introduction into the United States
via blueberries from Uruguay. APHIS
has determined that measures beyond
T107–a–1 ..................................................................................................................................................................
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Temperature
(°F)
34 or below .......
35 or below .......
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§ 319.56–2vv. In addition, we would
also amend the table in § 305.2(h)(2)(i)
of the phytosanitary treatments
regulations to add entries for fresh
blueberries from South Africa and
Uruguay and to designate cold treatment
schedule T107–a for South African
blueberries and T107–a–1 for
Uruguayan blueberries as approved
treatments for the specific pests named
in this document.
Argentina
The regulations currently allow
blueberries from Argentina to be
imported into the United States only
after fumigation with methyl bromide
using treatment schedule T101–i–1–1.
This is an approved treatment schedule
for mitigating the risks associated with
the Medfly, which was found to be
present in part of Argentina. In addition
to the Medfly, the South American fruit
fly is also present in Argentina.
Previously, we did not have specific
information that blueberry is a host of
the South American fruit fly, but
research has since demonstrated that
blueberry is a host of both the Medfly
and the South American fruit fly.
Because treatment schedule T101–i–1–1
has been proven effective in treating the
South American fruit fly as well as the
Medfly, the risks associated with South
American fruit fly have already been
addressed through that treatment
schedule. To reflect the identification of
the South American fruit fly as a pest of
blueberries from Argentina, we would
amend the entry for blueberries from
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14
16
18
standard port of entry inspection are
required to mitigate the risks posed by
these plant pests. Therefore, we propose
to require that the blueberries be
subjected to cold treatment in
accordance with schedule T107–a–1,
which is described in § 305.16 of the
phytosanitary treatments regulations in
7 CFR part 305.
Treatment schedule
This cold treatment schedule has been
proven effective in treating the Medfly,
as well as several species of Anastrepha,
including the South American fruit fly,
on imported fruit from South America.
In addition to requiring cold
treatment, we would limit the
importation of fresh blueberries from
South Africa and Uruguay to
commercial shipments only and require
that each shipment of fruit from South
Africa and Uruguay be accompanied by
a phytosanitary certificate issued by the
NPPO of the importing country. 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 § 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 fresh
blueberries from South Africa and
Uruguay into the continental United
States would be added to the fruits and
vegetables regulations as a new
Exposure
period
(days)
Exposure
period
(days)
15
17
Argentina in § 319.56–2x to include the
South American fruit fly with the
Medfly as a pest of blueberry fruit that
requires mitigation unless the fruit is
grown in a fruit fly-free area.
In May 2006, the NPPO of Argentina
requested that APHIS allow the use of
cold treatment as an alternative
treatment to meet the United States
entry requirements for blueberries from
Argentina. After receiving this request,
we reviewed the data supporting the
request and determined that there is no
statistical difference in the cold
treatment susceptibility of the Medfly
and the South American fruit fly when
infesting various citrus cultivars. Based
on that evaluation, we determined that
cold treatment would also mitigate the
pest risk associated with these fruit fly
species in blueberries and would serve
as an effective substitute for the methyl
bromide treatment T101–i–1–1.
Therefore, we are proposing to amend
§ 305.2(h) to provide for the use of cold
treatment on blueberries from
Argentina. This would be a more
environmentally favorable option to the
currently required methyl bromide
fumigation treatment.
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.
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We are proposing to allow the
importation into the continental United
States of fresh blueberries from South
Africa and Uruguay under certain
conditions. As a condition of entry, the
blueberries would have to undergo cold
treatment and would have to be
accompanied by a phytosanitary
certificate issued by the NPPO of the
importing country. This action would
allow for the importation of blueberries
from South Africa and Uruguay into the
continental United States while
continuing to provide protection against
the introduction of quarantine pests. In
addition, we are proposing to allow the
use of cold treatment for blueberries
imported into the United States from
Argentina. This action would provide
an alternative to the currently approved
methyl bromide treatment.
The Regulatory Flexibility Act
requires agencies to evaluate the
potential effects of their proposed and
final rules on small businesses, small
organizations, and small governmental
jurisdictions. Section 603 of the Act
requires an agency to prepare and make
available for public comment an initial
regulatory flexibility analysis (IRFA)
describing the expected impact of a
proposed rule on small entities, unless
the head of the agency certifies that the
rule will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
APHIS has prepared this IRFA in
fulfillment of this requirement. We
welcome public comment on expected
small-entity effects of the proposed rule.
30981
The United States is the largest
producer of blueberries, supplying more
than half the world’s production (55
percent). Canada follows with 28
percent of world supplies and Poland
comes third with 10 percent of the
world’s blueberry fruit production.
Michigan, Maine, and New Jersey are
the leading States in U.S. blueberry
production. Combined, these three
States produce more than half of all U.S.
blueberries (table 1). Nine States
account for 98 percent of U.S.
production. Fresh blueberries require
harvesting by hand, whereas blueberries
destined for processing can be machineharvested. The cost of farm labor is
considerably higher in the United States
than in many other countries.
TABLE 1.—U.S. PRODUCTION AND VALUE OF BLUEBERRIES FOR THE FRESH MARKET IN 2005 AND FARM ACREAGE IN
2002 BY MAJOR STATES
2005
2002
State
(metric tons)
Michigan .............................................................
Maine ..................................................................
New Jersey ........................................................
Oregon ...............................................................
North Carolina ....................................................
Georgia ...............................................................
Washington ........................................................
California ............................................................
Florida ................................................................
Sum ....................................................................
Rest of United States .........................................
United States total ..............................................
(million dollars)
number of acres
29,937.1 .......................
26,988.7 .......................
20,411.7 .......................
15,648.9 .......................
11,793.4 .......................
11,793.5 .......................
8,890.4 .........................
4,127.7 .........................
2,358.7 .........................
131,950 (98%) .............
3,070.9 .........................
135,021.0 .....................
$83.5 ............................
39.0 ..............................
55.5 ..............................
33.3 ..............................
36.7 ..............................
31.8 ..............................
19.2 ..............................
40.6 ..............................
32.8 ..............................
372.3 (98%) .................
9.1 ................................
381.4 ............................
17,274 ..........................
293 ...............................
7,468 ............................
3,887 ............................
5,009 ............................
4,451 ............................
2,569 ............................
827 ...............................
1,646 ............................
43,424 (84%) ...............
8,578 ............................
52,002 ..........................
number of farms
590
116
240
659
267
408
289
97
343
3,009 (47%)
3,419
6,428
Sources: USDA/NASS New England, Oregon, and Washington field offices; North American Blueberry Council; Table 33—Berries Harvested
for Sale, 2002 U.S. Census of Agriculture by State, pp. 496–497, USDA/NASS; and Table D–2. Blueberries: Commercial Acreage, Production,
and Value, Fruit and Tree Nuts Situation and Outlook Yearbook, October 2006, USDA/ERS.
In 2005, the United States produced
135,021 metric tons of highbush
blueberries destined for the fresh
market, valued at $381 million. In the
United States, highbush blueberries are
harvested from April to early October
with the majority of the blueberries
picked from mid-June to mid-August.
Between 1995 and 2005, total U.S.
blueberry consumption increased by 47
percent, from 13 ounces to 20 ounces
per person. Most of the increase has
been in the fresh market with a doubling
in fresh consumption, from 4.3 ounces
per person in 1995 to 8.7 ounces in
2005.
Table 2 shows U.S. imports and
exports of fresh blueberries for the past
3 years. The United States is a net
importer, and our major foreign supplier
of fresh blueberries (by value) is Canada.
Annual U.S. imports of fresh blueberries
averaged 29,469 metric tons between
2004 and 2006.
TABLE 2.—U.S. IMPORTS AND EXPORTS OF FRESH BLUEBERRIES, 2004–2006
Year
U.S. imports
U.S. exports
Net imports
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(million dollars)
2004 .............................................................................................................................................
2005 .............................................................................................................................................
2006 .............................................................................................................................................
$91.03
109.82
155.14
$29.40
45.60
55.70
$61.63
64.22
99.44
28,887.30
26,335.70
32,601.50
15,183.80
22,588.90
22,952.30
13,693.50
3,746.80
9,649.20
(metric tons)
2004 .............................................................................................................................................
2005 .............................................................................................................................................
2006 .............................................................................................................................................
Source: U.S. Dept. of Commerce, Bureau of Census, as reported by Global Trade Information Services.
Note: Based on the Harmonized Schedules 0810400028 and 0810400024.
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Argentina has supplied about 3
percent of the U.S. imports of fresh
blueberries, or 880 metric tons, over the
last 3 years. In 2006, Argentina reported
4,000 acres of land devoted to blueberry
production, a 35 percent increase since
2003.
The Uruguayan Government Statistics
office indicates that Uruguay started
producing blueberries in 2003, with 65
metric tons harvested that year. In the
following 3 years, Uruguay produced
80, 120, and 200 metric tons,
respectively. For 2007 through 2009,
crop volumes of around 500, 1,200, and
2,000 metric tons are forecast.
The Government of Uruguay has
indicated its intention to export
between 200 and 1,200 metric tons of
fresh blueberries annually for the next 3
years starting in 2007, with 200 metric
tons shipped annually to the continental
United States (an amount that exceeds
Uruguay’s total exports of fresh
blueberries in recent years).1 Even if this
export target were met, imports from
Uruguay would represent less than 1
percent of U.S. imports of fresh
blueberries in 2006.
Uruguay’s main export season for
fresh blueberries is between November
and April. During this season, the
supply of fresh blueberries by U.S.
producers is limited. Fresh blueberries
are generally harvested in the United
States by early May through the
beginning of September. U.S. domestic
shipments of fresh blueberries reach
their highest volume between late June
and mid-August.
APHIS does not have data on South
African production of blueberry fruits
(Vaccinium spp.). Foreign Agricultural
Service statistics indicate that South
Africa exported an annual average of 75
metric tons of Vaccinium spp. between
2000 and 2004. Specifically, in 2000 the
Republic of South Africa exported 3
metric tons, then in the following 4
years, 90, 83, 86, and 109 metric tons,
respectively. In sum, the quantities of
fresh blueberry expected to be imported
into the United States from Uruguay and
the Republic of South Africa are small,
representing less than 1 percent of U.S.
imports and less than one-tenth of 1
percent of the United States’ domestic
supply (production plus imports minus
exports). Moreover, blueberry
production in these two countries takes
place during our winter months; their
blueberry shipments to the United
States would largely compete with
1 Uruguay started exporting fresh blueberries in
2003, with an amount of 250 kilograms or 0.4
metric ton. The following 3 years, 2004–2006,
Uruguay exported 3.8, 18.7 and 94.2 metric tons,
respectively. Source: Uruguayan Government, Ines
Ares (personal communication).
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blueberry imports from other countries.
We do not expect the changes we are
proposing would have a significant
economic impact on U.S. entities. U.S.
entities that could be affected by the
proposed changes are domestic
producers of fresh blueberries and
wholesalers that import fresh
blueberries. Businesses producing fresh
blueberries 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
fresh blueberry fruits from Uruguay and
the Republic of South Africa are defined
as small entities if they have 100 or
fewer employees (NAICS code 424480,
Fresh Fruit and Vegetable Merchant
Wholesalers).2
In general, firms engaged in
production or importation of
agricultural commodities are
predominantly small. We believe that
most if not all of the businesses affected
by the proposed rule would be small.
We do not know the exact number of
U.S. producers of fresh blueberries.
According to the 2002 Census of
Agriculture for the States where
blueberries are produced, there were at
least 6,428 farms growing blueberries in
52,000 acres of land (table 1). The
majority of these farms (84 percent) are
located in nine States. We do not know
the percentage of blueberry farms that
produce blueberries for the fresh
market. Also, we do not know their size,
but in general, such entities are
predominantly small. The United States
Census does not report sales receipts by
farm or any other unit. The average farm
size in these nine States is 15 acres,
whereas the average farm size in the
remainder of States that grow
blueberries is 2.5 acres. We welcome
information that the fresh blueberry
industry or general public may provide
on the number and size of entities that
could be affected by the proposed rule.
Executive Order 12988
This proposed rule would allow
blueberries to be imported into the
continental United States from South
Africa and Uruguay and would provide
an alternative treatment for blueberries
from Argentina. If this proposed rule is
adopted, State and local laws and
regulations regarding blueberries
2 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.
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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 caseby-case basis. If this proposed rule is
adopted, no retroactive effect will be
given to this rule, and this rule will not
require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection or recordkeeping
requirements included in this proposed
rule have been submitted for approval to
the Office of Management and Budget
(OMB). Please send written comments
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for APHIS, Washington, DC
20503. Please state that your comments
refer to Docket No. APHIS–2007–0061.
Please send a copy of your comments to:
(1) Docket No. APHIS–2006–0061,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238, and (2) Clearance Officer,
OCIO, USDA, room 404–W, 14th Street
and Independence Avenue, SW.,
Washington, DC 20250. A comment to
OMB is best assured of having its full
effect if OMB receives it within 30 days
of publication of this proposed rule.
APHIS is proposing to allow the
importation into the continental United
States of fresh blueberries from South
Africa and Uruguay under certain
conditions. As a condition of entry, the
blueberries would have to undergo cold
treatment and would have to be
accompanied by a phytosanitary
certificate issued by the national plant
protection organization of the exporting
country. This action would allow for the
importation of blueberries from South
Africa and Uruguay into the continental
United States while continuing to
provide protection against the
introduction of quarantine pests.
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;
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(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 0.5 hours per
response.
Respondents: NPPOs, importers of
blueberries.
Estimated annual number of
respondents: 30.
Estimated annual number of
responses per respondent: 276.
Estimated annual number of
responses: 8,280.
Estimated total annual burden on
respondents: 4,140 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
Location
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.
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we propose to amend 7
CFR parts 305 and 319 as follows:
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the Internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this proposed rule, please contact
Mrs. Celeste Sickles, APHIS’
Information Collection Coordinator, at
(301) 734–7477.
PART 305—PHYTOSANITARY
TREATMENTS
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,
Commodity
*
Argentina
*
*
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 § 305.2, the table in paragraph
(h)(2)(i) would be amended as follows:
a. Under Argentina, by revising the
entry for ‘‘Blueberry’’ to read as set forth
below.
b. Under South Africa, by removing
the entry for ‘‘Apple, grape, pear’’ and
adding a new entry for ‘‘Apple,
blueberry, grape, pear’’ in its place to
read as set forth below.
c. In the entry for Uruguay, by adding
an entry for ‘‘Blueberry’’ to read as set
forth below.
§ 305.2
*
*
*
*
*
*
*
Apple, blueberry, grape, pear ...............
*
*
Ceratitis capitata ...................................
*
*
*
fraterculus,
*
*
Treatment schedule
*
Anastrepha
capitata.
*
*
Pest
*
*
Blueberry ..............................................
*
South Africa ...........
Approved treatments.
*
*
(h) * * *
(2) * * *
(i) * * *
Ceratitis
*
*
*
CT T107–a–1 or MB T101–i–1–1.
*
CT T107–a.
*
*
*
*
Uruguay
*
*
*
Blueberry ..............................................
*
*
*
*
*
*
*
cprice-sewell on PROD1PC71 with PROPOSALS
3. The authority citation for part 319
would continue to read as follows:
15:43 Jun 04, 2007
Jkt 211001
*
fraterculus,
*
Ceratitis
4. In § 319.56–2x, the table in
paragraph (a) would be amended by
revising, under Argentina, the entry for
‘‘Blueberry’’ to read as follows:
PO 00000
Frm 00005
Fmt 4702
*
CT T107–a–1.
*
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.
*
PART 319—FOREIGN QUARANTINE
NOTICES
VerDate Aug<31>2005
*
Anastrepha
capitata.
Sfmt 4702
*
*
*
§ 319.56–2x Administrative instructions;
conditions governing the entry of certain
fruits and vegetables for which treatment is
required.
(a) * * *
E:\FR\FM\05JNP1.SGM
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30984
Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Proposed Rules
Country locality
*
Argentina
Common name
*
*
*
*
*
*
*
*
5. A new § 319.56–2vv would be
added to read as follows:
§ 319.56–2vv Administrative instructions:
conditions governing the importation of
blueberries from South Africa and Uruguay.
Blueberries from South Africa
(Vaccinium spp.) and Uruguay
(Vaccinium corymbosum L. and
Vaccinium virgatum Aiton) may be
imported into the continental United
States only under the following
conditions:
(a) Blueberries from South Africa
must be cold treated for Ceratitis
capitata in accordance with part 305 of
this chapter. Blueberries from Uruguay
must be cold treated for Ceratitis
capitata and Anastrepha fraterculus in
accordance with part 305 of this
chapter.
(b) Each shipment of blueberries must
be accompanied by a phytosanitary
certificate of inspection issued by the
national plant protection organization of
the importing country.
(c) The blueberries may be imported
in commercial shipments only.
Done in Washington, DC, this 31st day of
May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–10818 Filed 6–4–07; 8:45 am]
BILLING CODE 3410–34–P
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Part 701
Federal Credit Union Bylaws
National Credit Union
Administration (NCUA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: NCUA is proposing to
reincorporate the Federal Credit Union
(FCU) Bylaws into NCUA regulations.
This change clarifies NCUA’s ability to
use a range of enforcement authorities,
in appropriate cases, to enforce the FCU
15:43 Jun 04, 2007
Jkt 211001
Plant part(s)
*
*
Frm 00006
Fmt 4702
Sfmt 4702
*
*
*
Fruit. (Treatment for South American
fruit fly and Medfly not required if
fruit is grown in a fruit fly-free area
(see § 319.56–2(j)).
*
Bylaws. In addition, NCUA is adding a
bylaw provision on director succession,
an issue it has previously addressed in
legal opinions, and is revising the
introduction to the Bylaws to conform it
to these changes.
DATES: Comments must be received by
August 6, 2007.
ADDRESSES: You may submit comments
by any of the following methods (Please
send comments by one method only):
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• NCUA Web Site: https://
www.ncua.gov/
RegulationsOpinionsLaws/
proposed_regs/proposed_regs.html.
Follow the instructions for submitting
comments.
• E-mail: Address to
regcomments@ncua.gov. Include ‘‘[Your
name] Comments on FCU Bylaws’’ in
the e-mail subject line.
• Fax: (703) 518–6319. Use the
subject line described above for e-mail.
• Mail: Address to Mary Rupp,
Secretary of the Board, National Credit
Union Administration, 1775 Duke
Street, Alexandria, Virginia 22314–
3428.
• Hand Delivery/Courier: Same as
mail address.
Public inspection: All public
comments are available on the agency’s
Web site at https://www.ncua.gov/
RegulationsOpinionsLaws/comments as
submitted, except as may not be
possible for technical reasons. Public
comments will not be edited to remove
any identifying or contact information.
Paper copies of comments may be
inspected in NCUA’s law library, at
1775 Duke Street, Alexandria, Virginia
22314, by appointment weekdays
between 9 a.m. and 3 p.m. To make an
appointment, call (703) 518–6546 or
send an e-mail to OGC Mail @ncua.gov.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Wirick, Staff Attorney, Office
of General Counsel, National Credit
Union Administration, 1775 Duke
Street, Alexandria, Virginia 22314–3428
or telephone: (703) 518–6540.
PO 00000
*
*
*
Vaccinium spp ......................................
*
*
cprice-sewell on PROD1PC71 with PROPOSALS
*
*
*
Blueberry ..............................................
*
VerDate Aug<31>2005
Botanical name
*
*
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Credit Union Act (the
Act) requires the NCUA Board to
prepare bylaws that ‘‘shall be used’’ by
FCUs and authorizes NCUA to enforce
FCU Bylaws through charter suspension
and liquidation. 12 U.S.C. 1758, 1766.
Until 1982, the FCU Bylaws were
incorporated by reference in NCUA’s
regulations. NCUA’s authority to
enforce bylaw violations through less
severe administrative remedies then was
clear because such violations could be
viewed as a violation of NCUA’s
regulations, thus enabling NCUA to
bring a variety of administrative
enforcement actions to effect
compliance in appropriate cases.
In 1982, the Bylaws were removed
from the regulations as part of a general
deregulatory effort. At that time, three
separate sections of NCUA regulations
incorporated the FCU Bylaws by
reference. 12 CFR 701.2, 701.3, 701.14
(1982). Another section required NCUA
approval of any bylaw amendments. 12
CFR 701.4 (1982). NCUA deleted two of
the sections incorporating the Bylaws by
reference, as well as the regulation
requiring NCUA approval of
amendments, in two final rules issued
in 1982. 47 FR 23685 (June 1, 1982); 47
FR 46249 (Oct. 18, 1982).
These rules were one result of a
comprehensive review of agency
regulations NCUA undertook in the
early 1980s in an effort to eliminate
redundant or outdated requirements.
The goal of this process was to reduce
the number and complexity of NCUA
regulations and delete guidance found
in other publications. 47 FR 46249 (Oct.
18, 1982). The Bylaws were only one of
several items deleted from incorporation
by reference in the 1982 rules cited
above. One of the rules also deleted the
NCUA Accounting Manual and Data
Processing Guidelines from
incorporation by reference. 47 FR 23685
(June 1, 1982). The other also deleted
references to chartering procedures
contained elsewhere in NCUA guidance.
E:\FR\FM\05JNP1.SGM
05JNP1
]]>Agencies
[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Proposed Rules]
[Pages 30979-30984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10818]
========================================================================
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. 72, No. 107 / Tuesday, June 5, 2007 /
Proposed Rules
[[Page 30979]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 319
[Docket No. APHIS-2007-0061]
RIN 0579-AC40
Importation of Blueberries From South Africa, Uruguay, and
Argentina With Cold Treatment
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to allow the importation into the continental
United States of fresh blueberries from South Africa and Uruguay under
certain conditions. As a condition of entry, the blueberries would have
to undergo cold treatment and would have to be accompanied by a
phytosanitary certificate issued by the national plant protection
organization of the exporting country. This action would allow for the
importation of blueberries from South Africa and Uruguay into the
continental United States while continuing to provide protection
against the introduction of quarantine pests. In addition, we are
proposing to allow the use of cold treatment for blueberries imported
into the United States from Argentina. This action would provide an
alternative to the methyl bromide treatment that is currently required
for blueberries imported from Argentina.
DATES: We will consider all comments regarding this proposed rule that
we receive on or before July 20, 2007 and all comments regarding the
information collection requirements associated with this proposed rule
that we receive on or before August 6, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click ``Submit.'' In the Docket ID column, select
APHIS-2007-0061 to submit or view public comments and to view
supporting and related materials available electronically. Information
on using Regulations.gov, including instructions for accessing
documents, submitting comments, and viewing the docket after the close
of the comment period, is available through the site's ``User Tips''
link.
Postal Mail/Commercial Delivery: Please send four copies of your
comment (an original and three copies) to Docket No. APHIS-2007-0061,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. APHIS-2007-0061.
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: Mr. Tony Rom[aacute]n, Import
Specialist, Commodity Import Analysis and Operation Staff, 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 South Africa
has requested that the Animal and Plant Health Inspection Service
(APHIS) amend the regulations to allow fresh blueberries (Vaccinium
spp.) to be imported from South Africa into the continental United
States. In addition, the NPPO of Uruguay has requested that APHIS amend
the regulations to allow fresh blueberries (the highbush blueberries
Vaccinium corymbosum L. and the rabbit-eye blueberries Vaccinium
virgatum Aiton) to be imported from Uruguay into the continental United
States. As part of our evaluation of South Africa's and Uruguay's
requests, we prepared pest risk assessments (PRA) for each country, as
well as a risk management document that covers both countries. For
these risk assessments, we assumed that any blueberries imported into
the United States would undergo minimal post-harvest fruit processing,
which includes the commercial processes of culling, packing, and
forced-air cooling, but no washing or other treatment. Copies of the
PRAs 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 prepared in response to South Africa's request, titled
``Qualitative Pathway-Initiated Risk Assessment of the Importation of
Blueberry Fruits (Vaccinium species) from the Republic of South Africa
into the United States'' (April 2007), evaluates the risks associated
with the importation of fresh blueberries into the continental United
States from South Africa. The PRA and supporting documents identified
one pest of quarantine significance, the Mediterranean fruit fly or
Medfly (Ceratitis capitata), present in South Africa that could be
introduced into the United States via fresh blueberries. APHIS has
determined that measures beyond standard port of entry inspection are
required to mitigate the risks posed by this plant pest. Therefore, we
propose to require that the blueberries be subjected to cold treatment
in accordance with schedule T107-a, which is described in Sec. 305.16
of the phytosanitary treatments regulations in 7 CFR part 305.
[[Page 30980]]
------------------------------------------------------------------------
Exposure
Treatment schedule Temperature ([deg]F) period
(days)
------------------------------------------------------------------------
T107-a........................... 34 or below............. 14
35 or below............. 16
36 or below............. 18
------------------------------------------------------------------------
This cold treatment schedule has been proven effective in treating
the Medfly on imported fruit from South Africa.
The PRA prepared in response to Uruguay's request, titled
``Importation of fresh highbush and rabbit-eye blueberry (Vaccinium
corymbosum L & V. Virgatum Aiton) fruit into the Continental United
States from Uruguay'' (April 2007), evaluates the risks associated with
the importation of fresh blueberries into the continental United States
from Uruguay. The PRA and supporting documents identified two pests of
quarantine significance, the Medfly and the South American fruit fly
(Anastrepha fraterculus), that were selected for further analysis and
determined to potentially present a risk of introduction into the
United States via blueberries from Uruguay. 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 blueberries be subjected to cold treatment in
accordance with schedule T107-a-1, which is described in Sec. 305.16
of the phytosanitary treatments regulations in 7 CFR part 305.
------------------------------------------------------------------------
Exposure
Treatment schedule Temperature ([deg]F) period
(days)
------------------------------------------------------------------------
T107-a-1......................... 34 or below............. 15
35 or below............. 17
------------------------------------------------------------------------
This cold treatment schedule has been proven effective in treating
the Medfly, as well as several species of Anastrepha, including the
South American fruit fly, on imported fruit from South America.
In addition to requiring cold treatment, we would limit the
importation of fresh blueberries from South Africa and Uruguay to
commercial shipments only and require that each shipment of fruit from
South Africa and Uruguay be accompanied by a phytosanitary certificate
issued by the NPPO of the importing country. 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
fresh blueberries from South Africa and Uruguay into the continental
United States would be added to the fruits and vegetables regulations
as a new Sec. 319.56-2vv. In addition, we would also amend the table
in Sec. 305.2(h)(2)(i) of the phytosanitary treatments regulations to
add entries for fresh blueberries from South Africa and Uruguay and to
designate cold treatment schedule T107-a for South African blueberries
and T107-a-1 for Uruguayan blueberries as approved treatments for the
specific pests named in this document.
Argentina
The regulations currently allow blueberries from Argentina to be
imported into the United States only after fumigation with methyl
bromide using treatment schedule T101-i-1-1. This is an approved
treatment schedule for mitigating the risks associated with the Medfly,
which was found to be present in part of Argentina. In addition to the
Medfly, the South American fruit fly is also present in Argentina.
Previously, we did not have specific information that blueberry is a
host of the South American fruit fly, but research has since
demonstrated that blueberry is a host of both the Medfly and the South
American fruit fly. Because treatment schedule T101-i-1-1 has been
proven effective in treating the South American fruit fly as well as
the Medfly, the risks associated with South American fruit fly have
already been addressed through that treatment schedule. To reflect the
identification of the South American fruit fly as a pest of blueberries
from Argentina, we would amend the entry for blueberries from Argentina
in Sec. 319.56-2x to include the South American fruit fly with the
Medfly as a pest of blueberry fruit that requires mitigation unless the
fruit is grown in a fruit fly-free area.
In May 2006, the NPPO of Argentina requested that APHIS allow the
use of cold treatment as an alternative treatment to meet the United
States entry requirements for blueberries from Argentina. After
receiving this request, we reviewed the data supporting the request and
determined that there is no statistical difference in the cold
treatment susceptibility of the Medfly and the South American fruit fly
when infesting various citrus cultivars. Based on that evaluation, we
determined that cold treatment would also mitigate the pest risk
associated with these fruit fly species in blueberries and would serve
as an effective substitute for the methyl bromide treatment T101-i-1-1.
Therefore, we are proposing to amend Sec. 305.2(h) to provide for the
use of cold treatment on blueberries from Argentina. This would be a
more environmentally favorable option to the currently required methyl
bromide fumigation treatment.
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.
[[Page 30981]]
We are proposing to allow the importation into the continental
United States of fresh blueberries from South Africa and Uruguay under
certain conditions. As a condition of entry, the blueberries would have
to undergo cold treatment and would have to be accompanied by a
phytosanitary certificate issued by the NPPO of the importing country.
This action would allow for the importation of blueberries from South
Africa and Uruguay into the continental United States while continuing
to provide protection against the introduction of quarantine pests. In
addition, we are proposing to allow the use of cold treatment for
blueberries imported into the United States from Argentina. This action
would provide an alternative to the currently approved methyl bromide
treatment.
The Regulatory Flexibility Act requires agencies to evaluate the
potential effects of their proposed and final rules on small
businesses, small organizations, and small governmental jurisdictions.
Section 603 of the Act requires an agency to prepare and make available
for public comment an initial regulatory flexibility analysis (IRFA)
describing the expected impact of a proposed rule on small entities,
unless the head of the agency certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. APHIS has prepared this IRFA in fulfillment of this
requirement. We welcome public comment on expected small-entity effects
of the proposed rule.
The United States is the largest producer of blueberries, supplying
more than half the world's production (55 percent). Canada follows with
28 percent of world supplies and Poland comes third with 10 percent of
the world's blueberry fruit production.
Michigan, Maine, and New Jersey are the leading States in U.S.
blueberry production. Combined, these three States produce more than
half of all U.S. blueberries (table 1). Nine States account for 98
percent of U.S. production. Fresh blueberries require harvesting by
hand, whereas blueberries destined for processing can be machine-
harvested. The cost of farm labor is considerably higher in the United
States than in many other countries.
Table 1.--U.S. Production and Value of Blueberries for the Fresh Market in 2005 and Farm Acreage in 2002 by
Major States
----------------------------------------------------------------------------------------------------------------
2005 2002
State --------------------------------------------------------------------------------
(metric tons) (million dollars) number of acres number of farms
----------------------------------------------------------------------------------------------------------------
Michigan....................... 29,937.1......... $83.5............ 17,274........... 590
Maine.......................... 26,988.7......... 39.0............. 293.............. 116
New Jersey..................... 20,411.7......... 55.5............. 7,468............ 240
Oregon......................... 15,648.9......... 33.3............. 3,887............ 659
North Carolina................. 11,793.4......... 36.7............. 5,009............ 267
Georgia........................ 11,793.5......... 31.8............. 4,451............ 408
Washington..................... 8,890.4.......... 19.2............. 2,569............ 289
California..................... 4,127.7.......... 40.6............. 827.............. 97
Florida........................ 2,358.7.......... 32.8............. 1,646............ 343
Sum............................ 131,950 (98%).... 372.3 (98%)...... 43,424 (84%)..... 3,009 (47%)
Rest of United States.......... 3,070.9.......... 9.1.............. 8,578............ 3,419
United States total............ 135,021.0........ 381.4............ 52,002........... 6,428
----------------------------------------------------------------------------------------------------------------
Sources: USDA/NASS New England, Oregon, and Washington field offices; North American Blueberry Council; Table
33--Berries Harvested for Sale, 2002 U.S. Census of Agriculture by State, pp. 496-497, USDA/NASS; and Table D-
2. Blueberries: Commercial Acreage, Production, and Value, Fruit and Tree Nuts Situation and Outlook Yearbook,
October 2006, USDA/ERS.
In 2005, the United States produced 135,021 metric tons of highbush
blueberries destined for the fresh market, valued at $381 million. In
the United States, highbush blueberries are harvested from April to
early October with the majority of the blueberries picked from mid-June
to mid-August.
Between 1995 and 2005, total U.S. blueberry consumption increased
by 47 percent, from 13 ounces to 20 ounces per person. Most of the
increase has been in the fresh market with a doubling in fresh
consumption, from 4.3 ounces per person in 1995 to 8.7 ounces in 2005.
Table 2 shows U.S. imports and exports of fresh blueberries for the
past 3 years. The United States is a net importer, and our major
foreign supplier of fresh blueberries (by value) is Canada. Annual U.S.
imports of fresh blueberries averaged 29,469 metric tons between 2004
and 2006.
Table 2.--U.S. Imports and Exports of Fresh Blueberries, 2004-2006
----------------------------------------------------------------------------------------------------------------
Year U.S. imports U.S. exports Net imports
----------------------------------------------------------------------------------------------------------------
(million dollars)
----------------------------------------------------------------------------------------------------------------
2004............................................................ $91.03 $29.40 $61.63
2005............................................................ 109.82 45.60 64.22
2006............................................................ 155.14 55.70 99.44
----------------------------------------------------------------------------------------------------------------
(metric tons)
----------------------------------------------------------------------------------------------------------------
2004............................................................ 28,887.30 15,183.80 13,693.50
2005............................................................ 26,335.70 22,588.90 3,746.80
2006............................................................ 32,601.50 22,952.30 9,649.20
----------------------------------------------------------------------------------------------------------------
Source: U.S. Dept. of Commerce, Bureau of Census, as reported by Global Trade Information Services.
Note: Based on the Harmonized Schedules 0810400028 and 0810400024.
[[Page 30982]]
Argentina has supplied about 3 percent of the U.S. imports of fresh
blueberries, or 880 metric tons, over the last 3 years. In 2006,
Argentina reported 4,000 acres of land devoted to blueberry production,
a 35 percent increase since 2003.
The Uruguayan Government Statistics office indicates that Uruguay
started producing blueberries in 2003, with 65 metric tons harvested
that year. In the following 3 years, Uruguay produced 80, 120, and 200
metric tons, respectively. For 2007 through 2009, crop volumes of
around 500, 1,200, and 2,000 metric tons are forecast.
The Government of Uruguay has indicated its intention to export
between 200 and 1,200 metric tons of fresh blueberries annually for the
next 3 years starting in 2007, with 200 metric tons shipped annually to
the continental United States (an amount that exceeds Uruguay's total
exports of fresh blueberries in recent years).\1\ Even if this export
target were met, imports from Uruguay would represent less than 1
percent of U.S. imports of fresh blueberries in 2006.
---------------------------------------------------------------------------
\1\ Uruguay started exporting fresh blueberries in 2003, with an
amount of 250 kilograms or 0.4 metric ton. The following 3 years,
2004-2006, Uruguay exported 3.8, 18.7 and 94.2 metric tons,
respectively. Source: Uruguayan Government, Ines Ares (personal
communication).
---------------------------------------------------------------------------
Uruguay's main export season for fresh blueberries is between
November and April. During this season, the supply of fresh blueberries
by U.S. producers is limited. Fresh blueberries are generally harvested
in the United States by early May through the beginning of September.
U.S. domestic shipments of fresh blueberries reach their highest volume
between late June and mid-August.
APHIS does not have data on South African production of blueberry
fruits (Vaccinium spp.). Foreign Agricultural Service statistics
indicate that South Africa exported an annual average of 75 metric tons
of Vaccinium spp. between 2000 and 2004. Specifically, in 2000 the
Republic of South Africa exported 3 metric tons, then in the following
4 years, 90, 83, 86, and 109 metric tons, respectively. In sum, the
quantities of fresh blueberry expected to be imported into the United
States from Uruguay and the Republic of South Africa are small,
representing less than 1 percent of U.S. imports and less than one-
tenth of 1 percent of the United States' domestic supply (production
plus imports minus exports). Moreover, blueberry production in these
two countries takes place during our winter months; their blueberry
shipments to the United States would largely compete with blueberry
imports from other countries. We do not expect the changes we are
proposing would have a significant economic impact on U.S. entities.
U.S. entities that could be affected by the proposed changes are
domestic producers of fresh blueberries and wholesalers that import
fresh blueberries. Businesses producing fresh blueberries 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 fresh blueberry fruits from
Uruguay and the Republic of South Africa are defined as small entities
if they have 100 or fewer employees (NAICS code 424480, Fresh Fruit and
Vegetable Merchant Wholesalers).\2\
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
In general, firms engaged in production or importation of
agricultural commodities are predominantly small. We believe that most
if not all of the businesses affected by the proposed rule would be
small.
We do not know the exact number of U.S. producers of fresh
blueberries. According to the 2002 Census of Agriculture for the States
where blueberries are produced, there were at least 6,428 farms growing
blueberries in 52,000 acres of land (table 1). The majority of these
farms (84 percent) are located in nine States. We do not know the
percentage of blueberry farms that produce blueberries for the fresh
market. Also, we do not know their size, but in general, such entities
are predominantly small. The United States Census does not report sales
receipts by farm or any other unit. The average farm size in these nine
States is 15 acres, whereas the average farm size in the remainder of
States that grow blueberries is 2.5 acres. We welcome information that
the fresh blueberry industry or general public may provide on the
number and size of entities that could be affected by the proposed
rule.
Executive Order 12988
This proposed rule would allow blueberries to be imported into the
continental United States from South Africa and Uruguay and would
provide an alternative treatment for blueberries from Argentina. If
this proposed rule is adopted, State and local laws and regulations
regarding blueberries 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.
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-
2007-0061. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0061, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
APHIS is proposing to allow the importation into the continental
United States of fresh blueberries from South Africa and Uruguay under
certain conditions. As a condition of entry, the blueberries would have
to undergo cold treatment and would have to be accompanied by a
phytosanitary certificate issued by the national plant protection
organization of the exporting country. This action would allow for the
importation of blueberries from South Africa and Uruguay into the
continental United States while continuing to provide protection
against the introduction of quarantine pests.
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;
[[Page 30983]]
(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 0.5 hours per response.
Respondents: NPPOs, importers of blueberries.
Estimated annual number of respondents: 30.
Estimated annual number of responses per respondent: 276.
Estimated annual number of responses: 8,280.
Estimated total annual burden on respondents: 4,140 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.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 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 Sec. 305.2, the table in paragraph (h)(2)(i) would be
amended as follows:
a. Under Argentina, by revising the entry for ``Blueberry'' to read
as set forth below.
b. Under South Africa, by removing the entry for ``Apple, grape,
pear'' and adding a new entry for ``Apple, blueberry, grape, pear'' in
its place to read as set forth below.
c. In the entry for Uruguay, by adding an entry for ``Blueberry''
to read as set forth below.
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(i) * * *
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Argentina
* * * * * * *
Blueberry.............. Anastrepha fraterculus, CT T107-a-1 or MB T101-
Ceratitis capitata. i-1-1.
* * * * * * *
South Africa......................... Apple, blueberry, Ceratitis capitata..... CT T107-a.
grape, pear.
* * * * * * *
Uruguay
* * * * * * *
Blueberry.............. Anastrepha fraterculus, CT T107-a-1.
Ceratitis capitata.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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. In Sec. 319.56-2x, the table in paragraph (a) would be amended
by revising, under Argentina, the entry for ``Blueberry'' to read as
follows:
Sec. 319.56-2x Administrative instructions; conditions governing the
entry of certain fruits and vegetables for which treatment is required.
(a) * * *
[[Page 30984]]
----------------------------------------------------------------------------------------------------------------
Country locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Argentina
* * * * * * *
Blueberry.............. Vaccinium spp.......... Fruit. (Treatment for
South American fruit
fly and Medfly not
required if fruit is
grown in a fruit fly-
free area (see Sec.
319.56-2(j)).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
5. A new Sec. 319.56-2vv would be added to read as follows:
Sec. 319.56-2vv Administrative instructions: conditions governing the
importation of blueberries from South Africa and Uruguay.
Blueberries from South Africa (Vaccinium spp.) and Uruguay
(Vaccinium corymbosum L. and Vaccinium virgatum Aiton) may be imported
into the continental United States only under the following conditions:
(a) Blueberries from South Africa must be cold treated for
Ceratitis capitata in accordance with part 305 of this chapter.
Blueberries from Uruguay must be cold treated for Ceratitis capitata
and Anastrepha fraterculus in accordance with part 305 of this chapter.
(b) Each shipment of blueberries must be accompanied by a
phytosanitary certificate of inspection issued by the national plant
protection organization of the importing country.
(c) The blueberries may be imported in commercial shipments only.
Done in Washington, DC, this 31st day of May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-10818 Filed 6-4-07; 8:45 am]
BILLING CODE 3410-34-P
