Importation of Blueberries From South Africa, Uruguay, and Argentina With Cold Treatment, 52776-52779 [E7-18276]
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Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations
(c) Except when the claimant has
requested confidentiality or the
disclosure would constitute a clearly
unwarranted invasion of personal
privacy, OPM, upon a request which
identifies the individual from whose file
the information is sought, will disclose
the following information from a claim
file to a member of the public:
(1) Confirmation of the name of the
individual from whose file the
information is sought and the names of
the other parties concerned;
(2) The remedy sought;
(3) The status of the claim;
(4) The decision on the claim; and
(5) With the consent of the parties
concerned, other reasonably identified
information from the file.
§ 551.710
OPM.
Where to file an FLSA claim with
An FLSA claim must be filed with the
OPM Classification Appeals and FLSA
Program, 1900 E Street, NW.,
Washington, DC 20415–0001.
[FR Doc. E7–18027 Filed 9–14–07; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 305
[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: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: We are allowing 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 will have to undergo cold
treatment and will have to be
accompanied by a phytosanitary
certificate issued by the national plant
protection organization of the exporting
country. This action will 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 allowing the use of
cold treatment for blueberries imported
into the United States from Argentina.
This action provides an alternative to
the methyl bromide treatment that is
VerDate Aug<31>2005
15:49 Sep 14, 2007
Jkt 211001
currently required for blueberries
imported from Argentina.
EFFECTIVE DATE: September 17, 2007.
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:
industry during the preparation of those
documents. The risk assessment and
risk management documents were
drafted using the same approach and in
the same timeframe as the other risk
analyses the Animal and Plant Health
Inspection Service (APHIS) prepares or
reviews. In addition, we offered the
public, including domestic blueberry
producers, the opportunity to comment
on the proposed rule following its
publication in the Federal Register.
The commenter further stated that
information in the proposed rule
regarding domestic production is out of
date and incorrect, and suggested that
we refer to information released by the
North American Blueberry Council
(NABC). The data we used in the
proposed rule’s economic analysis was
taken from the National Agricultural
Statistics Service (NASS) and the
Economic Research Service (ERS), with
the ERS report cited being the most
current data available (May 2007). The
data we received incorporates
information from a variety of sources,
including the NABC.
Finally, the commenter expressed
concern regarding the lack of market
access for U.S.-grown blueberries into
Uruguay and South Korea. This is not
germane to the proposal.
Background
The regulations in ‘‘Subpart—Fruits
and Vegetables’’ (7 CFR 319.56 through
319.56–47, referred to below as the
regulations) prohibit or restrict the
importation of fruits and vegetables into
the United States from certain parts of
the world to prevent the introduction
and dissemination of plant pests that are
new to or not widely distributed within
the United States.
On June 5, 2007, we published in the
Federal Register (72 FR 30979–30984,
Docket No. APHIS 2007–0061) a
proposal 1 to amend the regulations 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, we proposed that 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 (NPPO) of the
exporting country. In addition, we
proposed to allow the use of cold
treatment for blueberries imported into
the United States from Argentina.
We solicited comments concerning
our proposal for 45 days ending July 20,
2007. We received six comments by that
date. They were from blueberry
distributors, a commercial fumigation
company, and a blueberry industry
group. Four of the commenters
supported the proposed rule. One
commenter did not address the
proposed rule.
One commenter objected to the
proposed rule. The commenter
expressed concern that we did not
consult with domestic blueberry
producers prior to issuing the proposal
and that the studies conducted in
support of the rule were conducted
hastily. Because the proposed rule and
its supporting risk analysis were
focused on identifying and managing
the risks associated with importing
blueberries from Uruguay and South
Africa, we did not find it necessary to
consult with the domestic blueberry
Note: In a final rule published in the
Federal Register on July 18, 2007 (72 FR
39482-39528, Docket No. APHIS–2005–
0106), we revised the fruits and vegetables
regulations to establish a performance-based
process for approving the importation of
commodities that, based on the findings of a
pest risk analysis, can be safely imported
subject to one or more of the designated
phytosanitary measures listed in § 319.56–
4(b) of the regulations. Under those revised
regulations, commodities that are authorized
for importation subject only to one or more
designated measures will be listed in the
fruits and vegetables manual 2 rather than
being listed in the regulations. The
requirements that will apply to the
importation of blueberries from Uruguay and
South Africa—i.e., that they be cold treated
for specific pests, accompanied by a
phytosanitary certificate, and imported in
commercial consignments only—are all
designated phytosanitary measures listed in
§ 319.56–4(b). Therefore, we are not adding
the provisions regarding the entry of
blueberries from Uruguay and South Africa
to the fruits and vegetables regulations in
part 319 in this final rule; rather, those
conditions will be listed in the fruits and
vegetables manual. For those same reasons,
the provisions regarding the importation of
blueberries from Argentina were removed
from the regulations in the July 2007 final
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS–2007–0061.
2 The fruits and vegetables manual is available on
the Internet at https://www.aphis.usda.gov/
import_export/plants/manuals/ports/downloads/
fv.pdf.
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Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations
rule and placed in the fruits and vegetables
manual.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the changes discussed in this
document.
Effective Date
This is a substantive rule that relieves
restrictions and, pursuant to the
provisions of 5 U.S.C. 553, may be made
effective less than 30 days after
publication in the Federal Register.
Immediate implementation of this
rule is necessary to provide relief to
those persons who are adversely
affected by restrictions we no longer
find warranted. Therefore, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this rule should be
effective upon publication in the
Federal Register.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. The rule has
been determined to be not significant for
the purposes of Executive Order 12866
and, therefore, has not been reviewed by
the Office of Management and Budget.
We are allowing 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 will
have to undergo cold treatment and will
have to be accompanied by a
phytosanitary certificate issued by the
NPPO of the exporting country. This
action allows 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
allowing the use of cold treatment for
blueberries imported into the United
States from Argentina. This action will
provide an alternative to the currently
approved methyl bromide treatment.
The Regulatory Flexibility Act (RFA)
requires that agencies consider the
economic impact of their rules on small
businesses, organizations, and
governmental jurisdictions. In
accordance with section 604 of the RFA,
we have prepared a final regulatory
flexibility analysis describing the
expected impact of the changes in this
rule on small entities. During the
comment period for our proposed rule,
we received one comment pertaining to
the initial regulatory flexibility analysis
52777
presented in that document. The
commenter stated that information in
the proposed rule regarding domestic
blueberry production is out of date and
incorrect and suggested that we refer to
information released by NABC. The data
we used in the proposed rule’s
economic analysis was from NASS and
ERS, with the ERS report cited being the
most current data available (May 2007).
The data we received from NASS
incorporates information from a variety
of sources, including NABC.
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
State
2005
2002
(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
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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, May 2007, 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.
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15:49 Sep 14, 2007
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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.
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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.
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52778
Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations
TABLE 2.—U.S. IMPORTS AND EXPORTS OF FRESH BLUEBERRIES, 2004–2006
Year
U.S. imports
U.S. exports
Net imports
(million dollars)
2004 ...........................................................................................................................
2005 ...........................................................................................................................
2006 ...........................................................................................................................
$91.03
109.82
155.14
$29.40
45.60
55.70
$61.63
64.22
99.44
(metric tons)
2004 ...........................................................................................................................
2005 ...........................................................................................................................
2006 ...........................................................................................................................
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
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).3 Even if this
export target were met, imports from
Uruguay will 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
3 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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16:54 Sep 14, 2007
Jkt 211001
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
making to have a significant economic
impact on U.S. entities. U.S. entities
that could be affected by the 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
small-entity definition for these
producers is annual receipts of not more
than $750,000. Firms that will 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).4
In general, firms engaged in
production or importation of
agricultural commodities are
4 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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Fmt 4700
Sfmt 4700
predominantly small. We believe that
most if not all of the businesses affected
by this 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. However, as
stated above, we do not expect this
rulemaking to have a significant
economic impact on U.S. entities.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
We are allowing fresh blueberries to
be imported into the United States from
South Africa and Uruguay. State and
local laws and regulations regarding
imported fresh blueberries will be
preempted while the fruit is in foreign
commerce. Fresh fruits are generally
imported for immediate distribution and
sale to the consuming public, and
remain in foreign commerce until sold
to the ultimate consumer. The question
of when foreign commerce ceases in
E:\FR\FM\17SER1.SGM
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52779
Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations
other cases must be addressed on a caseby-case basis. No retroactive effect will
be given to this rule, and this rule will
not require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
(OMB) under OMB control number
0579–0321.
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
Location
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 rule, please contact Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 734–7477.
List of Subjects in 7 CFR Part 305
Irradiation, Phytosanitary treatment,
Plant diseases and pests, Quarantine,
Reporting and recordkeeping
requirements.
I Accordingly, we are amending 7 CFR
part 305 as follows:
*
Argentina
*
1. The authority citation for part 305
continues to read as follows:
I
Approved treatments.
*
*
(h) * * *
(2) * * *
(i) * * *
*
Pest
*
*
2. In § 305.2, the table in paragraph
(h)(2)(i) is amended as follows:
I a. Under Argentina, by revising the
entry for ‘‘Blueberry’’ to read as set forth
below.
I 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.
I c. In the entry for Uruguay, by adding
an entry for ‘‘Blueberry’’ to read as set
forth below.
I
§ 305.2
PART 305—PHYTOSANITARY
TREATMENTS
Commodity
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.
*
*
*
Treatment schedule
*
*
*
*
*
*
*
Blueberry ................................... Anastrepha fraterculus, Ceratitis capitata ..........................
*
South Africa ....
*
*
CT T107–a–1 or MB T101–i–1–
1.
*
*
*
*
Apple, blueberry, grape, pear ... Ceratitis capitata ................................................................
*
CT T107–a.
*
*
*
*
*
*
*
*
Uruguay
*
*
*
*
*
Blueberry ................................... Anastrepha fraterculus, Ceratitis capitata. .........................
*
*
*
*
*
*
*
*
Done in Washington, DC, this 12th day of
September 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–18276 Filed 9–14–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1739
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RIN 0572–AC09
Community Connect Broadband Grant
Program
Rural Utilities Service, USDA.
Notice of confirmation of direct
final rule.
AGENCY:
ACTION:
VerDate Aug<31>2005
15:49 Sep 14, 2007
Jkt 211001
*
*
SUMMARY: The Rural Utilities Service, an
agency delivering the United States
Department of Agriculture (USDA)
Rural Development Utilities Programs,
hereinafter referred to as Rural
Development and/or the Agency, gives
notice that no adverse comments were
received regarding the direct final rule
amending its regulations to update the
eligibility criteria for the Community
Connect Broadband Grant Program
(Community Connect Grant Program)
requirements of the Agency, and
confirms the effective date of the direct
final rule.
DATES: The direct final rule published in
the Federal Register on August 3, 2007
(72 FR 43132), will be effective on
September 17, 2007.
FOR FURTHER INFORMATION CONTACT:
Kenneth Kuchno, Director, Broadband
Division, USDA Rural Development,
1400 Independence Avenue, SW., STOP
1599, Washington, DC 20250–1599.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
*
CT T107–a–1.
*
*
*
Telephone: (202) 690–4673. Fax: (202)
690–4389. E-mail Address:
Kenneth.kuchno@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The USDA Rural Development
Utilities Programs (the Agency)
improves the quality of life in rural
America by providing investment
capital, in the form of loans and grants,
for the deployment of rural
telecommunications infrastructure.
Financial assistance is provided to rural
utilities; municipalities; commercial
corporations; limited liability
companies; public utility districts;
Indian tribes; and cooperative,
nonprofit, limited-dividend, or mutual
associations. In order to achieve the goal
of increasing economic opportunity in
rural America, the Agency finances
infrastructure that enables access to a
seamless, nation-wide
E:\FR\FM\17SER1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 179 (Monday, September 17, 2007)]
[Rules and Regulations]
[Pages 52776-52779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18276]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 305
[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: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are allowing 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 will have to
undergo cold treatment and will have to be accompanied by a
phytosanitary certificate issued by the national plant protection
organization of the exporting country. This action will 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
allowing the use of cold treatment for blueberries imported into the
United States from Argentina. This action provides an alternative to
the methyl bromide treatment that is currently required for blueberries
imported from Argentina.
EFFECTIVE DATE: September 17, 2007.
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 319.56-47, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
On June 5, 2007, we published in the Federal Register (72 FR 30979-
30984, Docket No. APHIS 2007-0061) a proposal \1\ to amend the
regulations 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, we proposed that 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 (NPPO) of the exporting country. In addition, we proposed
to allow the use of cold treatment for blueberries imported into the
United States from Argentina.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0061.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 45 days ending
July 20, 2007. We received six comments by that date. They were from
blueberry distributors, a commercial fumigation company, and a
blueberry industry group. Four of the commenters supported the proposed
rule. One commenter did not address the proposed rule.
One commenter objected to the proposed rule. The commenter
expressed concern that we did not consult with domestic blueberry
producers prior to issuing the proposal and that the studies conducted
in support of the rule were conducted hastily. Because the proposed
rule and its supporting risk analysis were focused on identifying and
managing the risks associated with importing blueberries from Uruguay
and South Africa, we did not find it necessary to consult with the
domestic blueberry industry during the preparation of those documents.
The risk assessment and risk management documents were drafted using
the same approach and in the same timeframe as the other risk analyses
the Animal and Plant Health Inspection Service (APHIS) prepares or
reviews. In addition, we offered the public, including domestic
blueberry producers, the opportunity to comment on the proposed rule
following its publication in the Federal Register.
The commenter further stated that information in the proposed rule
regarding domestic production is out of date and incorrect, and
suggested that we refer to information released by the North American
Blueberry Council (NABC). The data we used in the proposed rule's
economic analysis was taken from the National Agricultural Statistics
Service (NASS) and the Economic Research Service (ERS), with the ERS
report cited being the most current data available (May 2007). The data
we received incorporates information from a variety of sources,
including the NABC.
Finally, the commenter expressed concern regarding the lack of
market access for U.S.-grown blueberries into Uruguay and South Korea.
This is not germane to the proposal.
Note: In a final rule published in the Federal Register on July
18, 2007 (72 FR 39482-39528, Docket No. APHIS-2005-0106), we revised
the fruits and vegetables regulations to establish a performance-
based process for approving the importation of commodities that,
based on the findings of a pest risk analysis, can be safely
imported subject to one or more of the designated phytosanitary
measures listed in Sec. 319.56-4(b) of the regulations. Under those
revised regulations, commodities that are authorized for importation
subject only to one or more designated measures will be listed in
the fruits and vegetables manual \2\ rather than being listed in the
regulations. The requirements that will apply to the importation of
blueberries from Uruguay and South Africa--i.e., that they be cold
treated for specific pests, accompanied by a phytosanitary
certificate, and imported in commercial consignments only--are all
designated phytosanitary measures listed in Sec. 319.56-4(b).
Therefore, we are not adding the provisions regarding the entry of
blueberries from Uruguay and South Africa to the fruits and
vegetables regulations in part 319 in this final rule; rather, those
conditions will be listed in the fruits and vegetables manual. For
those same reasons, the provisions regarding the importation of
blueberries from Argentina were removed from the regulations in the
July 2007 final
[[Page 52777]]
rule and placed in the fruits and vegetables manual.
\2\ The fruits and vegetables manual is available on the
Internet at https://www.aphis.usda.gov/import_export/plants/manuals/
ports/downloads/fv.pdf.
---------------------------------------------------------------------------
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. Therefore, the Administrator of the Animal
and Plant Health Inspection Service has determined that this rule
should be effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are allowing 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 will have to
undergo cold treatment and will have to be accompanied by a
phytosanitary certificate issued by the NPPO of the exporting country.
This action allows 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 allowing the use of cold treatment for blueberries
imported into the United States from Argentina. This action will
provide an alternative to the currently approved methyl bromide
treatment.
The Regulatory Flexibility Act (RFA) requires that agencies
consider the economic impact of their rules on small businesses,
organizations, and governmental jurisdictions. In accordance with
section 604 of the RFA, we have prepared a final regulatory flexibility
analysis describing the expected impact of the changes in this rule on
small entities. During the comment period for our proposed rule, we
received one comment pertaining to the initial regulatory flexibility
analysis presented in that document. The commenter stated that
information in the proposed rule regarding domestic blueberry
production is out of date and incorrect and suggested that we refer to
information released by NABC. The data we used in the proposed rule's
economic analysis was from NASS and ERS, with the ERS report cited
being the most current data available (May 2007). The data we received
from NASS incorporates information from a variety of sources, including
NABC.
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
----------------------------------------------------------------------------------------------------------------
State 2005 2002
----------------------------------------------------------------------------------------------------------------
(million
(metric tons) 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,
May 2007, 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.
[[Page 52778]]
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.
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).\3\ Even if this export
target were met, imports from Uruguay will represent less than 1
percent of U.S. imports of fresh blueberries in 2006.
---------------------------------------------------------------------------
\3\ 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
making to have a significant economic impact on U.S. entities. U.S.
entities that could be affected by the 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 small-entity definition for these
producers is annual receipts of not more than $750,000. Firms that will
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).\4\
---------------------------------------------------------------------------
\4\ 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 this 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. However, as stated above, we
do not expect this rulemaking to have a significant economic impact on
U.S. entities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
We are allowing fresh blueberries to be imported into the United
States from South Africa and Uruguay. State and local laws and
regulations regarding imported fresh blueberries will be preempted
while the fruit is in foreign commerce. Fresh fruits are generally
imported for immediate distribution and sale to the consuming public,
and remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce ceases in
[[Page 52779]]
other cases must be addressed on a case-by-case basis. No retroactive
effect will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0321.
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 rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
0
Accordingly, we are amending 7 CFR part 305 as follows:
PART 305--PHYTOSANITARY TREATMENTS
0
1. The authority citation for part 305 continues 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.
0
2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended as
follows:
0
a. Under Argentina, by revising the entry for ``Blueberry'' to read as
set forth below.
0
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.
0
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, Ceratitis CT T107-a-1 or MB T101-i-1-1.
capitata.
* * * * * * *
South Africa........... Apple, blueberry, grape, pear............. Ceratitis capitata..................... CT T107-a.
* * * * * * *
Uruguay
* * * * * * *
Blueberry................................. Anastrepha fraterculus, Ceratitis CT T107-a-1.
capitata..
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Done in Washington, DC, this 12th day of September 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-18276 Filed 9-14-07; 8:45 am]
BILLING CODE 3410-34-P
