Importation of Fruits and Vegetables, 10971-10973 [E8-3901]
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10971
Rules and Regulations
Federal Register
Vol. 73, No. 41
Friday, February 29, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2007–0116]
RIN 0579–AC64
Importation of Fruits and Vegetables
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
rfrederick on PROD1PC67 with RULES
SUMMARY: We are amending the fruits
and vegetables regulations by
eliminating a treatment requirement for
Ya pears imported from Shandong
Province, China; clarifying the
conditions that apply to the importation
of sand pears from the Republic of
Korea and Japan; and clarifying the
distinction between plant parts that
would be considered plant litter or
debris and those that would not. These
changes eliminate a treatment
requirement that we have determined is
no longer necessary and clarify some
existing provisions in order to make the
regulations easier to understand and
implement.
DATES: Effective Date: March 31, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Alex Belano, Import Specialist,
Commodity Import Analysis and
Operation, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737–
1231; (301) 734–5333.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ‘‘SubpartFruits and Vegetables’’ (7 CFR 319.56–
1 to 319.56–47, referred to below as the
regulations), the Animal and Plant
Health Inspection Service (APHIS)
prohibits or restricts the importation of
fruits and vegetables into the United
States from certain parts of the world to
VerDate Aug<31>2005
15:40 Feb 28, 2008
Jkt 214001
prevent plant pests from being
introduced into and spread within the
United States.
On December 11, 2007, we published
in the Federal Register (72 FR 70237–
70240, Docket No. APHIS–2007–0116),
a proposal 1 to amend the regulations by
eliminating a treatment requirement for
Ya pears imported from Shandong
Province, China; clarifying the
conditions that apply to the importation
of sand pears from the Republic of
Korea and Japan; and clarifying the
distinction between plant parts that
would be considered plant litter or
debris and those that would not.
We solicited comments concerning
our proposal for 30 days ending on
January 10, 2008. We received two
comments by that date, both from tree
fruit industry groups. The comments are
discussed below by topic.
One commenter expressed frustration
with what he characterized as technical
barriers that are preventing the
exportation to China of pears grown in
the United States and stated that such
barriers should be removed before we
amend the regulations to benefit
Chinese pear growers.
As a signatory to the International
Plant Protection Convention, the United
States has agreed not to prescribe or
adopt phytosanitary measures
concerning the importation of plants,
plant products, and other regulated
articles unless such measures are made
necessary by phytosanitary
considerations and are technically
justified. Given that, we do not believe
it would be appropriate to delay our
removal of a treatment requirement that
has been shown to be unnecessary in
order to force reciprocal market access.
The other commenter stated that,
while the proposed definition of plant
litter and debris seems straightforward,
the Department of Homeland Security’s
Customs and Border Protection (CBP)
inspectors will need to be trained to
recognize the portions of plants
permitted entry from those that are not
permitted entry. The commenter asked
whether APHIS and CBP will provide
this type of training prior to
implementation of the new regulation.
We work closely with CBP to ensure
that inspectors at the ports of entry are
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0116.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
provided with the training and support
they need to carry out their duties. This
includes ensuring that inspectors are
provided accurate and up-to-date
information as to which portions of
plants are approved for entry and which
are not.
The same commenter also requested
further clarification of the term
‘‘freedom’’ as it is used in § 319.56–3(a)
to indicate that fruits and vegetables
imported under the subpart must be free
of plant litter or debris. Specifically, the
commenter asked whether, as a practical
matter, freedom meant zero litter or
debris or would a generic tolerance be
used, below which the shipment would
be considered practically free of plant
litter or debris.
We do not employ a generic tolerance
for plant litter or debris. While some
allowances may on occasion be made
for litter or debris appearing in a
consignment, decisions as to whether
such allowances should be made are
based on inspectional guidelines and
depend on a number of factors,
including the type of litter or debris and
the pest risks known to be associated
with it, the nature of the commodity,
and its end use.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Executive Order 12866 and the
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.
In this document, we are amending
the regulations pertaining to the
importation of fruits and vegetables to
eliminate a treatment requirement for
Ya pears imported from Shandong
Province, China; to clarify the
conditions that apply to the importation
of sand pears from the Republic of
Korea and Japan; and to clarify the
distinction between plant parts that
would be considered to be plant litter or
debris and those that would not. Of
these changes, only the elimination of
the treatment requirement could be
expected to result in any economic
effects.
Removing the cold treatment
requirement for Ya pears imported from
Shandong Province will reduce
E:\FR\FM\29FER1.SGM
29FER1
rfrederick on PROD1PC67 with RULES
10972
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Rules and Regulations
importers’ shipping expenses and may
also affect domestic pear growers,
especially those who produce Ya and
other Asian pears, and the wholesalers
and distributors of these commodities.
However, for both foreign and domestic
pear producers, the change in
requirements is expected to have a very
limited effect on the supply and
demand for pears overall.
China is the world’s largest producer
of pears and accounts for 65 percent of
world pear production. According to
statistics for marketing year 2005 for
three varieties of Chinese pears,
including the Ya variety, Hebei Province
produced the largest volume of pears,
accounting for about 29 percent of pear
production in China. Shandong
Province produced about 9 percent of
China’s pears during this time.
Although China’s Ya pear exports are
not classified by the originating
province, the removal of the cold
treatment requirement of Ya pears
produced in Shandong Province may be
expected to affect about 25 percent of
total U.S. imports of Ya pears from
China, assuming that the quantities
exported to the United States from the
two provinces reflect their relative
levels of production.
The shipping expenses of importers
seeking to import Ya pears from
Shandong Province could, under this
rule, be reduced by the amount of the
expense of the cold treatment. This
amount is estimated to be
approximately $0.06 per kilogram of
pears. Since the number of Ya pears
imported from Shandong Province is
estimated to be approximately onefourth of total Ya pear imports from
China, the net impact on the average
price of Ya pears will likely be
considerably smaller than $0.06 per
kilogram. If the cost reduction
associated with the removal of the cold
treatment requirement affects the retail
price of Ya pears in the United States,
it would be minimal.
Under the criteria established by the
Small Business Administration, fruit
merchant wholesalers (North American
Industry Classification System code
424480) must have 100 or fewer
employees to be considered small
entities. In 2002, there were 5,376 fresh
fruit and vegetable merchant
wholesalers in the United States with a
total of 110,578 paid employees, or, on
the average, 21 paid employees per
establishment. Therefore, domestic fruit
merchant wholesalers that may be
VerDate Aug<31>2005
15:40 Feb 28, 2008
Jkt 214001
affected by this rule are predominantly
small entities.
The 2002 Census of Agriculture
estimates that there are approximately
11,000 pear growers distributed
throughout the United States, and that
the vast majority of pear growers operate
in orchards smaller than 250 acres, and
with less than $750,000 in annual
receipts. The average annual sales value
of pear growers is estimated to be
approximately $24,416 per grower.
Based on this data, it is most likely that
pear growers in the United States are
predominantly small entities.
In the United States, Asian pears
represent a small share of the pear
industry. In California, which contains
the largest number of Asian pear
growers in the country, Asian pears
constituted about 7 percent of the total
harvested acreage in 2006. Of the Asian
pear varieties produced in the United
States, Ya pears are estimated to make
up a very small percentage of the total
number. The value of domestic Ya pears
is estimated at less than $1 million.
The expected economic effect of
removing the cold treatment
requirement for Ya pears from
Shandong Province is minor. Therefore,
this rule is expected to have little effect
on importers or producers of Ya pears
in the United States.
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
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts
all State or local laws and regulations
that are inconsistent with this rule; (2)
has no retroactive effect; and (3) does
not require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This final rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Accordingly, we are amending 7 CFR
part 319 as follows:
I
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
I
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.56–2 is amended as
follows:
I a. By removing the definition for plant
debris.
I b. By adding, in alphabetical order,
definitions for plant litter and debris
and portions of plants to read as set
forth below.
I
§ 319.56–2
Definitions.
*
*
*
*
*
Plant litter and debris. Discarded or
decaying organic matter; detached
leaves, twigs, or stems that do not add
commercial value to the product.
*
*
*
*
*
Portions of plants. Stalks or stems,
including the pediculus, pedicel,
peduncle, raceme, or panicle, that are
normally attached to fruits or
vegetables.
*
*
*
*
*
I 3. In § 319.56–3, paragraph (a) is
revised to read as follows:
§ 319.56–3 General requirements for all
imported fruits and vegetables.
*
*
*
*
*
(a) Freedom from unauthorized plant
parts. All fruits and vegetables imported
under this subpart, whether in
commercial or noncommercial
consignments, must be free from plant
litter or debris and free of any portions
of plants that are specifically prohibited
in the regulations in this subpart.
*
*
*
*
*
I 4. Section 319.56–13 is amended as
follows:
I a. In the table in paragraph (a), by
removing the entry for ‘‘Republic of
Korea’’ and by adding, in alphabetical
order, an entry for ‘‘Korea, Republic of’’
to read as set forth below:
I b. In paragraph (b), by revising
paragraph (b)(5)(ix) to read as set forth
below.
§ 319.56–13 Fruits and vegetables allowed
importation subject to specified conditions.
(a) * * *
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10973
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Rules and Regulations
Country/locality of origin
Common name
*
*
*
Korea, Republic of .................. Dasheen .................................
Sand pear ..............................
Strawberry ..............................
*
*
§ 319.56–29
[Amended]
5. Section 319.56–29 is amended by
removing paragraph (b) and
redesignating paragraph (c) as paragraph
(b).
I
Done in Washington, DC, this 25th day of
February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–3901 Filed 2–28–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
RIN 0563–AC01
Common Crop Insurance Regulations,
Florida Citrus Fruit Crop Insurance
Provisions; Correction
Federal Crop Insurance
Corporation, USDA.
ACTION: Final rule; correction.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: This document contains
corrections to the final regulation which
was published Thursday, February 7,
2008. The regulation pertains to the
insurance of Florida Citrus Fruit.
DATES: Effective Date: The effective date
for the final rule published February 7,
2008 (73 FR 7190), is corrected to March
15, 2008. Other corrections in this
document are also effective March 15,
2008.
FOR FURTHER INFORMATION CONTACT: Bill
Klein , Risk Management Specialist,
Product Management, Product
Administration and Standards Division,
Risk Management Agency, United States
VerDate Aug<31>2005
15:40 Feb 28, 2008
Plant part(s)
*
*
Colocasia
spp.,
Alocasia
spp.,
and
Xanthosoma spp.
Pyrus pyrifolia var. culta ................................
Fragaria spp ...................................................
*
Root ...............
*
(b)(2)(iv).
Fruit ...............
Fruit ...............
(b)(5)(ix).
(b)(5)(i).
*
(b) * * *
(5) * * *
(ix) Except for sand pears entering
Hawaii, only precleared consignments
are authorized. The consignment must
be accompanied by a PPQ Form 203
signed by the APHIS inspector on site
in the exporting country.
*
*
*
*
*
Jkt 214001
*
*
Department of Agriculture, Beacon
Facility—Mail Stop 0812, P.O. Box
419205, Kansas City, MO 64141–6205,
telephone (816) 926–7730.
SUPPLEMENTARY INFORMATION:
The final regulation that is the subject
of these corrections was intended to
amend certain Florida Citrus Fruit Crop
Insurance Provisions to be used in
conjunction with the Common Crop
Insurance Policy Basic Provisions for
ease of use and consistency of terms.
Need for Corrections
As published at 73 FR 7190, the final
regulation contained errors that may
prove to be misleading and need to be
clarified.
1. The first error is contained in the
beginning in the Final Rule on page
7190 where it indicates the Effective
Date of the amendments is March 10,
2008. This is incorrect. The text should
read: Effective Date: March 15, 2008.
2. The second error is on page 7196
in the words of issuance. This text
should have stated the amendments are
effective for the 2009 and succeeding
crop years. The text should read as
follows:
‘‘Accordingly, as set forth in the
preamble, the Federal Crop Insurance
Corporation amends 7 CFR part 457,
Common Crop Insurance Regulations,
for the 2009 and succeeding crop years
as follows:’’
3. The third error is on page 7199 in
section 10(e)(2)(iv). This correction
replaces the semi-colon at the end of
paragraph (e)(2)(iv) with a period.
Signed in Washington, DC, on February 21,
2008.
Eldon Gould,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. E8–3854 Filed 2–28–08; 8:45 am]
BILLING CODE 3410–08–P
Frm 00003
Fmt 4700
Sfmt 4700
*
*
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 959
[Docket Nos. AO–322–A4; AMS–2006–0079;
FV06–959–1]
Background
PO 00000
Additional
requirements
Botanical name
Onions Grown in South Texas; Order
Amending Marketing Order No. 959
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule amends Marketing
Order No. 959 (order), which regulates
the handling of onions grown in South
Texas. The amendments are based on
those proposed by the South Texas
Onion Committee (committee), which is
responsible for local administration of
the order, and the Department of
Agriculture (USDA). The amendments
will authorize interest and late payment
charges on assessments not paid within
a prescribed time period and require
that a continuance referendum be
conducted every six years to determine
grower support for the order. The
amendments were approved by onion
growers in a mail referendum conducted
from September 10 through September
28, 2007. The amendments are intended
to improve the operation and
functioning of the South Texas onion
marketing order program. Proposed
amendments that failed in referendum
and are not included in this final order
include authority for supplemental
assessment rates, marketing promotion
and paid advertising authority, and
tenure limitations for committee
members.
DATES:
This rule is effective March 31,
2008.
FOR FURTHER INFORMATION CONTACT:
Martin Engeler, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, Agricultural
Marketing Service, USDA, 2202
Monterey Street, #102–B, Fresno, CA
93721; telephone: (559) 487–5110, Fax:
(559) 487–5906, E-mail:
Martin.Engeler@usda.gov; or Kathleen
E:\FR\FM\29FER1.SGM
29FER1
Agencies
[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Rules and Regulations]
[Pages 10971-10973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3901]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 /
Rules and Regulations
[[Page 10971]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2007-0116]
RIN 0579-AC64
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the fruits and vegetables regulations by
eliminating a treatment requirement for Ya pears imported from Shandong
Province, China; clarifying the conditions that apply to the
importation of sand pears from the Republic of Korea and Japan; and
clarifying the distinction between plant parts that would be considered
plant litter or debris and those that would not. These changes
eliminate a treatment requirement that we have determined is no longer
necessary and clarify some existing provisions in order to make the
regulations easier to understand and implement.
DATES: Effective Date: March 31, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist,
Commodity Import Analysis and Operation, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1231; (301) 734-5333.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR
319.56-1 to 319.56-47, referred to below as the regulations), the
Animal and Plant Health Inspection Service (APHIS) prohibits or
restricts the importation of fruits and vegetables into the United
States from certain parts of the world to prevent plant pests from
being introduced into and spread within the United States.
On December 11, 2007, we published in the Federal Register (72 FR
70237-70240, Docket No. APHIS-2007-0116), a proposal \1\ to amend the
regulations by eliminating a treatment requirement for Ya pears
imported from Shandong Province, China; clarifying the conditions that
apply to the importation of sand pears from the Republic of Korea and
Japan; and clarifying the distinction between plant parts that would be
considered plant litter or debris and those that would not.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0116.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 30 days ending on
January 10, 2008. We received two comments by that date, both from tree
fruit industry groups. The comments are discussed below by topic.
One commenter expressed frustration with what he characterized as
technical barriers that are preventing the exportation to China of
pears grown in the United States and stated that such barriers should
be removed before we amend the regulations to benefit Chinese pear
growers.
As a signatory to the International Plant Protection Convention,
the United States has agreed not to prescribe or adopt phytosanitary
measures concerning the importation of plants, plant products, and
other regulated articles unless such measures are made necessary by
phytosanitary considerations and are technically justified. Given that,
we do not believe it would be appropriate to delay our removal of a
treatment requirement that has been shown to be unnecessary in order to
force reciprocal market access.
The other commenter stated that, while the proposed definition of
plant litter and debris seems straightforward, the Department of
Homeland Security's Customs and Border Protection (CBP) inspectors will
need to be trained to recognize the portions of plants permitted entry
from those that are not permitted entry. The commenter asked whether
APHIS and CBP will provide this type of training prior to
implementation of the new regulation.
We work closely with CBP to ensure that inspectors at the ports of
entry are provided with the training and support they need to carry out
their duties. This includes ensuring that inspectors are provided
accurate and up-to-date information as to which portions of plants are
approved for entry and which are not.
The same commenter also requested further clarification of the term
``freedom'' as it is used in Sec. 319.56-3(a) to indicate that fruits
and vegetables imported under the subpart must be free of plant litter
or debris. Specifically, the commenter asked whether, as a practical
matter, freedom meant zero litter or debris or would a generic
tolerance be used, below which the shipment would be considered
practically free of plant litter or debris.
We do not employ a generic tolerance for plant litter or debris.
While some allowances may on occasion be made for litter or debris
appearing in a consignment, decisions as to whether such allowances
should be made are based on inspectional guidelines and depend on a
number of factors, including the type of litter or debris and the pest
risks known to be associated with it, the nature of the commodity, and
its end use.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and the 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.
In this document, we are amending the regulations pertaining to the
importation of fruits and vegetables to eliminate a treatment
requirement for Ya pears imported from Shandong Province, China; to
clarify the conditions that apply to the importation of sand pears from
the Republic of Korea and Japan; and to clarify the distinction between
plant parts that would be considered to be plant litter or debris and
those that would not. Of these changes, only the elimination of the
treatment requirement could be expected to result in any economic
effects.
Removing the cold treatment requirement for Ya pears imported from
Shandong Province will reduce
[[Page 10972]]
importers' shipping expenses and may also affect domestic pear growers,
especially those who produce Ya and other Asian pears, and the
wholesalers and distributors of these commodities. However, for both
foreign and domestic pear producers, the change in requirements is
expected to have a very limited effect on the supply and demand for
pears overall.
China is the world's largest producer of pears and accounts for 65
percent of world pear production. According to statistics for marketing
year 2005 for three varieties of Chinese pears, including the Ya
variety, Hebei Province produced the largest volume of pears,
accounting for about 29 percent of pear production in China. Shandong
Province produced about 9 percent of China's pears during this time.
Although China's Ya pear exports are not classified by the originating
province, the removal of the cold treatment requirement of Ya pears
produced in Shandong Province may be expected to affect about 25
percent of total U.S. imports of Ya pears from China, assuming that the
quantities exported to the United States from the two provinces reflect
their relative levels of production.
The shipping expenses of importers seeking to import Ya pears from
Shandong Province could, under this rule, be reduced by the amount of
the expense of the cold treatment. This amount is estimated to be
approximately $0.06 per kilogram of pears. Since the number of Ya pears
imported from Shandong Province is estimated to be approximately one-
fourth of total Ya pear imports from China, the net impact on the
average price of Ya pears will likely be considerably smaller than
$0.06 per kilogram. If the cost reduction associated with the removal
of the cold treatment requirement affects the retail price of Ya pears
in the United States, it would be minimal.
Under the criteria established by the Small Business
Administration, fruit merchant wholesalers (North American Industry
Classification System code 424480) must have 100 or fewer employees to
be considered small entities. In 2002, there were 5,376 fresh fruit and
vegetable merchant wholesalers in the United States with a total of
110,578 paid employees, or, on the average, 21 paid employees per
establishment. Therefore, domestic fruit merchant wholesalers that may
be affected by this rule are predominantly small entities.
The 2002 Census of Agriculture estimates that there are
approximately 11,000 pear growers distributed throughout the United
States, and that the vast majority of pear growers operate in orchards
smaller than 250 acres, and with less than $750,000 in annual receipts.
The average annual sales value of pear growers is estimated to be
approximately $24,416 per grower. Based on this data, it is most likely
that pear growers in the United States are predominantly small
entities.
In the United States, Asian pears represent a small share of the
pear industry. In California, which contains the largest number of
Asian pear growers in the country, Asian pears constituted about 7
percent of the total harvested acreage in 2006. Of the Asian pear
varieties produced in the United States, Ya pears are estimated to make
up a very small percentage of the total number. The value of domestic
Ya pears is estimated at less than $1 million.
The expected economic effect of removing the cold treatment
requirement for Ya pears from Shandong Province is minor. Therefore,
this rule is expected to have little effect on importers or producers
of Ya pears in the United States.
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
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State or local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
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Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
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1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
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2. Section 319.56-2 is amended as follows:
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a. By removing the definition for plant debris.
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b. By adding, in alphabetical order, definitions for plant litter and
debris and portions of plants to read as set forth below.
Sec. 319.56-2 Definitions.
* * * * *
Plant litter and debris. Discarded or decaying organic matter;
detached leaves, twigs, or stems that do not add commercial value to
the product.
* * * * *
Portions of plants. Stalks or stems, including the pediculus,
pedicel, peduncle, raceme, or panicle, that are normally attached to
fruits or vegetables.
* * * * *
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3. In Sec. 319.56-3, paragraph (a) is revised to read as follows:
Sec. 319.56-3 General requirements for all imported fruits and
vegetables.
* * * * *
(a) Freedom from unauthorized plant parts. All fruits and
vegetables imported under this subpart, whether in commercial or
noncommercial consignments, must be free from plant litter or debris
and free of any portions of plants that are specifically prohibited in
the regulations in this subpart.
* * * * *
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4. Section 319.56-13 is amended as follows:
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a. In the table in paragraph (a), by removing the entry for ``Republic
of Korea'' and by adding, in alphabetical order, an entry for ``Korea,
Republic of'' to read as set forth below:
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b. In paragraph (b), by revising paragraph (b)(5)(ix) to read as set
forth below.
Sec. 319.56-13 Fruits and vegetables allowed importation subject to
specified conditions.
(a) * * *
[[Page 10973]]
----------------------------------------------------------------------------------------------------------------
Additional
Country/locality of origin Common name Botanical name Plant part(s) requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Korea, Republic of.............. Dasheen........... Colocasia spp., Root.............. (b)(2)(iv).
Alocasia spp.,
and Xanthosoma
spp.
Sand pear......... Pyrus pyrifolia Fruit............. (b)(5)(ix).
var. culta.
Strawberry........ Fragaria spp...... Fruit............. (b)(5)(i).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(b) * * *
(5) * * *
(ix) Except for sand pears entering Hawaii, only precleared
consignments are authorized. The consignment must be accompanied by a
PPQ Form 203 signed by the APHIS inspector on site in the exporting
country.
* * * * *
Sec. 319.56-29 [Amended]
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5. Section 319.56-29 is amended by removing paragraph (b) and
redesignating paragraph (c) as paragraph (b).
Done in Washington, DC, this 25th day of February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-3901 Filed 2-28-08; 8:45 am]
BILLING CODE 3410-34-P