Importation of Eggplant From Israel, 66807-66811 [E8-26814]
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66807
Proposed Rules
Federal Register
Vol. 73, No. 219
Wednesday, November 12, 2008
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 Part 319
[Docket No. APHIS–2007–0153]
RIN 0579–AC88
Importation of Eggplant From Israel
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: We are proposing to allow the
importation of commercial shipments of
fresh eggplant from Israel. As a
condition of entry, the eggplant would
be grown under a systems approach that
would include requirements for pest
exclusion at the production site, fruit fly
trapping inside and outside the
production site, and pest-excluding
packinghouse procedures. The eggplant
would also be required to be
accompanied by a phytosanitary
certificate issued by the Israeli national
plant protection organization with an
additional declaration confirming that
the eggplant had been produced in
accordance with the proposed
requirements. This action would allow
for the importation of commercial
consignments of fresh eggplant from
Israel into the United States while
continuing to provide protection against
the introduction of quarantine pests.
DATES: We will consider all comments
that we receive on or before January 12,
2009.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2007-0153 to submit or view comments
and to view supporting and related
materials available electronically.
• Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2007–0153,
Regulatory Analysis and Development,
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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–
2007–0153.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Donna L. West, Senior Import
Specialist, Commodity Import Analysis
and Operations, 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 319.56–1
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.
The Israeli national plant protection
organization (NPPO) has requested that
the Animal and Plant Health Inspection
Service (APHIS) amend the regulations
to allow fresh eggplant (Solanum
melongena L.) to be imported from
Israel into the continental United States.
As part of our evaluation of Israel’s
request, we prepared a pest risk
assessment (PRA) and a risk
management document (RMD). Copies
of the PRA and the RMD may be
obtained from the person listed under
FOR FURTHER INFORMATION CONTACT or
viewed on the Regulations.gov Web site
(see ADDRESSES above for instructions
for accessing Regulations.gov).
The PRA, titled ‘‘Evidence-based,
Pathway-Initiated Risk Assessment of
the Importation of Fresh Eggplant,
Solanum melongena, from Israel into
Continental United States’’ (March 26,
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2008), evaluates the risks associated
with the importation of fresh eggplant
into the continental United States (the
lower 48 States and Alaska) from Israel.
The PRA and supporting documents
identified six pests of quarantine
significance present in Israel that could
be introduced into the United States
through the importation of fresh
eggplant. These include the
Mediterranean fruit fly (Medfly,
Ceratitis capitata); two moths,
Helicoverpa armigera and Spodoptera
littoralis; a mite, Eutetranychus
orientalis; a mealybug, Nipaecoccus
viridis; and a thrips, Scirtothrips
dorsalis.
APHIS has determined that measures
beyond standard port of arrival
inspection are required to mitigate the
risks posed by these plant pests.
Therefore, we are proposing to allow the
importation of fresh eggplant from Israel
into the continental United States only
if the eggplant is produced under a
systems approach. The systems
approach would require that the
eggplant be grown in approved
production sites in pest-exclusionary
structures, would require trapping
inside and outside the pest-exclusionary
structures for Medfly, and would
require packinghouse procedures
designed to exclude all six quarantine
pests. Consignments of eggplant from
Israel would also be required to be
accompanied by a phytosanitary
certificate with an additional
declaration stating that the eggplant had
been produced in accordance with the
proposed requirements. Only
commercial consignments of eggplant
would be allowed to be imported from
Israel.
The mitigation measures in the
proposed systems approach are
discussed in greater detail below.
Approved Production Sites
The eggplant would have to be grown
in pest-exclusionary structures in
approved production sites in the Arava
Valley of Israel by growers registered
with the Israeli NPPO. The Israeli NPPO
and APHIS would have to jointly
approve of the production sites. The
pest-exclusionary structures would have
to be equipped with double self-closing
doors to prevent inadvertent
introduction of pests into the pestexclusionary structures. In addition, any
vents or openings in the pestexclusionary structures (other than the
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double self-closing doors) would have to
be covered with screening 1.6 mm or
smaller in order to prevent the entry of
pests into the pest-exclusionary
structure. The 1.6 mm maximum
screening size is adequate to exclude all
pests of quarantine significance named
earlier in this docket except for the
thrips species. However, even the thrips
species is at least partially discouraged
by the physical barrier of the 1.6 mm
mesh and the resultant reduced velocity
of wind currents upon which they are
borne. In addition, because thrips are
external feeders, they would most likely
be detected during inspection of the
pest-exclusionary structures for
quarantine pests.
We would require that the pestexclusionary structures be inspected
periodically by the Israeli NPPO or its
approved designee to ensure that
sanitary procedures are employed to
exclude plant pests and diseases and to
verify that the screening is intact.
The pest-exclusionary structures
would also have to be inspected
monthly for the six quarantine pests
listed earlier by the Israeli NPPO or its
approved designee, beginning 2 months
before harvest and continuing for the
duration of the harvest. APHIS would
have to be granted access in order to
monitor or inspect the pest-exclusionary
structures during this period as well. If,
during these inspections, quarantine
pests were found inside the pestexclusionary structure, the Israeli NPPO
would have to immediately prohibit that
pest-exclusionary structure from
exporting eggplants to the continental
United States and notify APHIS of the
action. The prohibition would remain in
effect until the Israeli NPPO and APHIS
agree that the risk has been mitigated.
Trapping for Medfly
Trapping for Medfly would be
required both inside and outside the
pest-exclusionary structures. Trapping
would have to begin 2 months before
harvest and continue for the duration of
the harvest.
APHIS-approved traps, with an
approved protein bait, would have to be
placed inside the pest-exclusionary
structures at a density of four traps per
hectare, with a minimum of at least two
traps per pest-exclusionary structure.
The traps would have to be serviced at
least once every 7 days. If a single
Medfly was found in a trap inside a
pest-exclusionary structure, the Israeli
NPPO would have to immediately
prohibit that pest-exclusionary structure
from exporting eggplant to the United
States and notify APHIS of the action.
The prohibition would remain in effect
until the Israeli NPPO and APHIS agree
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that the risk has been mitigated.
Measures we might use to mitigate the
risk include delimiting the source of the
infestation, increasing trap density,
applying pesticide sprays, or other
measures acceptable to APHIS to
prevent further occurrences.
In order to reduce the pest pressure of
Medfly outside the pest-exclusionary
structures, no shade trees would be
permitted within 10 meters of the entry
door of the pest-exclusionary structures,
and no fruit fly host plants would be
permitted within 50 meters of the entry
door of the pest-exclusionary structures.
While trapping is being conducted, no
fruit fly host material (such as fruit)
would be allowed to be brought into the
pest-exclusionary structures or
discarded within 50 meters of the entry
door of the pest-exclusionary structures.
A treatment jointly approved by the
Israeli NPPO and APHIS would have to
be applied in the areas of the Arava
Valley where fruit fly host material
occurs in backyards, in order to reduce
the Medfly population. This treatment
would have to be applied for the
duration of the eggplant harvest.
Trapping for Medfly would have to be
conducted by the Israeli NPPO or its
approved designee throughout the year
in the agricultural region along the
Arava Highway 90 and in the residential
area of Paran. These trapping records
would have to be kept and made
available to APHIS for review upon
request.
Packinghouse Procedures
The eggplant would have to be packed
within 24 hours of harvest in a pestexclusionary packinghouse. While
packing the eggplant for export to the
continental United States, the
packinghouse would only be allowed to
accept eggplant from approved pestexclusionary structures. As with the
pest-exclusionary structures, no shade
trees would be permitted within 10
meters of the entry door of the
packinghouse, and no fruit fly host
plants would be permitted within 50
meters of the entry door of the
packinghouse. The eggplant would have
to be safeguarded by a pest-proof screen
or plastic tarpaulin while in transit to
the packinghouse and while awaiting
packing. Packinghouse procedures
would have to include culling of any
visibly damaged, overripe, or infested
eggplant.
The eggplant would have to be packed
for shipment to the continental United
States in either individual insect-proof
cartons or boxes labeled with the
specific place of origin or non-insectproof cartons or boxes that are covered
by insect-proof mesh or plastic
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tarpaulins. Covered non-insect-proof
cartons or boxes would have to be
placed in shipping containers that have
identification labels indicating the
specific place of origin. Labeling the
cartons or boxes and/or containers with
the place of origin would facilitate
traceback if necessary and help ensure
that only shipments from approved
pest-exclusionary structures are shipped
to the continental United States. These
safeguards would have to remain intact
until the arrival of the eggplant in the
continental United States or the
consignment would not be allowed to
enter the continental United States.
These safeguards would prevent the
eggplant from being infested with plant
pests during departure from the
approved pest-exclusionary structures
until its arrival in the continental
United States.
Commercial Consignments
Only commercial consignments of
eggplant from Israel would be allowed
to be imported into the United States.
Produce grown commercially is less
likely to be infested with plant pests
than noncommercial consignments.
Noncommercial consignments are more
prone to infestations because the
commodity is often ripe to overripe,
could be of a variety with unknown
susceptibility to pests, and is often
grown with little or no pest control.
Commercial consignments, as defined in
§ 319.56–2, are consignments that an
inspector identifies as having been
imported for sale and distribution. Such
identification is based on a variety of
indicators, including, but not limited to:
Quantity of produce, type of packaging,
identification of grower or packinghouse
on the packaging, and documents
consigning the fruits or vegetables to a
wholesaler or retailer.
Phytosanitary Certificate
To certify that the eggplant has been
produced in accordance with the
mitigations described in this document,
we would require that each
consignment of eggplant be
accompanied by a phytosanitary
certificate of inspection issued by the
Israeli NPPO bearing an additional
declaration that reads ‘‘The eggplant in
this consignment has been grown in an
approved production site and inspected
and found free of the pests listed in 7
CFR 319.56–48.’’ These proposed
provisions governing the importation of
eggplant from Israel would be added to
the regulations as a new § 319.56–48.
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Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. The rule
has been determined to be not
significant for the purposes of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget.
We are proposing to allow the
importation of commercial shipments of
fresh eggplant from Israel. As a
condition of entry, the eggplant would
have to be grown under a systems
approach that would include
requirements for pest exclusion at the
production site, fruit fly trapping inside
and outside the production site, and
pest-excluding packinghouse
procedures. The eggplant would also be
required to be accompanied by a
phytosanitary certificate issued by the
Israeli NPPO with an additional
declaration confirming that the eggplant
had been produced in accordance with
the proposed requirements. This action
would allow for the importation of
commercial consignments of fresh
aeggplant from Israel into the United
States while continuing to provide
protection against the introduction of
quarantine pests.
Eggplant, which is native to India and
Pakistan, is a warm-season crop that is
sensitive to cool temperatures. World
production of eggplant is highly
concentrated, with 83 percent of output
by the top two producers, China (55
percent) and India (28 percent), and
66809
with the United States a distant 20th in
production.
According to the 2002 Census of
Agriculture, there were 50,000 farms in
47 States that may produce, among
other vegetables, some eggplant, but
only about 4 percent of the 50,000 farms
reported harvesting eggplant. In all,
about 7,000 acres are devoted to
eggplant production in the United
States, with 72 percent of eggplant
production taking place in 11 counties
in 4 States: California, Florida, Georgia,
and New Jersey (table 1). In addition, 63
percent of the number of acres planted
in eggplant in the United States are in
these four States. Production at a much
lower level takes place in other States
including Hawaii, Michigan, and New
York.
TABLE 1—2006 STATE-LEVEL PRODUCTION OF EGGPLANTS IN THE UNITED STATES
Eggplant production
(metric tons)
States/counties
California (Fresno and Riverside) ...................................................................
Florida (Palm Beach, Hillsborough, Dade) .....................................................
Georgia (Colquitt, Echols, Lowndes) ..............................................................
New Jersey (Gloucester, Cumberland, Atlantic) .............................................
Sum of 4 States ..............................................................................................
United States ...................................................................................................
17,690.11
15,875.74
14,870.75
11,748.05
60,184.65
83,914.61
Number of acres planted with
eggplants
...................................
...................................
...................................
...................................
(72% of production) ..
...................................
1,364.
1,174.
1,100.
800.
4,438 (63% of planted area).
7,000.
Source: United States Department of Agriculture (USDA), Economic Research Service (ERS), Vegetables and Melons Situation and Outlook
Yearbook, December 2006; U.S. Census of Agriculture, 2002.
Despite a per-capita consumption rate
of less than 1 pound, the United States
is the leading importer of eggplant in
the world, accounting for 20 percent of
world eggplant import volume.1 The
next largest eggplant importers are
France with 15 percent, Syria with 12
percent, Germany with 11 percent, and
Canada with 9 percent of world eggplant
import volume. These 5 countries
account for 67 percent of world eggplant
imports. The remaining 33 percent of
world eggplant imports is divided
among the rest of the world. Between
2004 and 2006, the United States
imported on average $45 million worth
of eggplant (table 2).
Most U.S. eggplant imports enter
during the cooler months of the year.
Florida is the only domestic shipper
during the winter.2
TABLE 2—U.S. TRADE OF FRESH EGGPLANTS, 2004–2006
U.S. imports
U.S. exports
Net imports
$49,028
45,981
39,986
$8,148
8,735
8,943
$40,880
37,246
31,043
49,768.4
54,096.8
49,065.0
9,669.1
9,660.5
9,626.2
40,099.3
44,436.3
39,438.8
Value in thousand dollars
2004 .........................................................................................................................................................
2005 .........................................................................................................................................................
2006 .........................................................................................................................................................
Quantities in metric tons
2004 .........................................................................................................................................................
2005 .........................................................................................................................................................
2006 .........................................................................................................................................................
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Source: U.S. Department of Commerce, Bureau of Census, as reported by Global Trade Information Services. Note: Based on the Harmonized Schedules 070930.
1 Vegetables and Melons Outlook/VGS–318/
December 14, 2006, Economic Research Service,
U.S. Department of Agriculture (pages 23–27).
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2 On average, during 2004–06, the winter season
(January–March) accounted for 55 percent of U.S.
eggplant imports; the spring season (April–June)
accounted for 20 percent; the summer season (July–
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September) accounted for 5 percent; and, the fall
season (October–December) accounted for 31
percent.
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Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Proposed Rules
Impact on Small Entities
U.S. entities that could be affected by
the proposed rule are domestic
producers of fresh eggplant and
wholesalers that import fresh eggplant.
Businesses producing fresh eggplant are
classified in the North American
Industry Classification System (NAICS)
within the category of other vegetable
(except potato) and melon farming
(NAICS 111219). The Small Business
Administration’s (SBA) small-entity
standard for this category is $750,000 or
less in annual receipts. While available
data do not provide the number of U.S.
eggplant-producing entities or
information on the size distribution of
U.S. eggplant-producing entities, it is
reasonable to assume that the majority
of the operations are small by SBA
standards, based on the fact that the
average vegetable farm is small.
Israel is a small exporter of eggplant.
For example, in 2006 Israel’s exports of
commercial shipments of fresh eggplant
were valued at only $20,000. This value
is only 0.05 percent of the value of U.S.
eggplant imports in 2006 (nearly $40
million). In other words, even if all of
Israel’s 2006 worldwide eggplant
exports are diverted entirely to the
United States, they would represent a
negligible share of total U.S. imports
and an even smaller share of the U.S.
eggplant supply.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action would not
have a significant economic impact on
a substantial number of small entities.
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Executive Order 12988
This proposed rule would allow
eggplant to be imported into the
continental United States from Israel. If
this proposed rule is adopted, State and
local laws and regulations regarding
eggplant 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.
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
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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–2007–0153.
Please send a copy of your comments to:
(1) Docket No. APHIS–2007–0153,
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 of commercial
consignments of fresh eggplant from
Israel. As a condition of entry, the
eggplant would be grown under a
systems approach that would include
requirements for pest exclusion at the
production site, fruit fly trapping inside
and outside the production site, and
pest-excluding packinghouse
procedures. The eggplant would also be
required to be accompanied by a
phytosanitary certificate issued by the
Israeli national plant protection
organization with an additional
declaration confirming that the eggplant
had been produced in accordance with
the proposed requirements. This action
would allow for the importation of
commercial consignments of fresh
eggplant from Israel into the United
States while continuing to provide
protection against the introduction of
quarantine pests.
Implementing this information
collection will allow respondents to
complete various documents such as
trapping records, labeling of boxes,
inspection, and phytosanitary
certificates.
We are soliciting comments from the
public (as well as affected agencies)
concerning our proposed information
collection and recordkeeping
requirements. These comments will
help us:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of our agency’s
functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
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(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 0.0047 hours per
response.
Respondents: Importers of eggplants,
foreign officials (non-government).
Estimated annual number of
respondents: 18,005.
Estimated annual number of
responses per respondent: 1.0031.
Estimated annual number of
responses: 18,061.
Estimated total annual burden on
respondents: 85 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’s Information Collection
Coordinator, at (301) 851–2908.
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’s
Information Collection Coordinator, at
(301) 851–2908.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we propose to amend 7
CFR part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
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.
2. A new § 319.56–48 is added to read
as follows:
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§ 319.56–48
Eggplant from Israel.
Eggplant (Solanum melongena L.)
may be imported into the continental
United States from Israel only under the
conditions described in this section.
These conditions are designed to
prevent the introduction of the
following quarantine pests: Ceratitis
capitata, Eutetranychus orientalis,
Helicoverpa armigera, Nipaecoccus
viridis, Scirtothrips dorsalis, and
Spodoptera littoralis.
(a) Approved pest-exclusionary
structures. The eggplant must be grown
in pest-exclusionary structures in
approved production sites in the Arava
Valley of Israel by growers registered
with the Israeli national plant protection
organization (NPPO). Initial approval of
the production sites must be completed
jointly by the Israeli NPPO and APHIS.
(1) The pest-exclusionary structures
must be equipped with double selfclosing doors.
(2) Any vents or openings in the pestexclusionary structures (other than the
double self-closing doors) must be
covered with 1.6 mm or smaller
screening in order to prevent the entry
of pests into the pest-exclusionary
structure.
(3) The pest-exclusionary structures
must be inspected periodically by the
Israeli NPPO or its approved designee to
ensure that sanitary procedures are
employed to exclude plant pests and
diseases and to verify that the screening
is intact.
(4) The pest-exclusionary structures
also must be inspected monthly for the
quarantine pests listed in the
introductory text of this section by the
Israeli NPPO or its approved designee,
beginning 2 months before harvest and
continuing for the duration of the
harvest. APHIS must be granted access
to inspect or monitor the pestexclusionary structures during this
period as well. If, during these
inspections, any quarantine pests listed
in the introductory text of this section
are found inside a pest-exclusionary
structure, the Israeli NPPO will
immediately prohibit that pestexclusionary structure from exporting
eggplant to the continental United
States and notify APHIS of the action.
The prohibition will remain in effect
until the Israeli NPPO and APHIS agree
that the risk has been mitigated.
(b) Trapping for Medfly. Trapping for
Mediterranean fruit fly (Medfly,
Ceratitis capitata) is required both
inside and outside the pest-exclusionary
structures. Trapping must begin 2
months before harvest and continue for
the duration of the harvest.
(1) Inside the pest-exclusionary
structures. APHIS-approved fruit fly
VerDate Aug<31>2005
18:29 Nov 10, 2008
Jkt 217001
traps with an approved protein bait
must be placed inside the pestexclusionary structures at a density of
four traps per hectare, with a minimum
of at least two traps per pestexclusionary structure. The traps must
be serviced at least once every 7 days.
If a single Medfly is found in a trap
inside a pest-exclusionary structure, the
Israeli NPPO will immediately prohibit
that pest-exclusionary structure from
exporting eggplant to the continental
United States and notify APHIS of the
action. The prohibition will remain in
effect until the Israeli NPPO and APHIS
agree that the risk has been mitigated.
(2) Outside the pest-exclusionary
structures. (i) No shade trees are
permitted within 10 meters of the entry
door of the pest-exclusionary structures,
and no fruit fly host plants are
permitted within 50 meters of the entry
door of the pest-exclusionary structures.
While trapping is being conducted, no
fruit fly host material (such as fruit) may
be brought into the pest-exclusionary
structures or be discarded within 50
meters of the entry door of the pestexclusionary structures.
(ii) A treatment jointly approved by
the Israeli NPPO and APHIS must be
applied for the duration of the eggplant
harvest in the areas of the Arava Valley
where fruit fly host material occurs in
backyards.
(iii) Trapping for Medfly must be
conducted by the Israeli NPPO or its
approved designee throughout the year
in the agricultural region along the
Arava Highway 90 and in the residential
area of Paran.
(iv) Trapping records must be kept
and made available for APHIS review
upon request.
(c) Packinghouse procedures. The
eggplant must be packed within 24
hours of harvest in a pest-exclusionary
packinghouse. While packing the
eggplant for export to the continental
United States, the packinghouse may
only accept eggplant from approved
pest-exclusionary structures. No shade
trees are permitted within 10 meters of
the entry door of the packinghouse, and
no fruit fly host plants are permitted
within 50 meters of the entry door of the
packinghouse. The eggplant must be
safeguarded by a pest-proof screen or
plastic tarpaulin while in transit to the
packinghouse and while awaiting
packing. Packinghouse procedures must
include culling of any visibly damaged,
overripe, or infested eggplant. The
eggplant must be packed in either
individual insect-proof cartons or boxes
labeled with the specific place of origin
or non-insect-proof cartons or boxes that
are covered by insect-proof mesh or
plastic tarpaulins. Covered non-insect-
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
66811
proof cartons or boxes must be placed
in shipping containers that have
identification labels indicating the
specific place of origin. These
safeguards must remain intact until the
arrival of the eggplant in the continental
United States or the consignment will
not be allowed to enter the continental
United States.
(d) Commercial consignments.
Eggplant from Israel may be imported in
commercial consignments only.
(e) Phytosanitary certificate. Each
consignment of eggplant must be
accompanied by a phytosanitary
certificate of inspection issued by the
Israeli NPPO with an additional
declaration reading as follows: ‘‘The
eggplant in this consignment has been
grown in an approved production site
and inspected and found free of the
pests listed in 7 CFR 319.56*48.’’
Done in Washington, DC, this 5th day of
November 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–26814 Filed 11–10–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 17
[Docket No. FDA–2008–N–0561]
Maximum Civil Money Penalty
Amounts and Compliance With the
Federal Civil Penalties Inflation
Adjustment Act
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
SUMMARY: The Food and Drug
Administration (FDA) is publishing this
companion proposed rule to the direct
final rule, published elsewhere in this
issue of the Federal Register, which is
intended to amend our regulations to
adjust for inflation the maximum civil
money penalty amounts for the various
civil money penalty authorities within
our jurisdiction. We are taking this
action to comply with the Federal Civil
Penalties Inflation Adjustment Act of
1990 (FCPIAA), as amended. The last
adjustment was published in the
Federal Register of July 20, 2004 (69 FR
43299), and the FCPIAA requires
Federal agencies to adjust their civil
money penalties at least once every 4
years. This proposed rule does not
adjust the civil money provisions
E:\FR\FM\12NOP1.SGM
12NOP1
]]>Agencies
[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Proposed Rules]
[Pages 66807-66811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26814]
========================================================================
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. 73, No. 219 / Wednesday, November 12, 2008 /
Proposed Rules
[[Page 66807]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2007-0153]
RIN 0579-AC88
Importation of Eggplant From Israel
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to allow the importation of commercial
shipments of fresh eggplant from Israel. As a condition of entry, the
eggplant would be grown under a systems approach that would include
requirements for pest exclusion at the production site, fruit fly
trapping inside and outside the production site, and pest-excluding
packinghouse procedures. The eggplant would also be required to be
accompanied by a phytosanitary certificate issued by the Israeli
national plant protection organization with an additional declaration
confirming that the eggplant had been produced in accordance with the
proposed requirements. This action would allow for the importation of
commercial consignments of fresh eggplant from Israel into the United
States while continuing to provide protection against the introduction
of quarantine pests.
DATES: We will consider all comments that we receive on or before
January 12, 2009.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0153 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2007-0153, 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-2007-0153.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import
Specialist, Commodity Import Analysis and Operations, 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
319.56-1 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.
The Israeli national plant protection organization (NPPO) has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow fresh eggplant (Solanum melongena L.) to
be imported from Israel into the continental United States. As part of
our evaluation of Israel's request, we prepared a pest risk assessment
(PRA) and a risk management document (RMD). Copies of the PRA and the
RMD may be obtained from the person listed under FOR FURTHER
INFORMATION CONTACT or viewed on the Regulations.gov Web site (see
ADDRESSES above for instructions for accessing Regulations.gov).
The PRA, titled ``Evidence-based, Pathway-Initiated Risk Assessment
of the Importation of Fresh Eggplant, Solanum melongena, from Israel
into Continental United States'' (March 26, 2008), evaluates the risks
associated with the importation of fresh eggplant into the continental
United States (the lower 48 States and Alaska) from Israel.
The PRA and supporting documents identified six pests of quarantine
significance present in Israel that could be introduced into the United
States through the importation of fresh eggplant. These include the
Mediterranean fruit fly (Medfly, Ceratitis capitata); two moths,
Helicoverpa armigera and Spodoptera littoralis; a mite, Eutetranychus
orientalis; a mealybug, Nipaecoccus viridis; and a thrips, Scirtothrips
dorsalis.
APHIS has determined that measures beyond standard port of arrival
inspection are required to mitigate the risks posed by these plant
pests. Therefore, we are proposing to allow the importation of fresh
eggplant from Israel into the continental United States only if the
eggplant is produced under a systems approach. The systems approach
would require that the eggplant be grown in approved production sites
in pest-exclusionary structures, would require trapping inside and
outside the pest-exclusionary structures for Medfly, and would require
packinghouse procedures designed to exclude all six quarantine pests.
Consignments of eggplant from Israel would also be required to be
accompanied by a phytosanitary certificate with an additional
declaration stating that the eggplant had been produced in accordance
with the proposed requirements. Only commercial consignments of
eggplant would be allowed to be imported from Israel.
The mitigation measures in the proposed systems approach are
discussed in greater detail below.
Approved Production Sites
The eggplant would have to be grown in pest-exclusionary structures
in approved production sites in the Arava Valley of Israel by growers
registered with the Israeli NPPO. The Israeli NPPO and APHIS would have
to jointly approve of the production sites. The pest-exclusionary
structures would have to be equipped with double self-closing doors to
prevent inadvertent introduction of pests into the pest-exclusionary
structures. In addition, any vents or openings in the pest-exclusionary
structures (other than the
[[Page 66808]]
double self-closing doors) would have to be covered with screening 1.6
mm or smaller in order to prevent the entry of pests into the pest-
exclusionary structure. The 1.6 mm maximum screening size is adequate
to exclude all pests of quarantine significance named earlier in this
docket except for the thrips species. However, even the thrips species
is at least partially discouraged by the physical barrier of the 1.6 mm
mesh and the resultant reduced velocity of wind currents upon which
they are borne. In addition, because thrips are external feeders, they
would most likely be detected during inspection of the pest-
exclusionary structures for quarantine pests.
We would require that the pest-exclusionary structures be inspected
periodically by the Israeli NPPO or its approved designee to ensure
that sanitary procedures are employed to exclude plant pests and
diseases and to verify that the screening is intact.
The pest-exclusionary structures would also have to be inspected
monthly for the six quarantine pests listed earlier by the Israeli NPPO
or its approved designee, beginning 2 months before harvest and
continuing for the duration of the harvest. APHIS would have to be
granted access in order to monitor or inspect the pest-exclusionary
structures during this period as well. If, during these inspections,
quarantine pests were found inside the pest-exclusionary structure, the
Israeli NPPO would have to immediately prohibit that pest-exclusionary
structure from exporting eggplants to the continental United States and
notify APHIS of the action. The prohibition would remain in effect
until the Israeli NPPO and APHIS agree that the risk has been
mitigated.
Trapping for Medfly
Trapping for Medfly would be required both inside and outside the
pest-exclusionary structures. Trapping would have to begin 2 months
before harvest and continue for the duration of the harvest.
APHIS-approved traps, with an approved protein bait, would have to
be placed inside the pest-exclusionary structures at a density of four
traps per hectare, with a minimum of at least two traps per pest-
exclusionary structure. The traps would have to be serviced at least
once every 7 days. If a single Medfly was found in a trap inside a
pest-exclusionary structure, the Israeli NPPO would have to immediately
prohibit that pest-exclusionary structure from exporting eggplant to
the United States and notify APHIS of the action. The prohibition would
remain in effect until the Israeli NPPO and APHIS agree that the risk
has been mitigated. Measures we might use to mitigate the risk include
delimiting the source of the infestation, increasing trap density,
applying pesticide sprays, or other measures acceptable to APHIS to
prevent further occurrences.
In order to reduce the pest pressure of Medfly outside the pest-
exclusionary structures, no shade trees would be permitted within 10
meters of the entry door of the pest-exclusionary structures, and no
fruit fly host plants would be permitted within 50 meters of the entry
door of the pest-exclusionary structures. While trapping is being
conducted, no fruit fly host material (such as fruit) would be allowed
to be brought into the pest-exclusionary structures or discarded within
50 meters of the entry door of the pest-exclusionary structures. A
treatment jointly approved by the Israeli NPPO and APHIS would have to
be applied in the areas of the Arava Valley where fruit fly host
material occurs in backyards, in order to reduce the Medfly population.
This treatment would have to be applied for the duration of the
eggplant harvest. Trapping for Medfly would have to be conducted by the
Israeli NPPO or its approved designee throughout the year in the
agricultural region along the Arava Highway 90 and in the residential
area of Paran. These trapping records would have to be kept and made
available to APHIS for review upon request.
Packinghouse Procedures
The eggplant would have to be packed within 24 hours of harvest in
a pest-exclusionary packinghouse. While packing the eggplant for export
to the continental United States, the packinghouse would only be
allowed to accept eggplant from approved pest-exclusionary structures.
As with the pest-exclusionary structures, no shade trees would be
permitted within 10 meters of the entry door of the packinghouse, and
no fruit fly host plants would be permitted within 50 meters of the
entry door of the packinghouse. The eggplant would have to be
safeguarded by a pest-proof screen or plastic tarpaulin while in
transit to the packinghouse and while awaiting packing. Packinghouse
procedures would have to include culling of any visibly damaged,
overripe, or infested eggplant.
The eggplant would have to be packed for shipment to the
continental United States in either individual insect-proof cartons or
boxes labeled with the specific place of origin or non-insect-proof
cartons or boxes that are covered by insect-proof mesh or plastic
tarpaulins. Covered non-insect-proof cartons or boxes would have to be
placed in shipping containers that have identification labels
indicating the specific place of origin. Labeling the cartons or boxes
and/or containers with the place of origin would facilitate traceback
if necessary and help ensure that only shipments from approved pest-
exclusionary structures are shipped to the continental United States.
These safeguards would have to remain intact until the arrival of the
eggplant in the continental United States or the consignment would not
be allowed to enter the continental United States. These safeguards
would prevent the eggplant from being infested with plant pests during
departure from the approved pest-exclusionary structures until its
arrival in the continental United States.
Commercial Consignments
Only commercial consignments of eggplant from Israel would be
allowed to be imported into the United States. Produce grown
commercially is less likely to be infested with plant pests than
noncommercial consignments. Noncommercial consignments are more prone
to infestations because the commodity is often ripe to overripe, could
be of a variety with unknown susceptibility to pests, and is often
grown with little or no pest control. Commercial consignments, as
defined in Sec. 319.56-2, are consignments that an inspector
identifies as having been imported for sale and distribution. Such
identification is based on a variety of indicators, including, but not
limited to: Quantity of produce, type of packaging, identification of
grower or packinghouse on the packaging, and documents consigning the
fruits or vegetables to a wholesaler or retailer.
Phytosanitary Certificate
To certify that the eggplant has been produced in accordance with
the mitigations described in this document, we would require that each
consignment of eggplant be accompanied by a phytosanitary certificate
of inspection issued by the Israeli NPPO bearing an additional
declaration that reads ``The eggplant in this consignment has been
grown in an approved production site and inspected and found free of
the pests listed in 7 CFR 319.56-48.'' These proposed provisions
governing the importation of eggplant from Israel would be added to the
regulations as a new Sec. 319.56-48.
[[Page 66809]]
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to allow the importation of commercial shipments
of fresh eggplant from Israel. As a condition of entry, the eggplant
would have to be grown under a systems approach that would include
requirements for pest exclusion at the production site, fruit fly
trapping inside and outside the production site, and pest-excluding
packinghouse procedures. The eggplant would also be required to be
accompanied by a phytosanitary certificate issued by the Israeli NPPO
with an additional declaration confirming that the eggplant had been
produced in accordance with the proposed requirements. This action
would allow for the importation of commercial consignments of fresh
aeggplant from Israel into the United States while continuing to
provide protection against the introduction of quarantine pests.
Eggplant, which is native to India and Pakistan, is a warm-season
crop that is sensitive to cool temperatures. World production of
eggplant is highly concentrated, with 83 percent of output by the top
two producers, China (55 percent) and India (28 percent), and with the
United States a distant 20th in production.
According to the 2002 Census of Agriculture, there were 50,000
farms in 47 States that may produce, among other vegetables, some
eggplant, but only about 4 percent of the 50,000 farms reported
harvesting eggplant. In all, about 7,000 acres are devoted to eggplant
production in the United States, with 72 percent of eggplant production
taking place in 11 counties in 4 States: California, Florida, Georgia,
and New Jersey (table 1). In addition, 63 percent of the number of
acres planted in eggplant in the United States are in these four
States. Production at a much lower level takes place in other States
including Hawaii, Michigan, and New York.
Table 1--2006 State-Level Production of Eggplants in the United States
----------------------------------------------------------------------------------------------------------------
States/counties Eggplant production (metric tons) Number of acres planted with eggplants
----------------------------------------------------------------------------------------------------------------
California (Fresno and 17,690.11.............................. 1,364.
Riverside).
Florida (Palm Beach, 15,875.74.............................. 1,174.
Hillsborough, Dade).
Georgia (Colquitt, Echols, 14,870.75.............................. 1,100.
Lowndes).
New Jersey (Gloucester, 11,748.05.............................. 800.
Cumberland, Atlantic).
Sum of 4 States............... 60,184.65 (72% of production).......... 4,438 (63% of planted area).
United States................. 83,914.61.............................. 7,000.
----------------------------------------------------------------------------------------------------------------
Source: United States Department of Agriculture (USDA), Economic Research Service (ERS), Vegetables and Melons
Situation and Outlook Yearbook, December 2006; U.S. Census of Agriculture, 2002.
Despite a per-capita consumption rate of less than 1 pound, the
United States is the leading importer of eggplant in the world,
accounting for 20 percent of world eggplant import volume.\1\ The next
largest eggplant importers are France with 15 percent, Syria with 12
percent, Germany with 11 percent, and Canada with 9 percent of world
eggplant import volume. These 5 countries account for 67 percent of
world eggplant imports. The remaining 33 percent of world eggplant
imports is divided among the rest of the world. Between 2004 and 2006,
the United States imported on average $45 million worth of eggplant
(table 2).
---------------------------------------------------------------------------
\1\ Vegetables and Melons Outlook/VGS-318/December 14, 2006,
Economic Research Service, U.S. Department of Agriculture (pages 23-
27).
---------------------------------------------------------------------------
Most U.S. eggplant imports enter during the cooler months of the
year. Florida is the only domestic shipper during the winter.\2\
---------------------------------------------------------------------------
\2\ On average, during 2004-06, the winter season (January-
March) accounted for 55 percent of U.S. eggplant imports; the spring
season (April-June) accounted for 20 percent; the summer season
(July-September) accounted for 5 percent; and, the fall season
(October-December) accounted for 31 percent.
Table 2--U.S. Trade of Fresh Eggplants, 2004-2006
------------------------------------------------------------------------
U.S. U.S.
imports exports Net imports
------------------------------------------------------------------------
Value in thousand dollars
------------------------------------------------------------------------
2004............................. $49,028 $8,148 $40,880
2005............................. 45,981 8,735 37,246
2006............................. 39,986 8,943 31,043
------------------------------------------------------------------------
Quantities in metric tons
------------------------------------------------------------------------
2004............................. 49,768.4 9,669.1 40,099.3
2005............................. 54,096.8 9,660.5 44,436.3
2006............................. 49,065.0 9,626.2 39,438.8
------------------------------------------------------------------------
Source: U.S. Department of Commerce, Bureau of Census, as reported by
Global Trade Information Services. Note: Based on the Harmonized
Schedules 070930.
[[Page 66810]]
Impact on Small Entities
U.S. entities that could be affected by the proposed rule are
domestic producers of fresh eggplant and wholesalers that import fresh
eggplant. Businesses producing fresh eggplant are classified in the
North American Industry Classification System (NAICS) within the
category of other vegetable (except potato) and melon farming (NAICS
111219). The Small Business Administration's (SBA) small-entity
standard for this category is $750,000 or less in annual receipts.
While available data do not provide the number of U.S. eggplant-
producing entities or information on the size distribution of U.S.
eggplant-producing entities, it is reasonable to assume that the
majority of the operations are small by SBA standards, based on the
fact that the average vegetable farm is small.
Israel is a small exporter of eggplant. For example, in 2006
Israel's exports of commercial shipments of fresh eggplant were valued
at only $20,000. This value is only 0.05 percent of the value of U.S.
eggplant imports in 2006 (nearly $40 million). In other words, even if
all of Israel's 2006 worldwide eggplant exports are diverted entirely
to the United States, they would represent a negligible share of total
U.S. imports and an even smaller share of the U.S. eggplant supply.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule would allow eggplant to be imported into the
continental United States from Israel. If this proposed rule is
adopted, State and local laws and regulations regarding eggplant
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.
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-
2007-0153. Please send a copy of your comments to: (1) Docket No.
APHIS-2007-0153, 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 of commercial
consignments of fresh eggplant from Israel. As a condition of entry,
the eggplant would be grown under a systems approach that would include
requirements for pest exclusion at the production site, fruit fly
trapping inside and outside the production site, and pest-excluding
packinghouse procedures. The eggplant would also be required to be
accompanied by a phytosanitary certificate issued by the Israeli
national plant protection organization with an additional declaration
confirming that the eggplant had been produced in accordance with the
proposed requirements. This action would allow for the importation of
commercial consignments of fresh eggplant from Israel into the United
States while continuing to provide protection against the introduction
of quarantine pests.
Implementing this information collection will allow respondents to
complete various documents such as trapping records, labeling of boxes,
inspection, and phytosanitary certificates.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.0047 hours per response.
Respondents: Importers of eggplants, foreign officials (non-
government).
Estimated annual number of respondents: 18,005.
Estimated annual number of responses per respondent: 1.0031.
Estimated annual number of responses: 18,061.
Estimated total annual burden on respondents: 85 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's Information Collection Coordinator, at (301)
851-2908.
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's Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
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.
2. A new Sec. 319.56-48 is added to read as follows:
[[Page 66811]]
Sec. 319.56-48 Eggplant from Israel.
Eggplant (Solanum melongena L.) may be imported into the
continental United States from Israel only under the conditions
described in this section. These conditions are designed to prevent the
introduction of the following quarantine pests: Ceratitis capitata,
Eutetranychus orientalis, Helicoverpa armigera, Nipaecoccus viridis,
Scirtothrips dorsalis, and Spodoptera littoralis.
(a) Approved pest-exclusionary structures. The eggplant must be
grown in pest-exclusionary structures in approved production sites in
the Arava Valley of Israel by growers registered with the Israeli
national plant protection organization (NPPO). Initial approval of the
production sites must be completed jointly by the Israeli NPPO and
APHIS.
(1) The pest-exclusionary structures must be equipped with double
self-closing doors.
(2) Any vents or openings in the pest-exclusionary structures
(other than the double self-closing doors) must be covered with 1.6 mm
or smaller screening in order to prevent the entry of pests into the
pest-exclusionary structure.
(3) The pest-exclusionary structures must be inspected periodically
by the Israeli NPPO or its approved designee to ensure that sanitary
procedures are employed to exclude plant pests and diseases and to
verify that the screening is intact.
(4) The pest-exclusionary structures also must be inspected monthly
for the quarantine pests listed in the introductory text of this
section by the Israeli NPPO or its approved designee, beginning 2
months before harvest and continuing for the duration of the harvest.
APHIS must be granted access to inspect or monitor the pest-
exclusionary structures during this period as well. If, during these
inspections, any quarantine pests listed in the introductory text of
this section are found inside a pest-exclusionary structure, the
Israeli NPPO will immediately prohibit that pest-exclusionary structure
from exporting eggplant to the continental United States and notify
APHIS of the action. The prohibition will remain in effect until the
Israeli NPPO and APHIS agree that the risk has been mitigated.
(b) Trapping for Medfly. Trapping for Mediterranean fruit fly
(Medfly, Ceratitis capitata) is required both inside and outside the
pest-exclusionary structures. Trapping must begin 2 months before
harvest and continue for the duration of the harvest.
(1) Inside the pest-exclusionary structures. APHIS-approved fruit
fly traps with an approved protein bait must be placed inside the pest-
exclusionary structures at a density of four traps per hectare, with a
minimum of at least two traps per pest-exclusionary structure. The
traps must be serviced at least once every 7 days. If a single Medfly
is found in a trap inside a pest-exclusionary structure, the Israeli
NPPO will immediately prohibit that pest-exclusionary structure from
exporting eggplant to the continental United States and notify APHIS of
the action. The prohibition will remain in effect until the Israeli
NPPO and APHIS agree that the risk has been mitigated.
(2) Outside the pest-exclusionary structures. (i) No shade trees
are permitted within 10 meters of the entry door of the pest-
exclusionary structures, and no fruit fly host plants are permitted
within 50 meters of the entry door of the pest-exclusionary structures.
While trapping is being conducted, no fruit fly host material (such as
fruit) may be brought into the pest-exclusionary structures or be
discarded within 50 meters of the entry door of the pest-exclusionary
structures.
(ii) A treatment jointly approved by the Israeli NPPO and APHIS
must be applied for the duration of the eggplant harvest in the areas
of the Arava Valley where fruit fly host material occurs in backyards.
(iii) Trapping for Medfly must be conducted by the Israeli NPPO or
its approved designee throughout the year in the agricultural region
along the Arava Highway 90 and in the residential area of Paran.
(iv) Trapping records must be kept and made available for APHIS
review upon request.
(c) Packinghouse procedures. The eggplant must be packed within 24
hours of harvest in a pest-exclusionary packinghouse. While packing the
eggplant for export to the continental United States, the packinghouse
may only accept eggplant from approved pest-exclusionary structures. No
shade trees are permitted within 10 meters of the entry door of the
packinghouse, and no fruit fly host plants are permitted within 50
meters of the entry door of the packinghouse. The eggplant must be
safeguarded by a pest-proof screen or plastic tarpaulin while in
transit to the packinghouse and while awaiting packing. Packinghouse
procedures must include culling of any visibly damaged, overripe, or
infested eggplant. The eggplant must be packed in either individual
insect-proof cartons or boxes labeled with the specific place of origin
or non-insect-proof cartons or boxes that are covered by insect-proof
mesh or plastic tarpaulins. Covered non-insect-proof cartons or boxes
must be placed in shipping containers that have identification labels
indicating the specific place of origin. These safeguards must remain
intact until the arrival of the eggplant in the continental United
States or the consignment will not be allowed to enter the continental
United States.
(d) Commercial consignments. Eggplant from Israel may be imported
in commercial consignments only.
(e) Phytosanitary certificate. Each consignment of eggplant must be
accompanied by a phytosanitary certificate of inspection issued by the
Israeli NPPO with an additional declaration reading as follows: ``The
eggplant in this consignment has been grown in an approved production
site and inspected and found free of the pests listed in 7 CFR
319.56*48.''
Done in Washington, DC, this 5th day of November 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-26814 Filed 11-10-08; 8:45 am]
BILLING CODE 3410-34-P
