Importation of Baby Squash and Baby Courgettes From Zambia, 76863-76868 [E8-30080]
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
given the opportunity to provide other
documentation.
(h) Verification reporting and
recordkeeping requirements. By March
1, each local educational agency must
report information related to its annual
statutorily required verification activity,
which excludes verification conducted
in accordance with paragraph (c)(7) of
this section, to the State agency in
accordance with guidelines provided by
FNS.
*
*
*
*
*
Dated: December 8, 2008.
Nancy Montanez Johner,
Under Secretary Food, Nutrition and
Consumer Services.
[FR Doc. E8–29904 Filed 12–17–08; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2007–0111]
RIN 0579–AC87
Importation of Ash Plants
rwilkins on PROD1PC63 with RULES
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
SUMMARY: We are adopting as a final
rule, without change, an interim rule
that amended the regulations governing
the importation of nursery stock to
prohibit or restrict the importation of
ash (Fraxinus spp.) plants for planting,
except seed, from all foreign countries
except for certain areas in Canada that
are not regulated areas for emerald ash
borer. The interim rule was necessary to
prevent further introductions of emerald
ash borer into the United States and to
prevent the artificial spread of this
destructive plant pest.
DATES: Effective on December 18, 2008,
we are adopting as a final rule the
interim rule published at 73 FR 54665–
54667 on September 23, 2008.
FOR FURTHER INFORMATION CONTACT: Dr.
Arnold Tschanz, Senior Risk Manager,
Commodity Import Analysis and
Operations, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737–
1231; (301) 734–5306.
SUPPLEMENTARY INFORMATION:
(Fraxinus spp., including green ash,
white ash, black ash, and several
horticultural varieties of ash). The
insect, which is indigenous to Asia and
known to occur in China, Korea, Japan,
Mongolia, the Russian Far East, and
Taiwan, eventually kills healthy ash
trees after it bores beneath their bark
and disrupts their vascular tissues. We
do not know the full extent of the
distribution of EAB throughout Asia and
in other regions, nor do we know if
there are other serious plant pests
affecting Fraxinus spp. plants for
planting present elsewhere in the world.
The regulations in 7 CFR part 319,
‘‘Foreign Quarantine Notices,’’ prohibit
or restrict the importation of certain
plants and plant products to prevent the
introduction or dissemination of plant
pests and noxious weeds in the United
States. In an interim rule 1 effective and
published in the Federal Register on
September 23, 2008 (73 FR 54665–
54667, Docket No. APHIS–2007–0111),
we amended the regulations in
§ 319.37–2(a) to prohibit imports of ash
(Fraxinus spp.) plants for planting,
except seed, from all foreign countries,
with the exception of areas of Canada
that are not regulated for EAB. To reflect
that prohibition, we also amended
§ 319.37–7(a)(3) by removing Fraxinus
spp. from the list of plants requiring
postentry quarantine.
Comments on the interim rule were
required to be received on or before
November 24, 2008. We received one
comment by that date. The comment
was from a State entomologist who
expressed support for the interim rule.
Therefore, for the reasons given in the
interim rule, we are adopting the
interim rule as a final rule without
change.
This action also affirms information
contained in the interim rule concerning
Executive Order 12866 and the
Regulatory Flexibility Act, Executive
Order 12988, and the Paperwork
Reduction Act. Further, for this action,
the Office of Management and Budget
has waived its review under Executive
Order 12866.
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.
Background
The emerald ash borer (EAB, Agrilus
planipennis) is a highly destructive
wood-boring insect that attacks ash trees
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1 To view the interim rule and the comment we
received, go to https://www.regulations.gov/
fdmspublic/component/main?main=DocketDetail&
d=APHIS-2007-0111.
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76863
PART 319—FOREIGN QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 319 and
that was published at 73 FR 54665–
54667 on September 23, 2008.
■
Done in Washington, DC, this 12th day of
December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–30077 Filed 12–17–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2007–0144]
RIN 0579–AC76
Importation of Baby Squash and Baby
Courgettes From Zambia
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the fruits
and vegetables regulations to allow the
importation into the continental United
States of baby squash and baby
courgettes from Zambia. As a condition
of entry, both commodities must be
produced in accordance with a systems
approach that includes requirements for
pest exclusion at the production site,
fruit fly trapping inside and outside the
production site, and pest-excluding
packinghouse procedures. Both
commodities must also be accompanied
by a phytosanitary certificate with an
additional declaration stating that the
baby squash or baby courgettes have
been produced in accordance with the
requirements of the systems approach.
This action will allow the importation
of baby squash and baby courgettes from
Zambia into the United States while
continuing to provide protection against
the introduction of quarantine pests.
DATES: Effective Date: January 20, 2009.
FOR FURTHER INFORMATION CONTACT:
Shirley Wager Page, Branch Chief,
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 through
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
319.56–47, referred to below as the
regulations) prohibit or restrict the
importation of fruits and vegetables into
the United States from certain parts of
the world to prevent the introduction
and dissemination of plant pests that are
new to or not widely distributed within
the United States.
On May 16, 2008, we published in the
Federal Register (73 FR 28372–28377,
Docket No. APHIS–2007–0144) a
proposal 1 to amend the fruits and
vegetables regulations to allow the
importation into the continental United
States of baby squash and baby
courgettes from Zambia. As a condition
of entry, we proposed to require that
both commodities be produced in
accordance with 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. We also
proposed to require that both
commodities be accompanied by a
phytosanitary certificate with an
additional declaration stating that the
baby squash or baby courgettes have
been produced in accordance with the
proposed requirements.
We solicited comments concerning
our proposal for 60 days ending July 15,
2008. We received one comment by that
date, from a representative of a State
government. The issues raised in that
comment are discussed below.
The systems approach we proposed
was designed to mitigate, among other
quarantine pests, three moths,
Diaphania indica, Helicoverpa
armigera, and Spodoptera littoralis. The
commenter stated that, because these
pests are internal feeders, inspection
and detection at origin and destination
are problematic, and reliance on
inspection places the commenter’s State
at high risk of introduction of these
pests. The commenter further stated that
the two pests that have the highest
unmitigated risk, H. armigera and S.
littoralis, are of great concern in the
commenter’s State. Yet, the commenter
stated, there are no real mitigative
measures to exclude these pests other
than insect-exclusionary greenhouses;
there is no trapping requirement or
specific inspection regime to assure
there have been no breaches of
greenhouses.
Under the final rule, the greenhouses
and packinghouses will have to be
approved jointly by the Zambian
national plant protection organization
1 To view the proposed rule and the comment we
received, go to https://www.regulations.gov/
fdmspublic/component/main?main=DocketDetail&
d=APHIS-2007-0144.
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17:41 Dec 17, 2008
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(NPPO) and APHIS and designed to be
pest-free. In addition, inspection will
not be performed solely on the
commodities; the greenhouses
themselves will be inspected monthly
for the presence of the pests. If any
quarantine pests are found in a
greenhouse, that greenhouse will be
prohibited from exporting until
corrective action is taken. Thus, we are
employing more mitigations than simple
commodity inspection to prevent baby
squash and baby courgettes imported
from Zambia from being infested with
these pests.
We have employed measures similar
to the ones we proposed to mitigate the
risk associated with H. armigera and S.
littoralis in other import programs. For
example, the regulations in § 319.56–
28(e), which allow the importation of
tomatoes from Australia under certain
conditions, require greenhouses to be
registered with and approved by the
Australian NPPO and to be inspected by
the Australian NPPO to establish
freedom from H. armigera and S.
littoralis. Similar measures are used to
mitigate the risk associated with H.
armigera and S. littoralis in the
regulations governing the importation of
peppers from Korea in § 319.56–42.
These measures have been effective at
preventing the introduction of H.
armigera and S. littoralis into the United
States via the importation of those
commodities. We have determined that
they will be equally effective when
employed to prevent the introduction of
these pests via baby squash and baby
courgettes from Zambia.
We proposed that the Zambian NPPO
or its approved designee be authorized
to carry out certain functions. The
commenter asked who would be the
designee and who would approve the
designee.
As discussed in the proposed rule, an
approved designee is an entity with
which the NPPO creates a formal
agreement that allows that entity to
certify that the appropriate procedures
have been followed. Thus, the NPPO
approves an approved designee. The
approved designee can be a contracted
entity, a coalition of growers, or the
growers themselves. APHIS authorizes
NPPOs to use designees to perform
certain phytosanitary functions in other
import programs, such as the cut flower
import program described in § 319.74–2.
The commenter stated that the
proposal indicates APHIS can monitor
the production sites before and during
harvest. The commenter further stated
that the word ‘‘can’’ is meaningless and
recommended that the text in question
read ‘‘APHIS will monitor the
production sites.’’
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The proposed language specifically
stated that APHIS must be allowed to
inspect or monitor the greenhouses. We
consider this language to be appropriate,
as it may not be necessary for APHIS to
inspect or monitor the greenhouses in
all cases. We will inspect or monitor the
greenhouses if we have reason to believe
that the risks associated with the
quarantine pests might not be effectively
mitigated in the greenhouses.
The commenter stated that the use of
McPhail traps as a detection tool is
problematic, as they have very limited
sensitivity in detecting low-level fruit
fly populations.
We have determined that McPhail
traps are the appropriate type to use for
the trapping due to their capacity to
catch important fruit fly species of
quarantine significance for which no
specific lures exist, such as the Dacus
spp. fruit flies identified as quarantine
pests in the pest risk assessment.
Accordingly, the risk management
document provided along with the
proposed rule reflects this. However, the
regulations specifically require the use
of traps approved by APHIS, meaning
that we can change the type of fruit fly
trap used if a trap better suited to Dacus
spp. fruit flies becomes available.
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 Regulatory
Flexibility Act
This final 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 accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities.
This analysis examines potential
impacts for U.S. small entities from the
importation of baby squash and baby
courgettes (zucchini) from Zambia into
the United States. The analysis is set
forth in terms of squash generally. As
background, we provide a brief
overview of squash production and
trade by the United States. This is
followed with an estimate of price and
welfare effects of the rule based on
assumed levels of squash imports from
Zambia. Finally, we describe the
expected impact on small entities.
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U.S. Squash Production and Trade
The United States is a major squash
producer and importer.2 The United
States produced 430,100 metric tons
(MT) of squash valued at $229 million
in 2006, while imports that year totaled
240,590 MT. Squash production occurs
in many States. However, the top 10
States (Georgia, Florida, California, New
York, Michigan, Ohio, Texas, North
Carolina, Oregon, and New Jersey)
accounted for 98 percent of total cash
receipts in 2006.3
As shown in table 1, U.S. squash
production increased from 398,800 MT
in 2002 to 430,100 MT in 2006, an
annual growth rate of about 1.6 percent.
Similarly, consumption increased from
605,970 MT to 665,730 MT. During the
same period, U.S. squash imports
increased from 210,930 MT in 2002 to
240,590 MT in 2006. Mexico accounted
by far for the largest share of U.S.
76865
imports (95.6 percent), followed
distantly by Costa Rica (1.6 percent),
and Canada (1.1 percent). Other minor
suppliers include Honduras, Panama,
New Zealand, Guatemala, and
Nicaragua. The United States was a net
importer throughout this period, with
average annual imports (over 234,000
MT) dwarfing exports (less than 4,300
MT). Imports from Zambia will be small
compared to an already large import
base.4
TABLE 1—U.S. SQUASH PRODUCTION, CONSUMPTION, PRICE, EXPORTS AND IMPORTS, 2002–2006
Production
(MT)
Year
2002
2003
2004
2005
2006
Consumption
(MT)
Price per
MT
Exports in
MT
Imports in
MT
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
398,800
365,650
401,330
378,030
430,100
605,970
602,880
637,650
611,090
665,730
$882
1,047
992
1,047
1,157
3,770
3,810
4,090
4,820
4,960
210,930
241,040
240,410
237,880
240,590
5-year average (2002–2006) ........................................
394,780
624,670
1,025
4,290
234,170
Sources: USDA/NASS, Vegetables 2006 Summary, January 2007; wholesale prices are from USDA/NASS, Fresh market vegetables prices
and yield data, 2002–2006; trade data are from USDA/Foreign Agricultural Service, The Global Trade Atlas: Global Trade Information Services,
Inc., Country Edition, August 2007.
Impact of Potential Fresh Squash
Imports
We estimate the impact of baby
squash and baby courgettes imports
from Zambia on U.S. production,
consumption, and prices using a net
trade welfare model. The data used were
obtained from the Foreign Agricultural
Service (FAS); The Global Trade Atlas:
Global Trade Information Services, Inc.,
Country Edition, August 2007; and
United Nations’ Food and Agriculture
Organization FAOstat data (https://
faostat.fao.org). The demand and supply
elasticities used are ¥0.66 and 0.12,
respectively.5
Our analysis is in terms of the overall
squash industry of the United States. If
data were available that would allow us
to estimate the impact of this rule only
in terms of the markets for baby squash
and baby courgettes, we would expect
the effects to be somewhat larger than
those reported here, but still
insignificant.
We model three levels of squash
exports to the United States from
Zambia: (1) 260 MT, average annual
global exports of squash by Zambia
(2004–2006); (2) 400 MT, the amount of
squash that the Government of Zambia
has projected would be exported to the
United States; and (3) 1,000 MT, a
quantity that is 21⁄2 times Zambia’s
projected exports to the United States.
Table 2 presents the changes that we
estimate could result from the final rule.
These include annual changes in U.S.
consumption, production, wholesale
price, consumer welfare, producer
welfare, and net welfare. The medium
level of assumed squash exports to the
United States of 400 MT (as projected by
the Government of Zambia) would
result in a decline of $0.89 per MT in
the wholesale price of squash and a fall
in U.S. production of 41 MT.
Consumption would increase by 359
MT. Producer welfare would decline by
$347,180 and consumer welfare would
increase by $558,240, yielding an
annual net benefit of about $211,060.
Other results are as shown in table 2
below.
TABLE 2—ESTIMATED IMPACT OF SQUASH IMPORTS FROM ZAMBIA ON THE UNITED STATES ECONOMY FOR THREE IMPORT
SCENARIOS
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Assumed annual squash imports, MT .......................................................................
Change in U.S. consumption, MT .............................................................................
Change in U.S. production, MT .................................................................................
Change in wholesale price of squash, dollars per MT ..............................................
Change in consumer welfare .....................................................................................
Change in producer welfare ......................................................................................
2 Squash can be classified depending on whether
it is harvested as immature fruit (summer squash)
or mature fruit (winter squash). Summer squash,
such as zucchini (also known as courgette),
pattypan, and yellow crookneck are harvested and
consumed during the growing season, while the
skin is still tender and the fruit relatively small.
Winter squash such as butternut, hubbard,
buttercup, ambercup, acorn, spaghetti squash, and
pumpkin are harvested at maturity, generally the
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1 260
234
¥26
¥$0.58
$362,820
¥$225,670
end of summer, cured to further harden the skin,
and stored in a cool place for eating later. They
generally require longer cooking time than summer
squash.
3 USDA/National Agricultural Statistics Service
(NASS), Vegetables 2006 Summary, January 2007.
4 Reliable production data are not available for
Zambia. Squash exported to the United States are
to be grown in insect-proof, pest-free greenhouses
at approved production sites. These sites are in the
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2 400
359
¥41
¥$0.89
$558,240
¥$347,180
3 1,000
898
¥102
¥$2.22
$1,396,210
¥$867,890
process of being constructed. The Zambian
Government expects to export around 400 MT of
fresh squash to the United States annually. It is not
clear whether some additional amount would be
produced for export to other countries.
5 Jaime E. Malaga, Gary W. Williams, and Stephen
W. Fuller, ‘‘U.S.-Mexico fresh vegetable trade: the
effects of trade liberalization and economic
growth,’’ Agricultural Economics, Vol. 26 (October
2001): 45–55.
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TABLE 2—ESTIMATED IMPACT OF SQUASH IMPORTS FROM ZAMBIA ON THE UNITED STATES ECONOMY FOR THREE IMPORT
SCENARIOS—Continued
Annual net benefit ..............................................................................................
$137,150
$211,060
$528,330
Note: The baseline data used are 5-year annual averages for production, consumption, prices, exports, and imports, as reported in the last
row of table 1. The demand and supply elasticities used are ¥0.66 and 0.12, respectively (Jaime E. Malaga, Gary W. Williams, and Stephen W.
Fuller, ‘‘U.S.-Mexico fresh vegetable trade: the effects of trade liberalization and economic growth,’’ Agricultural Economics, Vol. 26 (October
2001): 45–55).
1 Three-year (2004 to 2006) average total squash exports by Zambia.
2 Annual exports of fresh baby squash and baby courgettes to the United States, as projected by the Government of Zambia.
3 Two-and-one-half times the projected level of exports of baby squash and baby courgettes by Zambia to the United States.
In all three scenarios, consumer
welfare gains would outweigh producer
welfare losses. Even in the third
scenario, in which we assume imports
would total 21⁄2 times the level projected
by the Government of Zambia, the
decline in producer welfare would
represent only about two-tenths of 1
percent of cash receipts received from
the sale of domestic squash products.
The price decline in this third scenario
also would be only about two-tenths of
1 percent. Thus, our analysis indicates
that U.S. entities will be unlikely to be
significantly affected by this rule.
Impact on Small Entities
The Small Business Administration
(SBA) has established guidelines for
determining which types of firms are
considered to be small entities under
the Regulatory Flexibility Act. This rule
could affect U.S. producers of fresh
vegetables (North American Industry
Classification System 111219) and some
importers of fresh squash. Vegetableproducing establishments are classified
as small if their annual receipts are not
more than $750,000.6 According to the
2002 Census of Agriculture, there were
11,035 squash operations with
production valued at $288 million.
These facilities are considered to be
small if their annual receipts are not
more than $750,000. Over 98.6 percent
of these operations (10,883) are
considered to be small while the rest
(152) are considered large. Based on
share of acreage (nearly 60 percent of
the total), the small operations had
combined annual cash receipts of about
$168 million and an average income of
about $15,500, while the large
operations had combined sales of about
$120 million with an average income of
about $787,900. As shown in table 3, the
impact of potential squash imports on
U.S. producers as a result of this rule
will be small. The decrease in producer
welfare per small entity is less than $47,
or about 0.30 percent of average annual
sales of small entities, when we assume
1,000 MT of squash are exported to the
United States from Zambia (21⁄2 times
Zambia’s projected annual exports).
TABLE 3—ECONOMIC IMPACT OF POTENTIAL SQUASH IMPORTS FROM ZAMBIA ON U.S. SMALL ENTITIES, ASSUMING
ANNUAL EXPORTS OF 1,000 MT TO THE UNITED STATES, 2006 DOLLARS
Total decline in producer welfare 1 ..........................................................................................................................................
Decrease in welfare incurred by small entities 2 .....................................................................................................................
Average decrease per acre, small entities 3 ............................................................................................................................
Average decrease per small entity 4 ........................................................................................................................................
Average decrease as percentage of average sales, small entities 5 ...............................................................................
¥$867,890
¥$506,850
¥$12.18
¥$46.50
¥0.30 percent
1 From
table 2.
in producer welfare multiplied by 58.4 percent, the percentage of total acreage planted by producers with annual revenues of not
more than $750,000, that is, small entities. We assume that the change in producer welfare would be proportional to acreage share.
3 Decrease in producer welfare for small entities divided by 41,619, the number of acres planted by small entities.
4 Average decrease per acre multiplied by 3.82, the average number of acres per small entity.
5 Average decrease per small entity divided by $15,500, the average annual revenue per small entity.
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2 Change
Again, table 3 considers a level of
importation that is 21⁄2 times the
projected imports of baby squash and
baby courgettes; at expected levels of
importation, the expected economic
impacts would be even smaller. In
addition, this analysis assumes that
gains to Zambian exporters do not come
at the expense of any exporting
countries; if any displacement occurs,
the impact of the rule would be reduced
further.
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
6 SBA, Small business size standards matched to
the North American Industry Classification System
proceedings before parties may file suit
in court challenging this rule.
2002, effective October 2007 (https://www.sba.gov/
size/sizetable2002.html).
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This final rule allows baby squash
and baby courgettes to be imported into
the United States from Zambia. State
and local laws and regulations regarding
baby squash and baby courgettes
imported under this rule will be
preempted while the fruit is in foreign
commerce. Fresh vegetables are
generally imported for immediate
distribution and sale to the consuming
public, and remain in foreign commerce
until sold to the ultimate consumer. The
question of when foreign commerce
ceases in other cases must be addressed
on a case-by-case basis. No retroactive
effect will be given to this rule, and this
rule will not require administrative
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Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
(OMB) under OMB control number
0579–0347.
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
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provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this rule, please contact Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 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 are amending 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 Conditions governing the
entry of baby squash and baby courgettes
from Zambia.
Baby squash (Curcurbita maxima
Duchesne) and baby courgettes (C. pepo.
L.) measuring 10 to 25 millimeters (0.39
to 0.98 inches) in diameter and 60 to
105 millimeters (2.36 to 4.13 inches) in
length may be imported into the
continental United States from Zambia
only under the conditions described in
this section. These conditions are
designed to prevent the introduction of
the following quarantine pests:
Aulacaspis tubercularis, Dacus
bivitattus, Dacus ciliatus, Dacus
frontalis, Dacus lounsburyii, Dacus
punctatifrons, Dacus vertebratus,
Diaphania indica, Helicoverpa
armigera, and Spodoptera littoralis.
(a) Approved greenhouses. The baby
squash and baby courgettes must be
grown in Zambia in insect-proof, pestfree greenhouses approved jointly by the
Zambian national plant protection
organization (NPPO) and APHIS.
(1) The greenhouses must be
equipped with double self-closing
doors.
(2) Any vents or openings in the
greenhouses (other than the double selfclosing doors) must be covered with 1.6
mm screening in order to prevent the
entry of pests into the greenhouse.
(3) The greenhouses must be
inspected periodically by the Zambian
NPPO or its approved designee to
ensure that sanitary procedures are
employed to exclude plant pests and
VerDate Aug<31>2005
17:41 Dec 17, 2008
Jkt 217001
diseases and to verify that the screening
is intact.
(4) The greenhouses also must be
inspected monthly for the quarantine
pests listed in the introductory text of
this section by the Zambian NPPO or its
approved designee, beginning 2 months
before harvest and continuing for the
duration of the harvest. APHIS must be
allowed to inspect or monitor the
greenhouses during this period as well.
If, during these inspections, any of the
quarantine pests listed in the
introductory text of this section is found
inside the greenhouse, the Zambian
NPPO will immediately prohibit that
greenhouse from exporting baby squash
or baby courgettes to the United States
and notify APHIS of the action. The
prohibition will remain in effect until
the Zambian NPPO and APHIS agree
that the risk has been mitigated.
(b) Trapping for Dacus spp. fruit flies.
Trapping for Dacus bivitattus, Dacus
ciliatus, Dacus frontalis, Dacus
lounsburyii, Dacus punctatifrons, and
Dacus vertebratus (referred to in
paragraph (b) of this section,
collectively, as Dacus spp. fruit flies) is
required both inside and outside the
greenhouse. Trapping must be
conducted beginning 2 months before
harvest and continue for the duration of
the harvest.
(1) Inside the greenhouse. Approved
fruit fly traps with an approved protein
bait must be placed inside the
greenhouses at a density of four traps
per hectare, with a minimum of at least
two traps per greenhouse. The traps
must be serviced at least once every 7
days. If a Dacus spp. fruit fly is found
in a trap inside the greenhouse, the
Zambian NPPO will immediately
prohibit that greenhouse from exporting
baby squash or baby courgettes to the
United States and notify APHIS of the
action. The prohibition will remain in
effect until the Zambian NPPO and
APHIS agree that the risk has been
mitigated.
(2) Outside the greenhouse. (i)
Approved fruit fly traps with an
approved protein bait must be placed
inside a buffer area 500 meters wide
around the greenhouse at a density of 1
trap per 10 hectares, with a total of at
least 10 traps. At least one of these traps
must be placed near the greenhouse.
These traps must be serviced at least
once every 7 days.
(ii) No shade trees are permitted
within 10 meters of the entry door of the
greenhouse, and no fruit fly host plants
are permitted within 50 meters of the
entry door of the greenhouse. While
trapping is being conducted, no fruit fly
host material (such as fruit) may be
brought into the greenhouse or be
PO 00000
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Fmt 4700
Sfmt 4700
76867
discarded within 50 meters of the entry
door of the greenhouse. Ground
applications of an approved protein bait
spray for the Dacus spp. fruit flies must
be used on all shade trees and host
plants within 200 meters surrounding
the greenhouse every 6 to 10 days
starting at least 30 days before and
during harvest.
(iii) Dacus spp. fruit fly prevalence
levels lower than 0.7 flies per trap per
week (F/T/W) must be maintained
outside the greenhouse for the duration
of the trapping. If the F/T/W is 0.7 or
greater outside the greenhouse, the
Zambian NPPO will immediately
prohibit that greenhouse from exporting
baby squash or baby courgettes to the
United States and notify APHIS of the
action. The prohibition will remain in
effect until the Zambian NPPO and
APHIS agree that the risk has been
mitigated.
(3) Records and monitoring. The
Zambian NPPO or its approved designee
must maintain records of trap
placement, trap servicing, and any
Dacus spp. captures. The Zambian
NPPO must maintain an APHISapproved quality control program to
audit the trapping program. APHIS must
be given access to review 1 year’s worth
of trapping data for any approved
greenhouse upon request.
(c) Packinghouse procedures. Baby
squash and baby courgettes must be
packed within 24 hours of harvest in a
pest-exclusionary packinghouse. 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. In
addition, during packing, no fruit fly
host material other than the baby squash
and baby courgettes may be brought into
the packinghouse, and no fruit fly host
material may be discarded within 50
meters of the entry door of the
packinghouse. The baby squash or baby
courgettes must be safeguarded by a
pest-proof screen or plastic tarpaulin
while in transit to the packinghouse and
while awaiting packing. The baby
squash or baby courgettes must be
packed in insect-proof cartons for
shipment to the United States. These
cartons must be labeled with the
identity of the greenhouse. While
packing the baby squash or baby
courgettes for export to the United
States, the packinghouse may only
accept baby squash or baby courgettes
from approved greenhouses. These
safeguards must remain intact until the
arrival of the baby squash or baby
courgettes in the United States. If the
safeguards do not remain intact, the
E:\FR\FM\18DER1.SGM
18DER1
76868
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
consignment will not be allowed to
enter the United States.
(d) Commercial consignments. Baby
squash and baby courgettes from
Zambia may be imported in commercial
consignments only.
(e) Phytosanitary certificate. Each
consignment of baby squash and baby
courgettes must be accompanied by a
phytosanitary certificate of inspection
issued by the Zambian NPPO with an
additional declaration reading as
follows: ‘‘These baby squash or baby
courgettes were produced in accordance
with 7 CFR 319.56–48.’’
(Approved by the Office of Management and
Budget under control number 0579–0347)
Done in Washington, DC, this 12th day of
December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–30080 Filed 12–17–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 400, 407, and 457
RIN 0563–AB73
General Administrative Regulations;
Administrative Remedies for NonCompliance
Federal Crop Insurance
Corporation, USDA.
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: The Federal Crop Insurance
Corporation (FCIC) finalizes the General
Administrative Regulations;
Administrative Remedies for NonCompliance to add additional
administrative remedies that are
available as a result of the enactment of
section 515(h) of the Federal Crop
Insurance Act (Act) (7 U.S.C. 1515(h)),
make such other changes as are
necessary to implement the provisions
of section 515(h) of the Act, and to
clarify existing administrative remedies.
DATES: Effective Date: This rule is
effective January 20, 2009.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Cynthia
Simpson, Director, Appeals, Litigation
and Legal Liaison Staff, Risk
Management Agency, United States
Department of Agriculture, 1400
Independence Avenue, SW., Room
4619, Stop 0806, Washington, DC
20250, telephone (202) 720–0642.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:41 Dec 17, 2008
Jkt 217001
Executive Order 12866
The Office of Management and budget
(OMB) has determined that this rule is
non-significant for the purposes of
Executive Order 12866 and, therefore, it
has not been reviewed by OMB.
Paperwork Reduction Act of 1995
This rule does not constitute a
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35).
E-Government Act Compliance
FCIC is committed to complying with
the E-Government Act of 2002, 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.
Unfunded Mandates Reform Act of
1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) establishes
requirements for Federal agencies to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
This rule contains no Federal mandates
(under the regulatory provisions of title
II of the UMRA) for State, local, and
tribal governments or the private sector.
Therefore, this rule is not subject to the
requirements of sections 202 and 205 of
UMRA.
Executive Order 13132
It has been determined under section
1(a) of Executive Order 13132,
Federalism, that this rule does not have
sufficient implications to warrant
consultation with the States. The
provisions contained in this rule will
not have a substantial direct effect on
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Regulatory Flexibility Act
FCIC certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. All similarly situated
participants are required to comply with
the same standard of conduct contained
in the Act, the regulations published at
7 CFR chapter IV, the crop policies, and
the applicable procedures. For example,
any producer, whether growing 10 acres
or 10,000 acres, submits the same
documentation for insurance and for a
claim. All agents, whether selling and
servicing five policies or a hundred and
five policies, are required to perform the
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
same tasks for each. The consequences
for failure to comply with the standards
of conduct are also the same for all
participants and other persons
regardless of the size of their business.
A Regulatory Flexibility Analysis has
not been prepared since this regulation
does not have a significant impact on a
substantial number of small entities,
and, therefore, this regulation is exempt
from the provisions of the Regulatory
Flexibility Act (5 U.S.C. 605).
Federal Assistance Program
This program is listed in the Catalog
of Federal Domestic Assistance under
No. 10.450.
Executive Order 12372
This program is not subject to the
provisions of Executive Order 12372,
which require intergovernmental
consultation with State and local
officials. See the Notice related to 7 CFR
part 3015, subpart V, published at 48 FR
29115, June 24, 1983.
Executive Order 12988
This proposed rule has been reviewed
in accordance with Executive Order
12988 on civil justice reform. The
provisions of this rule will not have a
retroactive effect. The provisions of this
rule will preempt State and local laws
to the extent such State and local laws
are inconsistent herewith.
Environmental Evaluation
This action is not expected to have a
significant economic impact on the
quality of the human environment,
health, and safety. Therefore, neither an
Environmental Assessment nor an
Environmental Impact Statement is
needed.
Background
This rule finalizes changes made to 7
CFR part 400, subpart R, Administrative
Remedies for Non-Compliance that was
published by FCIC on May 18, 2007, as
a notice of proposed rulemaking in the
Federal Register at 72 FR 27981–27988.
In the Administrative Remedies for
Non-Compliance, FCIC proposed to
include provisions in its regulation that
were enacted with the passage of the
Agricultural Rick Protection Act of 2000
(ARPA). Through the enactment of
section 515(h) of the Act in ARPA,
Congress significantly strengthened
FCIC’s ability to combat fraud, waste
and abuse by establishing a strong
system of administrative actions that are
now applicable to all participants in the
Federal crop insurance program.
Now, producers, agents, loss
adjusters, insurance providers and their
employees and contractors, and any
E:\FR\FM\18DER1.SGM
18DER1
]]>Agencies
[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76863-76868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30080]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2007-0144]
RIN 0579-AC76
Importation of Baby Squash and Baby Courgettes From Zambia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation into the continental United States of baby squash and
baby courgettes from Zambia. As a condition of entry, both commodities
must be produced in accordance with a systems approach that includes
requirements for pest exclusion at the production site, fruit fly
trapping inside and outside the production site, and pest-excluding
packinghouse procedures. Both commodities must also be accompanied by a
phytosanitary certificate with an additional declaration stating that
the baby squash or baby courgettes have been produced in accordance
with the requirements of the systems approach. This action will allow
the importation of baby squash and baby courgettes from Zambia into the
United States while continuing to provide protection against the
introduction of quarantine pests.
DATES: Effective Date: January 20, 2009.
FOR FURTHER INFORMATION CONTACT: Shirley Wager Page, Branch Chief,
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
through
[[Page 76864]]
319.56-47, referred to below as the regulations) prohibit or restrict
the importation of fruits and vegetables into the United States from
certain parts of the world to prevent the introduction and
dissemination of plant pests that are new to or not widely distributed
within the United States.
On May 16, 2008, we published in the Federal Register (73 FR 28372-
28377, Docket No. APHIS-2007-0144) a proposal \1\ to amend the fruits
and vegetables regulations to allow the importation into the
continental United States of baby squash and baby courgettes from
Zambia. As a condition of entry, we proposed to require that both
commodities be produced in accordance with 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. We also proposed to require that
both commodities be accompanied by a phytosanitary certificate with an
additional declaration stating that the baby squash or baby courgettes
have been produced in accordance with the proposed requirements.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comment we received, go to
https://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0144.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
July 15, 2008. We received one comment by that date, from a
representative of a State government. The issues raised in that comment
are discussed below.
The systems approach we proposed was designed to mitigate, among
other quarantine pests, three moths, Diaphania indica, Helicoverpa
armigera, and Spodoptera littoralis. The commenter stated that, because
these pests are internal feeders, inspection and detection at origin
and destination are problematic, and reliance on inspection places the
commenter's State at high risk of introduction of these pests. The
commenter further stated that the two pests that have the highest
unmitigated risk, H. armigera and S. littoralis, are of great concern
in the commenter's State. Yet, the commenter stated, there are no real
mitigative measures to exclude these pests other than insect-
exclusionary greenhouses; there is no trapping requirement or specific
inspection regime to assure there have been no breaches of greenhouses.
Under the final rule, the greenhouses and packinghouses will have
to be approved jointly by the Zambian national plant protection
organization (NPPO) and APHIS and designed to be pest-free. In
addition, inspection will not be performed solely on the commodities;
the greenhouses themselves will be inspected monthly for the presence
of the pests. If any quarantine pests are found in a greenhouse, that
greenhouse will be prohibited from exporting until corrective action is
taken. Thus, we are employing more mitigations than simple commodity
inspection to prevent baby squash and baby courgettes imported from
Zambia from being infested with these pests.
We have employed measures similar to the ones we proposed to
mitigate the risk associated with H. armigera and S. littoralis in
other import programs. For example, the regulations in Sec. 319.56-
28(e), which allow the importation of tomatoes from Australia under
certain conditions, require greenhouses to be registered with and
approved by the Australian NPPO and to be inspected by the Australian
NPPO to establish freedom from H. armigera and S. littoralis. Similar
measures are used to mitigate the risk associated with H. armigera and
S. littoralis in the regulations governing the importation of peppers
from Korea in Sec. 319.56-42. These measures have been effective at
preventing the introduction of H. armigera and S. littoralis into the
United States via the importation of those commodities. We have
determined that they will be equally effective when employed to prevent
the introduction of these pests via baby squash and baby courgettes
from Zambia.
We proposed that the Zambian NPPO or its approved designee be
authorized to carry out certain functions. The commenter asked who
would be the designee and who would approve the designee.
As discussed in the proposed rule, an approved designee is an
entity with which the NPPO creates a formal agreement that allows that
entity to certify that the appropriate procedures have been followed.
Thus, the NPPO approves an approved designee. The approved designee can
be a contracted entity, a coalition of growers, or the growers
themselves. APHIS authorizes NPPOs to use designees to perform certain
phytosanitary functions in other import programs, such as the cut
flower import program described in Sec. 319.74-2.
The commenter stated that the proposal indicates APHIS can monitor
the production sites before and during harvest. The commenter further
stated that the word ``can'' is meaningless and recommended that the
text in question read ``APHIS will monitor the production sites.''
The proposed language specifically stated that APHIS must be
allowed to inspect or monitor the greenhouses. We consider this
language to be appropriate, as it may not be necessary for APHIS to
inspect or monitor the greenhouses in all cases. We will inspect or
monitor the greenhouses if we have reason to believe that the risks
associated with the quarantine pests might not be effectively mitigated
in the greenhouses.
The commenter stated that the use of McPhail traps as a detection
tool is problematic, as they have very limited sensitivity in detecting
low-level fruit fly populations.
We have determined that McPhail traps are the appropriate type to
use for the trapping due to their capacity to catch important fruit fly
species of quarantine significance for which no specific lures exist,
such as the Dacus spp. fruit flies identified as quarantine pests in
the pest risk assessment. Accordingly, the risk management document
provided along with the proposed rule reflects this. However, the
regulations specifically require the use of traps approved by APHIS,
meaning that we can change the type of fruit fly trap used if a trap
better suited to Dacus spp. fruit flies becomes available.
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 Regulatory Flexibility Act
This final 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 accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
This analysis examines potential impacts for U.S. small entities
from the importation of baby squash and baby courgettes (zucchini) from
Zambia into the United States. The analysis is set forth in terms of
squash generally. As background, we provide a brief overview of squash
production and trade by the United States. This is followed with an
estimate of price and welfare effects of the rule based on assumed
levels of squash imports from Zambia. Finally, we describe the expected
impact on small entities.
[[Page 76865]]
U.S. Squash Production and Trade
The United States is a major squash producer and importer.\2\ The
United States produced 430,100 metric tons (MT) of squash valued at
$229 million in 2006, while imports that year totaled 240,590 MT.
Squash production occurs in many States. However, the top 10 States
(Georgia, Florida, California, New York, Michigan, Ohio, Texas, North
Carolina, Oregon, and New Jersey) accounted for 98 percent of total
cash receipts in 2006.\3\
---------------------------------------------------------------------------
\2\ Squash can be classified depending on whether it is
harvested as immature fruit (summer squash) or mature fruit (winter
squash). Summer squash, such as zucchini (also known as courgette),
pattypan, and yellow crookneck are harvested and consumed during the
growing season, while the skin is still tender and the fruit
relatively small. Winter squash such as butternut, hubbard,
buttercup, ambercup, acorn, spaghetti squash, and pumpkin are
harvested at maturity, generally the end of summer, cured to further
harden the skin, and stored in a cool place for eating later. They
generally require longer cooking time than summer squash.
\3\ USDA/National Agricultural Statistics Service (NASS),
Vegetables 2006 Summary, January 2007.
---------------------------------------------------------------------------
As shown in table 1, U.S. squash production increased from 398,800
MT in 2002 to 430,100 MT in 2006, an annual growth rate of about 1.6
percent. Similarly, consumption increased from 605,970 MT to 665,730
MT. During the same period, U.S. squash imports increased from 210,930
MT in 2002 to 240,590 MT in 2006. Mexico accounted by far for the
largest share of U.S. imports (95.6 percent), followed distantly by
Costa Rica (1.6 percent), and Canada (1.1 percent). Other minor
suppliers include Honduras, Panama, New Zealand, Guatemala, and
Nicaragua. The United States was a net importer throughout this period,
with average annual imports (over 234,000 MT) dwarfing exports (less
than 4,300 MT). Imports from Zambia will be small compared to an
already large import base.\4\
---------------------------------------------------------------------------
\4\ Reliable production data are not available for Zambia.
Squash exported to the United States are to be grown in insect-
proof, pest-free greenhouses at approved production sites. These
sites are in the process of being constructed. The Zambian
Government expects to export around 400 MT of fresh squash to the
United States annually. It is not clear whether some additional
amount would be produced for export to other countries.
Table 1--U.S. Squash Production, Consumption, Price, Exports and Imports, 2002-2006
----------------------------------------------------------------------------------------------------------------
Production Consumption
Year (MT) (MT) Price per MT Exports in MT Imports in MT
----------------------------------------------------------------------------------------------------------------
2002............................ 398,800 605,970 $882 3,770 210,930
2003............................ 365,650 602,880 1,047 3,810 241,040
2004............................ 401,330 637,650 992 4,090 240,410
2005............................ 378,030 611,090 1,047 4,820 237,880
2006............................ 430,100 665,730 1,157 4,960 240,590
-------------------------------------------------------------------------------
5-year average (2002-2006).. 394,780 624,670 1,025 4,290 234,170
----------------------------------------------------------------------------------------------------------------
Sources: USDA/NASS, Vegetables 2006 Summary, January 2007; wholesale prices are from USDA/NASS, Fresh market
vegetables prices and yield data, 2002-2006; trade data are from USDA/Foreign Agricultural Service, The Global
Trade Atlas: Global Trade Information Services, Inc., Country Edition, August 2007.
Impact of Potential Fresh Squash Imports
We estimate the impact of baby squash and baby courgettes imports
from Zambia on U.S. production, consumption, and prices using a net
trade welfare model. The data used were obtained from the Foreign
Agricultural Service (FAS); The Global Trade Atlas: Global Trade
Information Services, Inc., Country Edition, August 2007; and United
Nations' Food and Agriculture Organization FAOstat data (https://
faostat.fao.org). The demand and supply elasticities used are -0.66 and
0.12, respectively.\5\
---------------------------------------------------------------------------
\5\ Jaime E. Malaga, Gary W. Williams, and Stephen W. Fuller,
``U.S.-Mexico fresh vegetable trade: the effects of trade
liberalization and economic growth,'' Agricultural Economics, Vol.
26 (October 2001): 45-55.
---------------------------------------------------------------------------
Our analysis is in terms of the overall squash industry of the
United States. If data were available that would allow us to estimate
the impact of this rule only in terms of the markets for baby squash
and baby courgettes, we would expect the effects to be somewhat larger
than those reported here, but still insignificant.
We model three levels of squash exports to the United States from
Zambia: (1) 260 MT, average annual global exports of squash by Zambia
(2004-2006); (2) 400 MT, the amount of squash that the Government of
Zambia has projected would be exported to the United States; and (3)
1,000 MT, a quantity that is 2\1/2\ times Zambia's projected exports to
the United States.
Table 2 presents the changes that we estimate could result from the
final rule. These include annual changes in U.S. consumption,
production, wholesale price, consumer welfare, producer welfare, and
net welfare. The medium level of assumed squash exports to the United
States of 400 MT (as projected by the Government of Zambia) would
result in a decline of $0.89 per MT in the wholesale price of squash
and a fall in U.S. production of 41 MT. Consumption would increase by
359 MT. Producer welfare would decline by $347,180 and consumer welfare
would increase by $558,240, yielding an annual net benefit of about
$211,060. Other results are as shown in table 2 below.
Table 2--Estimated Impact of Squash Imports From Zambia on the United States Economy for Three Import Scenarios
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Assumed annual squash imports, MT...................... \1\ 260 \2\ 400 \3\ 1,000
Change in U.S. consumption, MT......................... 234 359 898
Change in U.S. production, MT.......................... -26 -41 -102
Change in wholesale price of squash, dollars per MT.... -$0.58 -$0.89 -$2.22
Change in consumer welfare............................. $362,820 $558,240 $1,396,210
Change in producer welfare............................. -$225,670 -$347,180 -$867,890
--------------------------------------------------------
[[Page 76866]]
Annual net benefit................................. $137,150 $211,060 $528,330
----------------------------------------------------------------------------------------------------------------
Note: The baseline data used are 5-year annual averages for production, consumption, prices, exports, and
imports, as reported in the last row of table 1. The demand and supply elasticities used are -0.66 and 0.12,
respectively (Jaime E. Malaga, Gary W. Williams, and Stephen W. Fuller, ``U.S.-Mexico fresh vegetable trade:
the effects of trade liberalization and economic growth,'' Agricultural Economics, Vol. 26 (October 2001): 45-
55).
\1\ Three-year (2004 to 2006) average total squash exports by Zambia.
\2\ Annual exports of fresh baby squash and baby courgettes to the United States, as projected by the Government
of Zambia.
\3\ Two-and-one-half times the projected level of exports of baby squash and baby courgettes by Zambia to the
United States.
In all three scenarios, consumer welfare gains would outweigh
producer welfare losses. Even in the third scenario, in which we assume
imports would total 2\1/2\ times the level projected by the Government
of Zambia, the decline in producer welfare would represent only about
two-tenths of 1 percent of cash receipts received from the sale of
domestic squash products. The price decline in this third scenario also
would be only about two-tenths of 1 percent. Thus, our analysis
indicates that U.S. entities will be unlikely to be significantly
affected by this rule.
Impact on Small Entities
The Small Business Administration (SBA) has established guidelines
for determining which types of firms are considered to be small
entities under the Regulatory Flexibility Act. This rule could affect
U.S. producers of fresh vegetables (North American Industry
Classification System 111219) and some importers of fresh squash.
Vegetable-producing establishments are classified as small if their
annual receipts are not more than $750,000.\6\ According to the 2002
Census of Agriculture, there were 11,035 squash operations with
production valued at $288 million. These facilities are considered to
be small if their annual receipts are not more than $750,000. Over 98.6
percent of these operations (10,883) are considered to be small while
the rest (152) are considered large. Based on share of acreage (nearly
60 percent of the total), the small operations had combined annual cash
receipts of about $168 million and an average income of about $15,500,
while the large operations had combined sales of about $120 million
with an average income of about $787,900. As shown in table 3, the
impact of potential squash imports on U.S. producers as a result of
this rule will be small. The decrease in producer welfare per small
entity is less than $47, or about 0.30 percent of average annual sales
of small entities, when we assume 1,000 MT of squash are exported to
the United States from Zambia (2\1/2\ times Zambia's projected annual
exports).
---------------------------------------------------------------------------
\6\ SBA, Small business size standards matched to the North
American Industry Classification System 2002, effective October 2007
(https://www.sba.gov/size/sizetable2002.html).
Table 3--Economic Impact of Potential Squash Imports From Zambia on U.S.
Small Entities, Assuming Annual Exports of 1,000 MT to the United
States, 2006 Dollars
------------------------------------------------------------------------
------------------------------------------------------------------------
Total decline in producer welfare \1\ -$867,890
Decrease in welfare incurred by small -$506,850
entities \2\.
Average decrease per acre, small -$12.18
entities \3\.
Average decrease per small entity \4\ -$46.50
----------------------------------
Average decrease as percentage of -0.30 percent
average sales, small entities
\5\.
------------------------------------------------------------------------
\1\ From table 2.
\2\ Change in producer welfare multiplied by 58.4 percent, the
percentage of total acreage planted by producers with annual revenues
of not more than $750,000, that is, small entities. We assume that the
change in producer welfare would be proportional to acreage share.
\3\ Decrease in producer welfare for small entities divided by 41,619,
the number of acres planted by small entities.
\4\ Average decrease per acre multiplied by 3.82, the average number of
acres per small entity.
\5\ Average decrease per small entity divided by $15,500, the average
annual revenue per small entity.
Again, table 3 considers a level of importation that is 2\1/2\
times the projected imports of baby squash and baby courgettes; at
expected levels of importation, the expected economic impacts would be
even smaller. In addition, this analysis assumes that gains to Zambian
exporters do not come at the expense of any exporting countries; if any
displacement occurs, the impact of the rule would be reduced further.
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 allows baby squash and baby courgettes to be
imported into the United States from Zambia. State and local laws and
regulations regarding baby squash and baby courgettes imported under
this rule will be preempted while the fruit is in foreign commerce.
Fresh vegetables are generally imported for immediate distribution and
sale to the consuming public, and remain in foreign commerce until sold
to the ultimate consumer. The question of when foreign commerce ceases
in other cases must be addressed on a case-by-case basis. No
retroactive effect will be given to this rule, and this rule will not
require administrative proceedings before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0347.
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
[[Page 76867]]
provide increased opportunities for citizen access to Government
information and services, and for other purposes. For information
pertinent to E-Government Act compliance related to this rule, please
contact Mrs. Celeste Sickles, APHIS' Information Collection
Coordinator, at (301) 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.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
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.
0
2. A new Sec. 319.56-48 is added to read as follows:
Sec. 319.56-48 Conditions governing the entry of baby squash and baby
courgettes from Zambia.
Baby squash (Curcurbita maxima Duchesne) and baby courgettes (C.
pepo. L.) measuring 10 to 25 millimeters (0.39 to 0.98 inches) in
diameter and 60 to 105 millimeters (2.36 to 4.13 inches) in length may
be imported into the continental United States from Zambia only under
the conditions described in this section. These conditions are designed
to prevent the introduction of the following quarantine pests:
Aulacaspis tubercularis, Dacus bivitattus, Dacus ciliatus, Dacus
frontalis, Dacus lounsburyii, Dacus punctatifrons, Dacus vertebratus,
Diaphania indica, Helicoverpa armigera, and Spodoptera littoralis.
(a) Approved greenhouses. The baby squash and baby courgettes must
be grown in Zambia in insect-proof, pest-free greenhouses approved
jointly by the Zambian national plant protection organization (NPPO)
and APHIS.
(1) The greenhouses must be equipped with double self-closing
doors.
(2) Any vents or openings in the greenhouses (other than the double
self-closing doors) must be covered with 1.6 mm screening in order to
prevent the entry of pests into the greenhouse.
(3) The greenhouses must be inspected periodically by the Zambian
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 greenhouses also must be inspected monthly for the
quarantine pests listed in the introductory text of this section by the
Zambian NPPO or its approved designee, beginning 2 months before
harvest and continuing for the duration of the harvest. APHIS must be
allowed to inspect or monitor the greenhouses during this period as
well. If, during these inspections, any of the quarantine pests listed
in the introductory text of this section is found inside the
greenhouse, the Zambian NPPO will immediately prohibit that greenhouse
from exporting baby squash or baby courgettes to the United States and
notify APHIS of the action. The prohibition will remain in effect until
the Zambian NPPO and APHIS agree that the risk has been mitigated.
(b) Trapping for Dacus spp. fruit flies. Trapping for Dacus
bivitattus, Dacus ciliatus, Dacus frontalis, Dacus lounsburyii, Dacus
punctatifrons, and Dacus vertebratus (referred to in paragraph (b) of
this section, collectively, as Dacus spp. fruit flies) is required both
inside and outside the greenhouse. Trapping must be conducted beginning
2 months before harvest and continue for the duration of the harvest.
(1) Inside the greenhouse. Approved fruit fly traps with an
approved protein bait must be placed inside the greenhouses at a
density of four traps per hectare, with a minimum of at least two traps
per greenhouse. The traps must be serviced at least once every 7 days.
If a Dacus spp. fruit fly is found in a trap inside the greenhouse, the
Zambian NPPO will immediately prohibit that greenhouse from exporting
baby squash or baby courgettes to the United States and notify APHIS of
the action. The prohibition will remain in effect until the Zambian
NPPO and APHIS agree that the risk has been mitigated.
(2) Outside the greenhouse. (i) Approved fruit fly traps with an
approved protein bait must be placed inside a buffer area 500 meters
wide around the greenhouse at a density of 1 trap per 10 hectares, with
a total of at least 10 traps. At least one of these traps must be
placed near the greenhouse. These traps must be serviced at least once
every 7 days.
(ii) No shade trees are permitted within 10 meters of the entry
door of the greenhouse, and no fruit fly host plants are permitted
within 50 meters of the entry door of the greenhouse. While trapping is
being conducted, no fruit fly host material (such as fruit) may be
brought into the greenhouse or be discarded within 50 meters of the
entry door of the greenhouse. Ground applications of an approved
protein bait spray for the Dacus spp. fruit flies must be used on all
shade trees and host plants within 200 meters surrounding the
greenhouse every 6 to 10 days starting at least 30 days before and
during harvest.
(iii) Dacus spp. fruit fly prevalence levels lower than 0.7 flies
per trap per week (F/T/W) must be maintained outside the greenhouse for
the duration of the trapping. If the F/T/W is 0.7 or greater outside
the greenhouse, the Zambian NPPO will immediately prohibit that
greenhouse from exporting baby squash or baby courgettes to the United
States and notify APHIS of the action. The prohibition will remain in
effect until the Zambian NPPO and APHIS agree that the risk has been
mitigated.
(3) Records and monitoring. The Zambian NPPO or its approved
designee must maintain records of trap placement, trap servicing, and
any Dacus spp. captures. The Zambian NPPO must maintain an APHIS-
approved quality control program to audit the trapping program. APHIS
must be given access to review 1 year's worth of trapping data for any
approved greenhouse upon request.
(c) Packinghouse procedures. Baby squash and baby courgettes must
be packed within 24 hours of harvest in a pest-exclusionary
packinghouse. 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. In
addition, during packing, no fruit fly host material other than the
baby squash and baby courgettes may be brought into the packinghouse,
and no fruit fly host material may be discarded within 50 meters of the
entry door of the packinghouse. The baby squash or baby courgettes must
be safeguarded by a pest-proof screen or plastic tarpaulin while in
transit to the packinghouse and while awaiting packing. The baby squash
or baby courgettes must be packed in insect-proof cartons for shipment
to the United States. These cartons must be labeled with the identity
of the greenhouse. While packing the baby squash or baby courgettes for
export to the United States, the packinghouse may only accept baby
squash or baby courgettes from approved greenhouses. These safeguards
must remain intact until the arrival of the baby squash or baby
courgettes in the United States. If the safeguards do not remain
intact, the
[[Page 76868]]
consignment will not be allowed to enter the United States.
(d) Commercial consignments. Baby squash and baby courgettes from
Zambia may be imported in commercial consignments only.
(e) Phytosanitary certificate. Each consignment of baby squash and
baby courgettes must be accompanied by a phytosanitary certificate of
inspection issued by the Zambian NPPO with an additional declaration
reading as follows: ``These baby squash or baby courgettes were
produced in accordance with 7 CFR 319.56-48.''
(Approved by the Office of Management and Budget under control
number 0579-0347)
Done in Washington, DC, this 12th day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-30080 Filed 12-17-08; 8:45 am]
BILLING CODE 3410-34-P
