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Rules and Regulations Federal Register Vol 75649 Rules and Regulations Federal Register Vol. 71, No. 242 Monday, December 18, 2006 This section of the FEDERAL REGISTER Background commenter stated that the existence of contains regulatory documents having general citrus canker should be based on applicability and legal effect, most of which The regulations in ‘‘Subpart-Fruits and Vegetables’’ (7 CFR 319.56 through periodic and systematic surveys and the are keyed to and codified in the Code of importation of citrus fruit from the Federal Regulations, which is published under 319.56–8, referred to below as the 50 titles pursuant to 44 U.S.C. 1510. regulations) prohibit or restrict the Bahamas ultimately should meet the importation of fruits and vegetables into same standards developed by the U.S. The Code of Federal Regulations is sold by the United States from certain parts of Department of Agriculture for the the Superintendent of Documents. Prices of the world to prevent the introduction movement of domestic fruit from new books are listed in the first FEDERAL and spread of plant pests that are new Florida. REGISTER issue of each week. to or not widely distributed within the The Bahamas is currently conducting United States. ongoing surveillance for citrus canker DEPARTMENT OF AGRICULTURE On December 22, 2005, we published and there have been no other reports of in the Federal Register (70 FR 75967– the disease. With regard to requiring Animal and Plant Health Inspection 75981, Docket No. 03–086–1) a Bahamian citrus to meet the same Service proposal 1 to amend the regulations by standards as domestic fruit moved from listing a number of fruits and vegetables Florida, we presume the commenter is 7 CFR Part 319 from certain parts of the world as referring to the restrictions on the eligible, under specified conditions, for interstate movement of citrus from areas quarantined for citrus canker. The [Docket No. 03–086–3] importation into the United States. We solicited comments on the proposed current domestic citrus canker rule for 60 days ending on February 21, regulations in 7 CFR part 301 allow fruit RIN 0579–AC23 2006. from citrus canker quarantined areas in Florida to move interstate provided they Importation of Fruits and Vegetables On March 3, 2006, we published in the Federal Register (71 FR 10924, are not destined for a commercial citrus- AGENCY: Animal and Plant Health Docket No. 03–086–2) a notice in which producing area. This rule will allow Inspection Service, USDA. we reopened the comment period for citrus from the Bahamas to enter the ACTION: Final rule. our proposed rule until March 10, 2006. United States only if it is grown in an We received 11 comments by that date. area where citrus canker does not exist. SUMMARY: We are amending the The comments were from Under those circumstances, we believe regulations to list a number of fruits and representatives of State and foreign it is unnecessary to limit the movement vegetables from certain parts of the governments, industry organizations, of Bahamian citrus fruit to non-citrus- world as eligible, under specified importers and exporters, distributors, producing States. conditions, for importation into the farmers, and individuals. Seven of these In our proposal, we proposed to United States. Some of the fruits and commenters wrote to support the amend § 319.56–2t by removing the vegetables are already eligible for proposed provisions regarding citrus common names provided for Cichorium importation under permit, but are not from New Zealand, and another spp. articles (e.g., endive, chicory, and specifically listed in the regulations. All commenter wrote to support the radicchio) from several Central and of the fruits and vegetables, as a proposed provisions regarding the South American countries and replacing condition of entry, will be inspected importation of tomatoes from Chile. The those common name entries with the and subject to treatment at the port of remaining commenters raised specific more general term ‘‘cichorium.’’ This first arrival as may be required by an issues which are discussed below. was proposed in order to make our inspector. In addition, some of the fruits General Comments regulations more clear and consistent and vegetables will be required to meet and to allow additional varieties of other special conditions. In one case, we In our proposal, we stated that citrus Cichorium entry from those countries. are adding a systems approach that will fruit from the Bahamas would be In our proposed regulatory text, we provide an alternative to methyl allowed importation into the United listed leaves, stems, and roots as the bromide fumigation. These actions will States provided that each shipment was enterable plant parts for cichorium from provide the United States with accompanied by a phytosanitary the listed Central and South American additional types and sources of fruits certificate stating that the fruit countries. One commenter stated that and vegetables while continuing to originated from an area of the Bahamas chicory root poses different pest protect against the introduction of that is free from citrus canker disease, problems than stems and leaves and quarantine pests through imported fruits Xanthomonas citri (Hasse) Dowson. We should be addressed separately. and vegetables. also stated that the island of Abaco is As stated in the proposed rule, we EFFECTIVE DATE: December 18, 2006. the only island in the Bahamas where citrus canker is known to exist. One prepared a pest risk assessment which FOR FURTHER INFORMATION CONTACT: Ms. examined the risks posed by roots, Donna L. West, Senior Import 1 To view the proposed rule and comments we stems, and leaves of all Cichorium spp. Specialist, Commodity Import Analysis received, go to http://www.regulations.gov, click on from Central America and South and Operations, PPQ, APHIS, 4700 the ‘‘Advanced Search’’ tab, and select ‘‘Docket America and found that no pests would River Road Unit 133, Riverdale, MD Search.’’ In the Docket ID field, enter APHIS–2005– 0107, then click on ‘‘Submit.’’ Clicking on the follow the pathway. Therefore, we 20737–1231; (301) 734–8758. Docket ID link in the search results page will believe that the general requirements SUPPLEMENTARY INFORMATION: produce a list of all documents in the docket. listed in § 319.56–6 are adequate for VerDate Aug<31>2005 16:25 Dec 15, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\18DER1.SGM 18DER1 pwalker on PRODPC60 with RULES 75650 Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations roots, stems, and leaves of Cichorium evaluated the risks of allowing subject to the restrictions set forth in spp. pineapple entry into the continental this final rule. We proposed to list eggplant from United States. As explained in our One commenter stated that the Belize, Costa Rica, and Honduras in proposal, we intended to correct that proposed mitigation measures for the § 319.56–2t as eligible for importation oversight by amending § 319.56–2t to leek moth should not apply to vacuum- into the United States, but only in limit their distribution to the packed Allium spp. because vacuum commercial shipments. One commenter continental United States. With regard packing is a mitigation measure itself. stated that the distinction we drew to apples, we have been allowing apples The commenter did not provide, nor between commercial and from South Africa entry under permit do we have, any research regarding the noncommercial shipments is not clear with a prescribed treatment, and we efficacy of vacuum packing as a and that the distinguishing were simply proposing to add them to mitigation measure for leek moth. characteristics mentioned in the § 319.56–2x to improve the transparency Therefore, we will not add an proposed rule (i.e., quantity of product, of our regulations. exemption for vacuum-packed Allium type of packaging, identification of spp. in this final rule. grower and packinghouse, and Leeks From Canada We proposed to amend § 319.56–2t consigning documents) are not enough One commenter stated that the allow grapes from Argentina to be to discourage determined shippers of proposed import restrictions for leeks imported into the United States if they substandard products. The commenter from Canada should apply only to are grown in a fruit-fly free area. For was concerned that distinguishing Quebec and Ontario, because they are grapes that are grown outside a fruit-fly between commercial and the only two Provinces where the leek free area, we also proposed to amend noncommercial shipments would not moth is known to exist. § 319.56–2x to add grapes from offer any broad ranging pest protection We would be willing to consider Argentina to the list of fruits and to the United States. limiting the applicability of our import vegetables that may be imported into the In addition to the distinction that we restrictions if the Canadian Food United States provided that they are treated in accordance with 7 CFR part drew between noncommercial and Inspection Agency submits to APHIS, 305. The regulations in part 305 commercial shipments in the proposed field surveys or other documentation prescribe cold treatment for fruit flies rule, noncommercial shipments can also that demonstrates that Quebec and and methyl bromide for other pests of refer to articles carried in passenger Ontario are the only areas within grapes from Argentina. The regulations baggage, while commercial shipments Canada where the leek moth exists and in part 305 also provide that irradiation refer to commodities that are imported describes the measures that are being may be substituted for other approved under the condition that specific used to prevent the spread of the pest treatments for any of the pests listed in phytosanitary measures were applied.
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