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

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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. within Canada. We continue to believe, based on the § 305.31(a). So, while part 305 does One commenter stated that considerations discussed in the allow irradiation to be substituted for ornamental Allium represent a proposed rule, that noncommercial the cold treatment and fumigation negligible host for the leek moth and shipments pose a greater risk of pest prescribed for grapes from Argentina, should not be subject to the proposed introduction because they were not one commenter appeared to believe that mitigation measures. subject to the same mitigation measures irradiation was the sole treatment we as commercial shipments and that the Ornamental Allium products are not were prescribing, which is not the case, criteria we apply in distinguishing covered under the fruits and vegetables and presented several questions about between commercial and regulations and therefore would not be irradiation. While we believe it would noncommercial shipments are effective. subject to the mitigation measures in be unlikely that irradiation would be One commenter was concerned that this rule. used for grapes from Argentina, a allowing pineapples and apples from One commenter stated that some summary of the commenter’s questions South Africa to be imported without Allium products are being produced in and our responses are presented below. treatment into the United States could Mexico, imported into Canada, and then The commenter asked specific result in the introduction of the oriental re-exported to the United States. The questions about research on how the red mite (Eutetranychus orientalis). The commenter stated that those products of quality of grapes was affected by commenter stated that oriental red mite non-Canadian origin should not be irradiation and whether or not such occurs in South Africa and is a serious impacted by the new regulations. research has been conducted over a time pest on more than 180 plants, both It would be difficult to determine if a period that approximates shipping time crops and ornamentals, many of which commodity had originated in Mexico if to match what the end consumer would are grown in Florida. it is re-exported from Canada because it find in stores. While oriental red mite occurs in would be unlikely that the original Those questions are commercial South Africa, our research indicates that packaging would be preserved. Further, considerations and are not relevant to neither pineapples nor apples are a it would be difficult to ensure and verify the regulatory process. As cautioned in preferred host of that pest. If the that there was no commingling between § 305.31(n) of the regulations, commenter has additional research that Allium spp. of Canadian and Mexican irradiation is approved to assure is contrary to this assertion, we invite origin. If the packaging of Allium quarantine security against listed pests, him to submit it. Further, pineapples products from Mexico (or another but the facility operator and shipper are and apples have both been authorized country eligible to export such products responsible for determination of for importation into the United States to the United States) remains intact and tolerance. from South Africa for several years, so the shipment is accompanied by a re- The commenter also asked about they were not being proposed for entry export certificate, then we would not whether we have conducted any for the first time. With regard to require a phytosanitary certificate for research on the efficacy of irradiation on pineapples, the regulations have the shipment. Under any other table grapes. indicated that pineapples from South circumstances, Allium spp. whole The required irradiation doses are Africa are approved for entry into all plants or above ground parts imported specific to plant pests, rather than the States, but our risk analysis only in the United States from Canada will be commodities they are associated with.

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Specific characteristics of the fruits or each shipper, and specific targeting importation of plants, plant products, vegetables being treated, which may activities based on continuing analysis and other articles to prevent the need to be considered in developing of pest conditions worldwide. introduction of plant pests into the other phytosanitary treatments, are The commenter asked if fruit flies do United States or the dissemination of irrelevant to the effectiveness of not die under irradiation but are plant pests within the United States. irradiation as long as the required rendered sterile, what is the protocol for We are amending the regulations to minimum dose is absorbed. determining whether the irradiation has list a number of fruits and vegetables The commenter also asked if there has been effective pre-shipment. from certain parts of the world as been any work done to determine the Irradiation is considered effective if eligible, under specified conditions, for cumulative risk factors of allowing fruit flies are killed or if they are rendered importation into the United States. and vegetables from multiple countries unable to reproduce or emerge from the Many of these fruits and vegetables are into the United States under various host as an adult. Based on research already being imported under permit, protocols and if so, what is the risk. conducted by the USDA’s Agricultural but are not specifically listed in the We receive requests to authorize the Research Service (ARS), we have regulations. All of the fruits and importation of specific fruits or determined the necessary irradiation vegetables, as a condition of entry, will vegetables from specific countries, so it doses, which vary from pest to pest, to be inspected and subject to treatment at is in that context (i.e., case-by-case, not achieve that result. We will ensure that the port of first arrival as may be cumulative) that we evaluate risks and the commodity received the prescribed required by an inspector. In addition, make decisions. dose through dosimetry systems at the we will require that some of the fruits The commenter asked if irradiation facility and certification of the and vegetables be treated or meet other would take place pre-shipment or post, treatment. special conditions. We are also under what conditions, and if USDA Therefore, for the reasons given in the eliminating or modifying existing would be approving irradiation facilities proposed rule and in this document, we treatment requirements for specified and inspecting the fruit. are adopting the proposed rule as a final commodities and making other As provided in § 305.31, irradiation rule, without change. miscellaneous changes. These actions may take place either in the United will improve the transparency of our States or outside of the United States Effective Date regulations while continuing to protect prior to shipment. In either case, the This is a substantive rule that relieves against the introduction of quarantine operator of an irradiation facility must restrictions and, pursuant to the pests through imported fruits and sign a compliance agreement with the provisions of 5 U.S.C. 553, may be made vegetables. Administrator and all irradiation effective less than 30 days after facilities must be certified by the publication in the Federal Register. Impact on Small Entities Administrator. When the treatment This rule relieves restrictions on the The Regulatory Flexibility Act occurs outside the United States, the importation of certain fruits and requires agencies to consider the plant protection organization of the vegetables from certain countries while economic impact of their regulations on country where irradiation is to take continuing to protect against the small entities and to use flexibility to place must enter into a facility introduction of plant pests into the provide regulatory relief when preclearance workplan and a framework United States. Immediate regulations create economic disparities equivalency work plan with APHIS. The implementation of this rule is necessary between differently sized entities. Data equivalency workplan is a document in to provide relief to those persons who on the number and size of U.S. which both APHIS and the foreign plant are adversely affected by restrictions we producers of the various commodities protection organizations specify the no longer find warranted. Making this addressed in this rule are not available. following information for their rule effective immediately will allow However, since most fruit and vegetable respective countries: interested producers, importers, farms are small by Small Business • Citations for any requirements that shippers, and others to benefit Administration standards, it is likely apply to the importation of irradiated immediately from the relieved that the majority of U.S. farms articles; restrictions. Therefore, the producing the commodities listed below • The type and amount of inspection, Administrator of the Animal and Plant are small entities. monitoring, or other activities that will Health Inspection Service has As previously stated, many of the be required in connection with allowing determined that this rule should be commodities listed in this document the importation of irradiated articles effective upon publication in the may currently enter the United States into that country; and Federal Register. under permit. Therefore, we do not • Any other conditions that must be expect the amount of many met to allow the importation of Executive Order 12866 and Regulatory commodities submitted for importation irradiated articles into that country. Flexibility Act to increase beyond current levels. The commenter asked what level of This rule has been reviewed under Additionally, in many cases, inspection would take place. Executive Order 12866. The rule has importation of certain commodities is There is no pre-set level of inspection been determined to be not significant for necessary given that the commodities for grapes or any other article. The level the purposes of Executive Order 12866 are not grown extensively in the United of inspection applied will vary from and, therefore, has not been reviewed by States (e.g., chicory, kiwis, and commodity to commodity and shipment the Office of Management and Budget. mangoes). In other instances, to shipment. Inspectors take into In accordance with 5 U.S.C. 604, we importation augments domestic account factors such as pest conditions have performed a final regulatory supplies that are not sufficient to meet in the exporting region, the types of flexibility analysis, which is set out consumer demand (e.g., apples, garlic, pests and past interceptions associated below, regarding the economic effects of and onions). with the article, whether and what type this rule on small entities. of treatment has been applied, the type Under the Plant Protection Act (7 Grapes and Cichorium From Argentina of packaging (bulk or loose), the bill of U.S.C. 7701 et seq.), the Secretary of Grapes from Argentina are already lading and number of containers by Agriculture is authorized to regulate the admissible under permit into the United

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States. The United States imports an onions and less than 15 percent of U.S. not likely result in any additional average of 490,000 tons of grapes (7 garlic production. This rule will add, as economic burden to tomato producers. percent of its domestic supply) per year a condition of entry, that each shipment In addition, registered producers who to satisfy its domestic demand for of alliaceous vegetables consisting of the remain in compliance with the program consumption.2 However, less than 1 whole plant or above ground parts be throughout the shipping season will percent of these imports originates in accompanied by a phytosanitary save money on costly fumigation Argentina. The growing season for certificate containing an additional treatments. Between 2000 and 2003, grapes in Argentina is opposite of that declaration from the Canadian NPPO 0.02 percent of U.S. annual imports of in the United States, thereby that the shipment is free of tomatoes originated in Chile.6 The total complementing rather than competing Acrolepiopsis assectella. We do not amount of tomatoes from Chile exported with U.S. grape production. Therefore, expect exporters to incur any additional to the world between 2000 and 2003 (all even if we assume that Argentina greatly expenses as a result of this requirement. varieties) was on average only 2,209 increases its exports of grapes to the Therefore, U.S. importers/consumers of tons or 0.38 percent of U.S. imports. United States, it is more likely to these commodities will not see an This is Chile’s maximum capacity of displace other countries’ share of U.S. increase in the cost of alliaceous tomato exports and is not expected to imports than to affect the level of U.S. vegetables from Canada. Even if increase in the short term. This small consumption of domestic grapes. The exporters of alliaceous vegetables from amount of imports, whether grown economic impact on the level of U.S. Canada were to experience an increase under the systems approach or treated grape consumption and production in exporting cost because of the with methyl bromide, is unlikely to resulting from this change is expected to phytosanitary requirement and pass this affect the level of U.S. consumption of be small. on to U.S. importers/consumers, the domestic tomatoes. The economic With respect to cichorium, no official benefits of keeping the leek moth out of impact resulting from this change is not production data are available in either the United States would outweigh such expected to be substantial. the United States or Argentina. an increase in cost. As a result, the With respect to cichorium, there are Therefore, we assume that both the economic impact on the U.S. level of no available data on U.S. or Chilean United States and Argentina are small demand for consumption and/or production. The United States imports commercial producers of cichorium. production of alliaceous vegetables is approximately 6,000 tons of cichorium Between 2000 and 2003, U.S. imports of not expected to be significant. per year. Cichorium is already being fresh cichorium averaged 3.8 thousand Cichorium, Lemons, and Tomatoes imported from Chile under permit, and tons of a non-witloof variety and 2.5 (Under a Systems Approach) From Chile is a major source of U.S. thousand tons of a witloof variety; none Chile cichorium imports, accounting for of these imports originated in approximately 32 percent on average. Argentina.3 Between 2000 and 2003, Lemons from Chile are already being Because the United States is such a Argentina’s exports of cichorium to the imported into the United States under small producer of cichorium, it is world as a whole averaged 7 metric tons permit; between 2000 and 2003, 4 unlikely that this rule will significantly annually. Even if all of these exports percent of annual U.S. imports of 5 alter this situation. In fact, the addition were directed to the United States, they lemons and limes originated in Chile. of cichorium into the U.S. market from We have no reason to expect that listing would only represent 0.11 percent of other countries such as Chile will be a lemons from Chile in the regulations U.S. demand for imported cichorium. benefit to U.S. consumers. The will result in an increase in exports. The economic impact resulting from economic impact on the level of U.S. Even if we assume that Chile increases this change is not expected to be consumption of cichorium, lemons, and its exports of lemons into the United substantial. tomatoes as a result of these changes is States, it is more likely to displace other expected to be small. Allium spp. From Canada countries’ share for U.S. imports of them Alliaceous vegetables (i.e., onions, than to affect the level of U.S. New Zealand Spinach From Israel shallots, leeks, and garlic) from Canada consumption of domestic lemons. The According to USDA’s Foreign can be imported into the United States economic impact resulting from this Agricultural Service (FAS), in 2000, the under the general permit in § 319.56– change is not expected to be substantial. United States imported 1.5 metric tons Tomatoes from Chile are already 2(c) for articles from Canada. Between of New Zealand spinach from Israel being imported into the United States if 2000 and 2003, Canada supplied 19 (0.02 percent of U.S. imports of New fumigated with methyl bromide. This percent of annual U.S. imports of Zealand spinach in 2000). However, rule will provide tomato producers with shallots and onions, 3 percent of U.S. APHIS’ Plant Protection and Quarantine an alternative to methyl bromide imports of leeks, and 0.62 percent of (PPQ) program has no record of these fumigation by providing for a systems U.S. imports of garlic on average.4 U.S. imports and New Zealand spinach from approach. APHIS continues to strive to imports amount to less than 10 percent Israel has not been admissible into the meet the objectives of the Montreal of U.S. production of shallots and United States.7 Israel is a small Protocol by providing alternatives to methyl bromide fumigation treatment 2 FAOSTAT for production data. USDA/FAS 6 Source of Production Data: http://apps.fao.org/ Global Agricultural Trade System using data from for fruit and vegetable producers. As faostat/agriculture/. Source of Trade Data: USDA/ the U.N. Statistical Office. Trade Data: Harmonized registered producers in Chile already FAS Global Agricultural Trade System using data Tariff Schedule for trade data. comply with most of the production from the U.N. Statistical Office. Harmonized Tariff 3 FAOSTAT for production data. USDA/FAS practices that will be required under the Schedule 6 digits. Global Agricultural Trade System using data from 7 The United States imported spinach from Israel the U.N. Statistical Office. Trade Data: Harmonized systems approach, the requirements will for the first time in year 2000, but did not import Tariff Schedule (HS: 070529 non-witloof variety of any Israeli spinach in 2001, 2002, or 2003. Source: chicory, and 070521 fresh chicory of witloof 5 Source of Production Data: http://apps.fao.org/ U.N. Trade Statistics, FAS Global Agricultural variety). faostat/agriculture/. Production data for lemons Trade System using data from the U.N. Statistical 4 FAOSTAT for production data. USDA/FAS include limes. Source of Trade Data: USDA/FAS Office. Trade Data: Harmonized Tariff Schedule (HS Global Agricultural Trade System using data from Global Agricultural Trade System using data from 6 Digit— 070970) spinach fresh or chilled. Source the U.N. Statistical Office. Trade Data: Harmonized the U.N. Statistical Office. Harmonized Tariff of production data: http://apps.fao.org/faostat/ Tariff Schedule for trade data. Schedule 6 digits. agriculture/.

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producer of spinach (all varieties), Philippines.10 Because the Philippines Summary producing, on average, an amount is a significant producer of mangoes, equivalent to a quarter of total U.S. allowing mangoes to be imported into U.S. importation of the commodities spinach imports annually. The amount Hawaii and Guam from additional included in this rule is not expected to imported in 2000 corresponds to 50 production areas in the Philippines have a significant economic impact on percent of Israel’s exports. Even if we could result in mango exports from the U.S. small entities. The different assume that Israel will double its Philippines capturing a larger share of production season of the Southern exports into the United States, it could those two markets. U.S. mango Hemisphere, where many of the fruits not supply more than 0.04 percent of production is less than 1 percent of the and vegetables included in this rule are U.S. demand for imports of spinach. amount the United States needs to produced, helps maintain a steady The economic effects of this change on satisfy its domestic consumption. supply of fresh produce, complementing the level of U.S. consumption and/or Between 2001 and 2002, the United rather than competing with U.S. production of spinach are not expected States imported approximately 100 production of these commodities. For to be significant. times the amount of its domestic mango those commodities that are not principal production, with most imports coming U.S. products, the additional supply Kiwi From Italy from Mexico. Thus, allowing imports will help satisfy growing demand for these specialty crops. For these reasons, Kiwi fruits from Italy can already be from more islands in the Philippines would be a benefit to U.S. consumers in we believe that any costs due to imported into the United States under increased competition that may be permit. The United States is a small Guam and Hawaii. The economic impact of this change on the level of incurred by domestic entities will be kiwi producer that imports almost twice U.S. consumption or its domestic minimal, and that those minimal costs as much as it produces to satisfy its production of mangoes is not expected will be outweighed by the benefits domestic demand.8 Italy supplies to be significant. associated with this rule, which include approximately 16 percent of U.S. improving the transparency of our imported kiwi fruits, and it is unlikely Apples and Grapes From South Africa regulations and providing the United that this will change as a result of this States with additional types and sources rule. Even if Italy increased its exports Apples and grapes from South Africa can already be imported into the United of fruits and vegetables while of kiwi to the United States, it would continuing to protect against the most likely displace another countries’ States under permit. South Africa supplies 3 percent of U.S. imports of introduction of quarantine pests through share because the United States is such imported fruits and vegetables. a small producer of kiwi. The economic apples and a little less than 2 percent of 11 impact resulting from this change on the U.S. imports of grapes. With respect to This rule contains various level of U.S. consumption is not grapes, South African exports alone recordkeeping requirements, which expected to be substantial. cannot satisfy U.S. demand for domestic were described in our proposed rule, consumption. Even if South Africa and which have been approved by the Citrus From New Zealand directs all of its exports of grapes Office of Management and Budget (see (880,590 tons) into the United States, it ‘‘Paperwork Reduction Act’’ below). Although FAS statistics indicate that would be only enough to supply 22 between 2001 and 2003, New Zealand percent of U.S. annual demand. The Executive Order 12372 supplied, on average, 0.006 percent of economic impact of this change on the 9 This program/activity is listed in the U.S. imports of oranges and lemons, level of U.S. consumption and/or Catalog of Federal Domestic Assistance APHIS’ PPQ has no records of these domestic production of apples and/or under No. 10.025 and is subject to imports and citrus fruit from New grapes is not expected to be significant. Zealand has not been admissible into Executive Order 12372, which requires the United States. New Zealand is a Cichorium From Central and South intergovernmental consultation with small producer/exporter of citrus, and America State and local officials. (See 7 CFR part the country’s exports were equivalent to 3015, subpart V.) There are no official data available for less than 1 percent of U.S. imports of cichorium, either on production or Executive Order 12988 citrus on average. Its total citrus trade, in the following countries: production is less than 8 percent of U.S. Bolivia, Brazil, Colombia, Costa Rica, This final rule allows certain fruits imports of citrus as a whole. Because Ecuador, El Salvador, French Guiana, and vegetables to be imported into the the United States will import such a Guyana, Honduras, Nicaragua, Panama, United States from certain parts of the small percentage of New Zealand citrus, Paraguay, Peru, Suriname, Uruguay, and world. State and local laws and even if we assume that New Zealand Venezuela. Thus, we assume that these regulations regarding the importation of greatly increases its exports to the countries are very small producers of fruits and vegetables under this rule will United States, it is unlikely to have a cichorium and that they are either not be preempted while the fruit is in substantial economic impact. currently exporting cichorium or are foreign commerce. Fresh fruits and Mangoes From the Philippines exporting only small amounts. For these vegetables are generally imported for reasons, we cannot determine what the immediate distribution and sale to the The United States currently imports a economic effects of this rule will be, but consuming public, and remain in very small amount of mangoes (18 tons they are not expected to be significant. foreign commerce until sold to the per year on average) from the ultimate consumer. The question of 10 Trade Data: Harmonized Tariff Schedule (HS 6 when foreign commerce ceases in other 8 Source: U.N. Trade Statistics, FAS Global Digit). Source of production data: http:// cases must be addressed on a case-by- Agricultural Trade System using data from the U.N. apps.fao.org/faostat/agriculture/. case basis. No retroactive effect will be Statistical Office. 11 Source: U.N. Trade Statistics, FAS Global given to this rule, and this rule will not 9 Total citrus trade data here includes the Agricultural Trade System using data from the U.N. require administrative proceedings following categories of fruits: Oranges (HS–6: Statistical Office. Trade Data: Harmonized Tariff 080510), mandarins (HS–6: 080520), lemons (HS–6: Schedule (HS 6 Digit). Source of production data: before parties may file suit in court 080530), and grapefruits (HS–6: 080540). http://apps.fao.org/faostat/agriculture/. challenging this rule.

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Paperwork Reduction Act established by a government to Nicaragua, for loroco and rambutan; In accordance with the Paperwork discharge the functions specified by the under Panama, for eggplant and Reduction Act of 1995 (44 U.S.C. 3501 International Plant Protection rambutan; under Peru, for Swiss chard; et seq.), the information collection or Convention. under Sierra Leone, for cassava; and recordkeeping requirements included in * * * * * under South Africa, for pineapple. this rule have been approved by the I 3. In § 319.56–2, paragraph (c) and the I ii. Removing the following entries: Office of Management and Budget OMB citation at the end of the section Under Argentina, for endive; under (OMB) under OMB control number are revised to read as follows: Bolivia, for Belgian endive; under 0579–0280. Ecuador, for radicchio; under Honduras, § 319.56–2 Restrictions on entry of fruits for chicory; under Nicaragua, for E-Government Act Compliance and vegetables. radicchio; under Panama, for Belgian The Animal and Plant Health * * * * * endive, chicory, and endive; under Inspection Service is committed to (c) General permit for fruits and Peru, for radicchio; and under Republic compliance with the E-Government Act vegetables grown in Canada. Fruits and of Korea, for chard. to promote the use of the Internet and vegetables grown in Canada may be I iii. Adding, in alphabetical order, the other information technologies, to imported into the United States without following entries to read as set forth provide increased opportunities for restriction under this subpart; provided, below: Under Argentina, for cichorium citizen access to Government that: and grape; under Belize, for cichorium information and services, and for other (1) Consignments of Allium spp. and eggplant; under Bolivia, for purposes. For information pertinent to consisting of the whole plant or above cichorium; under Chile, for cichorium; E-Government Act compliance related ground parts must be accompanied by a under Colombia, for cichorium; under to this rule, please contact Mrs. Celeste phytosanitary certificate issued by the Costa Rica, for cichorium and eggplant; Sickles, APHIS’ Information Collection NPPO of Canada with an additional under Ecuador, for cichorium; under El Coordinator, at (301) 734–7477. declaration stating that the articles are Salvador, for cichorium; under French free from Acrolepipsis assectella List of Subjects in 7 CFR Part 319 Guinea, for cichorium; under (Zeller). Guatemala, for cichorium; under Coffee, Cotton, Fruits, Imports, Logs, (2) Potatoes from Newfoundland and Honduras, for cichorium and eggplant; Nursery stock, Plant diseases and pests, that portion of the Municipality of under Israel, for New Zealand spinach; Quarantine, Reporting and Central Saanich in the Province of under New Zealand, for citrus; under recordkeeping requirements, Rice, British Columbia east of the West Nicaragua, for cichorium; under Vegetables. Saanich Road are prohibited Panama, for cichorium; under Peru, for I Accordingly, we are amending 7 CFR importation into the United States in cichorium; under Republic of Korea, for part 319 as follows: accordance with § 319.37–2 of this part. Swiss chard; and under Suriname, for * * * * * cichorium. PART 319—FOREIGN QUARANTINE (Approved by the Office of Management I iv. Adding entries for Bahamas, NOTICES and Budget under control numbers Brazil, French Guiana, Guyana, I 1. The authority citation for part 319 0579–0049 and 0579–0280) Paraguay, Uruguay, and Venezuela to continues to read as follows: I 4. Section 319.56–2t is amended as read as set forth below. Authority: 7 U.S.C. 450, 7701–7772, and follows: I b. In paragraph (b), by adding new 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR I a. In the table in paragraph (a), by: paragraphs (b)(2)(v), (b)(5)(vi), 2.22, 2.80, and 371.3. I i. Revising the following entries to (b)(5)(vii), and (b)(6)(v) to read as set I 2. Section 319.56–1 is amended by read as set forth below: Under Belize, forth below. adding, in alphabetical order, a for rambutan; under Bermuda, for I c. By revising the OMB citation at the definition for national plant protection longan; under Costa Rica, for rambutan; end of the section to read as set forth organization (NPPO) to read as follows: under El Salvador, for loroco and below. rambutan; under Grenada, for litchi and § 319.56–1 Definitions. rambutan; under Guatemala, for § 319.56–2t Administrative instructions: * * * * * eggplant and rambutan; under Conditions governing the entry of certain National plant protection Honduras, for rambutan; under Mexico, fruits and vegetables. organization (NPPO). Official service for banana and rambutan; under (a) * * *

Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

Argentina

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Grape ...... Vitis spp ...... Fruit ...... (b)(1)(ii).

******* Bahamas ...... Citrus ...... Citrus spp ...... Fruit ...... (b)(5)(vi), (b)(6)(v).

******* Belize

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Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Bermuda

******* Longan ...... Dimocarpus longan ...... Fruit or cluster.

******* Bolivia ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Brazil ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Chile

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Colombia ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Costa Rica

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Ecuador

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* El Salvador

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Loroco ...... Fernaldia spp ...... Flower and leaf.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or clusters ...... (b)(2)(i), (b)(5)(iii).

******* French Guiana ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Grenada

******* Litchi ...... Litchi chinensis ...... Fruit or cluster.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster.

******* Guatemala

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

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Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Guyana ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Honduras

******* Cichorium ...... Cichorium spp ...... Leaf, stems, and roots.

******* Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Israel

******* New Zealand spinach ...... Tetragonia tetragonioides .. Leaves..

******* Mexico

******* Banana ...... Musa spp ...... Flower and leaf.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* New Zealand

******* Citrus ...... Citrus spp ...... Fruit ...... (b)(3), (b)(5)(vii).

******* Nicaragua ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Loroco ...... Fernaldia spp ...... Flower and leaf.

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Panama

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3).

******* Rambutan ...... Nephelium lappaceum ...... Fruit or cluster ...... (b)(2)(i), (b)(5)(iii).

******* Paraguay ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Peru

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Swiss chard ...... Beta vulgaris subsp. cicla .. Leaf and stem.

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Additional restriction(s) Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this section)

******* Republic of Korea

******* Swiss chard ...... Beta vulgaris subsp. cicla .. Leaf and stem.

******* Sierra Leone ...... Cassava ...... Manihot esculenta ...... Leaf and root ......

******* South Africa

******* Pineapple ...... Ananas spp ...... Fruit ...... (b)(2)(v).

******* Suriname

******* Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

******* Uruguay ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots. Venezuela ...... Cichorium ...... Cichorium spp ...... Leaves, stems, and roots.

*******

(b) * * * fruit is free from Cnephasia jactatana, I a. By revising the following entries to (2) * * * Coscinoptycha improbana, read as set forth below: Under China, for (v) Prohibited entry into Puerto Rico, Ctenopseustis obliquana, Epiphyas litchi and longan; under India, for litchi; Virgin Islands, Northern Mariana postvittana, Pezothrips kellyanus, and under Israel, for litchi; and under Islands, Hawaii, and Guam. Cartons in Planotortrix excessana; must undergo a Taiwan, for litchi. which commodity is packed must be port of entry inspection with a biometric I b. By removing, under El Salvador, stamped ‘‘For distribution in the sampling of 100 percent of 30 boxes the entry for garden bean and by adding, continental United States only.’’ selected randomly from each shipment; in alphabetical order, the following * * * * * and the randomly selected boxes must entries to read as set forth below: Under (5) * * * be examined for hitchhiking pests. Argentina, for grape; under Chile, for (vi) Must be accompanied by a (6) * * * lemons; and under El Salvador, for phytosanitary certificate issued by the (v) Grapefruit (Citrus paradisi), lemon green bean. NPPO of the country of origin with an (Citrus limon), orange (Citrus sinensis), I c. By adding, in alphabetical order, additional declaration stating that the and tangelo (Citrus reticulata) only. entries for Italy and the Republic of fruit is from an area where citrus canker South Africa to read as set forth below. (Xanthomonas citri (Hasse) Dowson) is (Approved by the Office of Management not known to occur. and Budget under control numbers § 319.56–2x Administrative instructions; (vii) Must be accompanied by a 0579–0049, 0579–0236, 0579–0264, and conditions governing the entry of certain phytosanitary certificate issued by the 0579–0280) fruits and vegetables for which treatment is NPPO of the country of origin and with I 5. In § 319.56–2x, the table in required. an additional declaration stating that the paragraph (a) is amended as follows: (a) * * *

Country/locality Common name Botanical name Plant part(s)

Argentina

******* Grape ...... Vitis spp ...... Fruit. (Treatment for Anastrepha spp. fruit flies and Medfly not required if fruit is grown in a fruit fly-free area (see § 319.56–2(j)).

******* Chile ...... Lemon ...... Citrus limon ...... Fruit.

******* China ...... Litchi ...... Litchi chinensis ...... Fruit or cluster. (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed must be stamped ‘‘Not for importation into or distribution in FL.’’) Longan ...... Dimocarpus longan ...... Fruit or cluster

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Country/locality Common name Botanical name Plant part(s)

******* El Salvador ...... Green bean ...... Phaseolus vulgaris ...... Pod or shelled.

******* India ...... Litchi ...... Litchi chinensis ...... Fruit or cluster (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed must be stamped ‘‘Not for importation into or distribution in FL.’’) Israel

******* Litchi ...... Litchi chinensis ...... Fruit or cluster. (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed must be stamped ‘‘Not for importation into or distribution in FL.’’)

******* Italy ...... Kiwi ...... Actinidia deliciosa ...... Fruit.

******* Republic of South Africa .... Apple ...... Malus domestica ...... Fruit. Grape ...... Vitis spp ...... Fruit.

******* Taiwan

*******

* * * * * (2) Systems approach. The tomatoes trapping protocol for the detection of I 6. Section 319.56–2dd is amended as may be imported without fumigation for Medfly in infested areas is as follows: follows: Tuta absoluta, Rhagoletis tomatis, and (A) McPhail traps with an approved I a. By revising the introductory text of Mediterranean fruit fly (Medfly, protein bait must be used within paragraph (d) to read as set forth below. Ceratitis capitata) if they meet the registered greenhouses. Traps must be I b. By redesignating paragraphs (d)(1), following conditions: placed inside greenhouses at a density (d)(2), and (d)(3) as paragraphs (d)(1)(i), (i) The tomatoes must be grown in of 4 traps/10 ha, with a minimum of at (d)(1)(ii), and (d)(1)(iii), respectively, approved production sites that are least two traps per greenhouse. and by adding new introductory text of registered with SAG. Initial approval of paragraph (d)(1) to read as set forth (B) Medfly traps with trimedlure must the production sites will be completed below. be placed inside a buffer area 500 I c. In newly redesignated paragraph jointly by SAG and APHIS. SAG will meters wide around the registered (d)(1)(iii), in the first sentence, by visit and inspect the production sites production site, at a density of 1 trap/ adding the words ‘‘with treatment in monthly, starting 2 months before 10 ha and a minimum of 10 traps. These accordance with this paragraph (d)(1)’’ harvest and continue until the end of traps must be checked at least every 7 after the word ‘‘Chile’’. the shipping season. APHIS may days. At least one of these traps must be I d. By adding a new paragraph (d)(2) monitor the production sites at any time near a greenhouse. Traps must be set for to read as set forth below. during this period. at least 2 months before export and I e. By revising the OMB citation at the (ii) Tomato production sites must trapping and continue to the end of the end of the section to read as set forth consist of pest-exclusionary harvest season. below. greenhouses, which must have self- (C) Medfly prevalence levels in the § 319.56–2dd Administrative instructions: closing double doors and have all other surrounding areas must be 0.7 Medflies conditions governing the entry of tomatoes. openings and vents covered with 1.6 per trap per week or lower. If levels mm (or less) screening. exceed this before harvest, the * * * * * (d) Tomatoes from Chile. Tomatoes (iii) The tomatoes must originate from production site will be prohibited from (fruit) (Lycopersicon esculentum) from a Medfly free area (see § 319.56–2(j)) of shipping under the systems approach. If Chile, whether green or at any stage of Chile or an area where Medfly trapping the levels exceed this after the 2 months ripeness, may be imported into the occurs. Production sites in areas where prior to harvest, the production site United States with treatment in Medfly is known to occur must contain would be prohibited from shipping accordance with paragraph (d)(1) of this traps for both Medfly and Rhagoletis under the systems approach until section or if produced in accordance tomatis in accordance with paragraphs APHIS and the NPPO of Chile agree that with the systems approach described in (d)(2)(iii) and (d)(2)(iv) of this section. the pest risk has been mitigated. paragraph (d)(2) of this section. Production sites in all other areas do not (iv) Registered production sites must (1) With treatment. *** require trapping for Medfly. The contain traps for Rhagoletis tomatis in

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accordance with the following SAG agree that risk mitigation is (a) Mangoes grown on the island of provisions: achieved. Guimaras, which the Administrator has (A) McPhail traps with an approved (vii) All traps must be placed at least determined meet the criteria set forth in protein bait must be used within 2 months prior to harvest and be § 319.56–2(e)(4) and § 319.56–2(f) with registered greenhouses. Traps must be maintained throughout the harvest regard to the mango seed weevil placed inside greenhouses at a density season and be monitored and serviced (Sternochetus mangiferae), are eligible of 4 traps/10 ha, with a minimum of at weekly. for importation into all areas of the least two traps per greenhouse. Traps (viii) SAG must maintain records of United States. Mangoes from all other inside greenhouses will use the same trap placement, checking of traps, and areas of the Philippines except Palawan bait for Medfly and Rhagoletis tomatis of any Rhagoletis tomatis or Tuta are eligible for importation into Hawaii because the bait used for R. tomatis is absoluta captures for 1 year for APHIS and Guam only. Mangoes from Palawan sufficient for attracting both types of review. SAG must maintain an APHIS are not eligible for importation into the fruit fly within the confines of a approved quality control program to United States. greenhouse; therefore, it is unnecessary monitor or audit the trapping program. * * * * * to repeat this trapping protocol in APHIS must be notified when a (d) * * * Shipments originating from production sites in areas where Medfly production site is removed from or approved areas other than Guimaras is known to occur. added to the program. must be labeled ‘‘For distribution in (B) McPhail traps with an approved (ix) The tomatoes must be packed Guam and Hawaii only.’’ protein bait must be placed inside a 500 within 24 hours of harvest in a pest- (e) Phytosanitary certificate. Mangoes meter buffer zone at a density of 1 trap/ exclusionary packinghouse. The originating from all approved areas must 10 ha surrounding the production site. tomatoes must be safeguarded by a pest- be accompanied by a phytosanitary At least one of the traps must be near proof screen or plastic tarpaulin while certificate issued by the Republic of the a greenhouse. Traps must be set for at in transit to the packinghouse and while Philippines Department of Agriculture least 2 months before export until the awaiting packing. Tomatoes must be that contains an additional declaration end of the harvest season and must be packed in insect-proof cartons or stating that the mangoes have been checked at least every 7 days. In areas containers or covered with insect-proof treated for fruit flies of the genus where Medfly trapping is required, traps mesh or plastic tarpaulin for transit to Bactrocera in accordance with located outside of greenhouses must the United States. These safeguards paragraph (b) of this section. contain different baits for Medfly and must remain intact until arrival in the Phytosanitary certificates accompanying Rhagoletis tomatis. There is only one United States. shipments of mangoes originating from approved bait for R. tomatis and the bait (x) During the time the packinghouse the island of Guimaras must also is not strong enough to lure Medfly is in use for exporting fruit to the United contain an additional declaration stating when used outside greenhouses; States, the packinghouse may only that the mangoes were grown on the therefore, separate traps must be used accept fruit from registered approved island of Guimaras. for each type of fruit fly present in the production sites. * * * * * (xi) SAG is responsible for export area surrounding the greenhouses. (Approved by the Office of Management certification inspection and issuance of (C) If within 30 days of harvest a and Budget under control numbers phytosanitary certificates. Each single Rhagoletis tomatis is captured 0579–0172 and 0579–0280) inside the greenhouse or in a shipment of tomatoes must be accompanied by a phytosanitary Done in Washington, DC, this 12th day of consignment or if two R. tomatis are December 2006. captured or detected in the buffer zone, certificate issued by SAG with an Kevin Shea, shipments from the production site will additional declaration, ‘‘These tomatoes were grown in an approved production Acting Administrator, Animal and Plant be suspended until APHIS and SAG Health Inspection Service. determine that risk mitigation is site in Chile.’’ The shipping box must be [FR Doc. E6–21496 Filed 12–15–06; 8:45 am] achieved. labeled with the identity of the (v) Registered production sites must production site. BILLING CODE 3410–34–P conduct regular inspections for Tuta * * * * * absoluta throughout the harvest season (Approved by the Office of Management and find these areas free of T. absoluta FEDERAL DEPOSIT INSURANCE and Budget under control numbers CORPORATION evidence (e.g., eggs or larvae). If within 0579–0049, 0579–0131, 0579–0280, and 30 days of harvest, two Tuta absoluta 0579–0286) 12 CFR Part 313 are captured inside the greenhouse or a I single T. absoluta is found inside the 7. Section 319.56–2ii is amended as RIN 3064–AD12 fruit or in a consignment, shipments follows: I a. By revising paragraph (a) to read as from the production site would be Procedures for Corporate Debt set forth below. suspended until APHIS and SAG Collection I b. In paragraph (d), by adding a new determine that risk mitigation is sentence at the end of the paragraph to AGENCY: Federal Deposit Insurance achieved. read as set forth below. Corporation (FDIC). (vi) SAG will ensure that populations I c. By revising paragraph (e) to read as ACTION: Final rule. of Liriomyza huidobrensis inside set forth below. SUMMARY: The Federal Deposit greenhouses are well managed by doing I d. By adding an OMB citation at the Insurance Corporation (FDIC) is inspections during the monthly visits end of the section to read as set forth amending 12 CFR part 313, Procedures specifically for L. huidobrensis mines in below. the leaves and for visible external pupae for Corporate Debt Collection, to include or adults. If L. huidobrensis is found to § 319.56–2ii Administrative instructions: delinquent criminal restitution debt be generally infesting the production conditions governing the entry of mangoes within the debt covered by part 313. site, shipments from the production site from the Philippines. DATES: Effective Date: This rule is would be suspended until APHIS and * * * * * effective on December 18, 2006.

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