Thursday, April 27, 2006 Part IV Department of Agriculture Animal and Plant Health Inspection Service 7 CFR Parts 305, 319, and 352 Revision of Fruits and Vegetables Import Regulations; Proposed Rule VerDate Aug<31>2005 15:27 Apr 26, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27APP2.SGM 27APP2 rmajette on PROD1PC67 with PROPOSALS2 25010 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules DEPARTMENT OF AGRICULTURE changes would not alter the manner in FOR FURTHER INFORMATION CONTACT: which the risk associated with a Regarding the proposed commodity Animal and Plant Health Inspection commodity import request is evaluated, import request evaluation process, Service nor would it alter the manner in which contact Mr. Matthew Rhoads, Planning, those risks are ultimately mitigated. Analysis, and Regulatory Coordination, 7 CFR Parts 305, 319, and 352 DATES: We will consider all comments PPQ, APHIS, 4700 River Road, Unit 141, [Docket No. APHIS–2005–0106] that we receive on or before July 26, Riverdale, MD 20737; (301) 734–8790. 2006. We will also consider comments Regarding import conditions for RIN 0579–AB80 made at public hearings to be held in particular commodities, contact Ms. Seattle, WA, on May 23, 2006; in Los Donna L. West, Senior Import Revision of Fruits and Vegetables Specialist, Commodity Import Analysis Import Regulations Angeles, CA, on May 24, 2006; in Miami, FL, on May 26, 2006; and in and Operations, PPQ–PRI, APHIS, 4700 River Road, Unit 133, Riverdale, MD AGENCY: Animal and Plant Health Washington, DC, on June 20, 2006. 20737; (301) 734–8758. Inspection Service, USDA. ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: ACTION: Proposed rule and notice of by either of the following methods: public hearings. • Federal eRulemaking Portal: Go to Public Hearings http://www.regulations.gov and, in the We are advising the public that we are SUMMARY: We are proposing to revise ‘‘Search for Open Regulations’’ box, hosting four public hearings on this and reorganize the regulations select ‘‘Animal and Plant Health proposed rule. The first public hearing pertaining to the importation of fruits Inspection Service’’ from the agency will be held in Seattle, WA, on Tuesday, and vegetables to consolidate drop-down menu, then click on May 23, 2006 from 9 a.m. to 1 p.m., requirements of general applicability ‘‘Submit.’’ In the Docket ID column, local time. The second public hearing and eliminate redundant requirements, select APHIS–2005–0106 to submit or will be held in Los Angeles, CA, on update terms and remove outdated view public comments and to view Wednesday, May 24, 2006, from 1 p.m. requirements and references, update the supporting and related materials to 5 p.m., local time. The third public regulations that apply to importations available electronically. After the close hearing will be held in Miami, FL, on into territories under U.S. of the comment period, the docket can Friday, May 26, 2006, from 9 a.m. to 1 administration, and make various be viewed using the ‘‘Advanced Search’’ p.m., local time. The fourth public editorial and nonsubstantive changes to function in Regulations.gov. hearing will be held in Washington, DC, • regulations to make them easier to use. Postal Mail/Commercial Delivery: on June 20, 2006, from 9 a.m. to 1 p.m., We are also proposing to make Please send four copies of your local time. substantive changes to the regulations, comment (an original and three copies) A representative of the Animal and including: Establishing criteria within to Docket No. APHIS–2005–0106, Plant Health Inspection Service will the regulations that, if met, would allow Regulatory Analysis and Development, preside at the public hearings. Any us to approve certain new fruits and PPD, APHIS, Station 3A–03.8, 4700 interested person may appear and be vegetables for importation into the River Road, Unit 118, Riverdale, MD heard in person, by attorney, or by other United States and to acknowledge pest- 20737–1238. Please state that your representative. Written statements may free areas in foreign countries more comment refers to Docket No. APHIS– be submitted and will be made part of effectively and expeditiously; doing 2005–0106. the hearing record. A transcript of the away with the practice of listing specific Public Hearings: Public hearings public hearings will be placed in the commodities that may be imported regarding this rule will be held at the rulemaking record and will be available subject to certain types of phytosanitary following locations: for public inspection. measures; and providing for the 1. Seattle, WA: Seattle Renaissance The purpose of the hearings is to give issuance of special use permits for fruits Hotel, 515 Madison Street, Seattle, WA. interested persons an opportunity for and vegetables. These changes are 2. Los Angeles, CA: The Westin Los presentation of data, views, and intended to simplify and expedite our Angeles Airport, 5400 West Century arguments. Questions about the content processes for approving certain new Boulevard, Los Angeles, CA. of the proposed rule may be part of the imports and pest-free areas while 3. Miami, FL: Hilton Miami Airport, commenters’ oral presentations. continuing to allow for public 5101 Blue Lagoon Drive, Miami, FL. However, neither the presiding officer participation in the processes. This 4. Washington, DC: USDA Jamie L. nor any other representative of APHIS proposal, if adopted, would represent a Whitten Building, 1400 Independence will respond to comments at the significant structural revision of the Avenue, SW., Washington, DC. hearings, except to clarify or explain fruits and vegetables import regulations Reading Room: You may read any provisions of the proposed rule. and would establish a new process for comments that we receive on this The presiding officer may limit the approving certain new commodities for docket in our reading room. The reading time for each presentation so that all importation into the United States. It room is located in room 1141 of the interested persons appearing at each would not, however, allow the USDA South Building, 14th Street and hearing have an opportunity to importation of any specific new fruits or Independence Avenue, SW., participate. Each hearing may be vegetables, nor would it alter the Washington, DC. Normal reading room terminated at any time if all persons conditions for importing currently hours are 8 a.m. to 4:30 p.m., Monday desiring to speak and that are present in approved fruits or vegetables except as through Friday, except holidays. To be the hearing room have been heard. specifically described in this document. sure someone is there to help you, Registration for the hearings may be To the extent to which trading partners please call (202) 690–2817 before accomplished by registering with the consider the time it takes to conduct the coming. presiding officer 30 minutes prior to the rulemaking process a trade barrier, by Other Information: Additional scheduled start of each hearing. Persons reducing that time, these proposed information about APHIS and its who wish to speak at a hearing will be changes may facilitate the export of U.S. programs is available on the Internet at asked to sign in with their name and agricultural commodities. The proposed http://www.aphis.usda.gov. organization to establish a record for the VerDate Aug<31>2005 15:27 Apr 26, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27APP2.SGM 27APP2 rmajette on PROD1PC67 with PROPOSALS2 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules 25011 hearing. We ask that anyone who reads process of listing, in the regulations, Other commodities must always be a statement provide two copies to the specific commodities that may be treated for pests before arriving at a U.S. presiding officer at the hearing. imported subject to certain types of port of entry, in addition to meeting Persons wishing to speak at one or phytosanitary measures; and (3) these universal requirements. A partial both of the public hearings may register providing for the issuance of special use list of such commodities may be found in advance by phone or e-mail. Persons permits for fruits and vegetables. These in § 319.56–2x of the current wishing to register by phone should call changes are necessary to simplify and regulations.2 Certain other fruits and the Regulatory Analysis and expedite the APHIS processes for vegetables must meet additional Development voice mail at (301) 734– approving new imports and pest-free requirements (in some cases, called 8138. Callers must leave a message areas while continuing to allow for ‘‘systems approaches’’) to be eligible for clearly stating (1) the location of the public participation in the process. This importation into the United States. Such hearing the registrant wishes to speak at, proposal, if adopted, would represent a measures include sampling regimens, and (2) the registrant’s name and significant structural revision of the pest surveys, packing requirements, and organization. Persons wishing to register regulations, and would establish a new other measures determined to be by e-mail must send an e-mail with the process for approving certain new necessary to mitigate the pest risk posed same information described above to commodities for importation into the by the particular commodity. http://ppq.public.hearings@ United States. It would not, however, Requirements for importing these aphis.usda.gov. Please write the allow the importation of any specific commodities may be found in location of the hearing you wish to new fruits or vegetables, nor would it §§ 319.56–2a through 319.56–2oo. attend in the subject line. Advance alter the conditions for importing Proposed Revisions registration for the hearings must be currently approved fruits or vegetables received by 3 p.m.