[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Proposed Rules]
[Pages 1700-1704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-134]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / 
Proposed Rules  

[[Page 1700]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 05-059-1]


Importation of Baby Corn and Baby Carrots From Zambia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation into the continental United States 
of fresh, dehusked immature (baby) sweet corn and fresh baby carrots 
from Zambia. As a condition of entry, both commodities would be subject 
to inspection at the port of first arrival and would have to be 
accompanied by a phytosanitary certificate with an additional 
declaration stating that the commodity has been inspected and found 
free of the quarantine pest listed on the certificate. This action 
would allow for the importation of Zambian baby corn and baby carrots 
into the United States while continuing to provide protection against 
the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before March 
13, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2005-0111 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 05-059-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 05-059-1.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist, 
Commodity Import Analysis and Operations, Plant Health Programs, 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 319.56-8, referred to below as the regulations) prohibit or 
restrict the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent the introduction and 
dissemination of plant pests that are new to or not widely distributed 
within the United States.
    The national plant protection organization (NPPO) of Zambia has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow baby corn and baby carrots from Zambia 
to be imported into the United States. As part of our evaluation of 
Zambia's request, we prepared a pest risk assessment (PRA) and a risk 
management document for each commodity. Copies of the PRAs and risk 
management documents may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site 
(see ADDRESSES above for instruction for accessing Regulations.gov).
    The PRA titled ``Importation of Fresh, Dehusked, Immature, Baby 
Corn, Zea mays L., from Zambia into the Continental United States'' 
(June 2005) evaluates the risks associated with the importation of baby 
corn into the continental United States (the lower 48 States and 
Alaska) from Zambia. The term ``baby corn'' refers to dehusked, 
immature, sweet corn for consumption 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. The PRA and supporting documents identified one 
pest of quarantine significance present in Zambia, the fungus Phomopsis 
jaczewskii Panasenko, that could be introduced into the United States 
via baby corn. Although information on P. jaczewskii is limited, it is 
considered likely to follow the pathway because it infects corn 
kernels. Some species of Phomopsis, though not necessarily P. 
jaczewskii, may produce latent infections that could escape detection 
during post-harvest processing.
    Post-harvest processing for commercial baby corn typically involves 
dehusking and removal of the silks. Pickers and packers in Zambia are 
directed to reject any corn showing mechanical damage, shriveling and 
softness, disease, rot or decay, pest damage, or tissue breakdown. At 
the packing facility, cobs are blast chilled for 1 hour, or long enough 
to bring the temperature down to 2 [deg]C (35.6 [deg]F), then are 
stored at 4 to 6 [deg]C (39.2 to 42.8 [deg]F) for a maximum of 2 days 
before packaging. The baby corn would be exported to the continental 
United States in shrink-wrapped, microwavable trays or boil-ready 
plastic bags.
    Because fungi in the genus Phomopsis can remain dormant for a 
period until required environmental conditions are met before producing 
spore-bearing structures, APHIS has determined that measures beyond 
standard port of entry inspection are required to mitigate the plant 
pest risk of this fungus. The proposed phytosanitary measures include a 
requirement for each shipment of corn to be accompanied by a 
phytosanitary certificate issued by the NPPO of Zambia that includes an 
additional declaration stating that the corn has been inspected and 
found free of Phomopsis jaczewskii based on field

[[Page 1701]]

and packinghouse inspections. The proposed requirement for an 
additional declaration would provide phytosanitary security by 
requiring the NPPO of Zambia or its designee to conduct phytosanitary 
inspections for this pest both in the field during the growing season 
and at the packinghouse prior to export to ensure that the corn is free 
from P. jaczewskii. This would increase the inspections the corn 
receives by requiring phytosanitary inspections in addition to the 
normal packinghouse quality inspection.
    Furthermore, specifically listing the pest on the additional 
declaration would alert U.S. inspectors to the specific pest of 
concern. Additionally, the commodity imports would be restricted solely 
to commercial shipments within the continental United States.
    We have determined these proposed measures would provide an 
appropriate level of phytosanitary protection for the importation of 
baby corn from Zambia. Phomopsis seed rots generally affect crops left 
in the field after maturity prior to harvesting. Corn picked prior to 
maturity, in contrast, is less exposed to inoculum, and less likely to 
become infected or harbor asymptomatic infections. Additionally, the 
NPPO of Zambia would routinely conduct field inspections and the corn 
would be dehusked and inspected as part of the packing process. These 
measures, including the requirement for a phytosanitary certificate, 
would provide an appropriate level of phytosanitary protection for the 
importation of baby corn from Zambia.
    The regulations in ``Subpart--Indian Corn or Maize, Broomcorn, and 
Related Plants'' (Sec. Sec.  319.41 through 319.41-6) prohibit or 
restrict the importation of Indian corn or maize, broomcorn, and 
related plants in order to prevent the introduction of plant pests into 
the United States. The regulations in Sec.  319.41-1 list articles of 
Indian corn or maize, broomcorn, and related plants that are eligible 
for importation into the United States and the conditions under which 
they may be imported. To reflect our proposed addition of baby corn 
from Zambia to the fruits and vegetables regulations, we are proposing 
to amend Sec.  319.41-1 by adding a new paragraph (d) that would list 
immature, dehusked (baby) sweet corn imported from Zambia in accordance 
with a new Sec.  319.56-2f among the articles eligible for importation.
    The PRA titled ``Importation of Baby Carrot, Daucus carota L. ssp. 
sativus, from Zambia into the Continental United States'' (June 2005), 
evaluates the risks associated with the importation of baby carrots 
into the continental United States from Zambia. The term ``baby 
carrot'' refers to immature carrots for consumption measuring 10 to 18 
millimeters (0.39 to 0.71 inches) in diameter and 50 to 105 millimeters 
(1.97 to 4.13 inches) in length. The PRA and supporting documents 
identified one pest of quarantine significance that could be introduced 
in the United States via baby carrots from Zambia, the nematode 
Meloidogyne ethiopica Whitehead. It is possible, however, that M. 
ethiopica does not occur in Zambia. The assumption that M. ethiopica 
occurs with carrots in Zambia was based on the fact that Zambia borders 
Zimbabwe, where the nematode was once collected, and that the nematode 
has been associated with carrots in South Africa. The Zambian NPPO 
recently provided a statement that field surveys and literature reviews 
did not indicate any record of the pest having been detected in Zambia.
    Post-harvest processing for commercial carrots typically involves 
trimming to remove tops and washing and brushing to remove soil as well 
as adventitious roots. Pickers and packers in Zambia are directed to 
reject any carrots showing any mechanical damage, pest damage, 
malformed roots, disease, or soil contamination. Meloidogyne species 
typically cause roots to be malformed with numerous galls or knots, 
which would cause the carrots to be culled during post-harvest 
processing. At the packing facility, the carrots are blast chilled for 
1 hour, or long enough to bring the temperature down to 4 [deg]C (39.2 
[deg]F), then stored at 5 to 7 [deg]C (41 to 44.6 [deg]F) for a maximum 
of 4 days before packaging. The baby carrots would be exported to the 
continental United States in shrink-wrapped, microwavable trays or 
boil-ready plastic bags.
    Because the climate of the United States is generally favorable to 
the establishment of M. ethiopica, and because M. ethiopica feeds on a 
wide variety of host plants, APHIS has determined that measures beyond 
standard port of entry inspection are required to mitigate the plant 
pest risk of this nematode. The proposed phytosanitary measures include 
a requirement for each shipment of carrots to be accompanied by a 
phytosanitary certificate issued by the NPPO of Zambia that includes an 
additional declaration stating that the carrots have been inspected and 
found free of Meloidogyne ethiopica based on field and packinghouse 
inspections. The NPPO of Zambia or its designee would conduct field 
inspections during the growing season and at the packinghouse to ensure 
that the carrots are free from M. ethiopica. Additionally, the carrots 
would have to be free from leaves and soil. The commodity imports would 
be restricted solely to commercial shipments within the continental 
United States.
    We have determined these proposed measures would provide an 
appropriate level of phytosanitary protection for the importation of 
baby carrots from Zambia, given that the nematode may not be present in 
Zambia and because root knot nematodes tend to produce recognizable 
symptoms which would cause the carrots to be culled during post-harvest 
procedures. The proposed requirement for a phytosanitary certificate 
with an additional declaration would provide phytosanitary security by 
requiring the NPPO of Zambia or its designee to conduct phytosanitary 
inspections for this pest. This doubles the number of inspections the 
carrots would receive by requiring a phytosanitary inspection at the 
production site in addition to the normal packinghouse quality 
inspection. Furthermore, specifically listing the pest on the 
additional declaration would alert U.S. inspectors to the specific pest 
of concern.
    To reflect our proposed addition to the fruits and vegetables 
regulations of baby carrots from Zambia, we are proposing to add a new 
Sec.  319.56-2f governing the conditions of entry of baby corn and baby 
carrots from Zambia into the continental United States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to regulate the importation of plants, 
plant products, and other articles to prevent the introduction of plant 
pests into the United States or the dissemination of plant pests within 
the United States. In response to a request from the Government of 
Zambia, and after conducting pest risk assessments, APHIS is proposing 
to allow the importation from Zambia of commercial shipments of fresh, 
dehusked immature (baby) sweet corn for consumption and fresh baby 
carrots for consumption. Both commodities would be allowed to be 
imported only into the continental United States.

[[Page 1702]]

Effects on Small Entities

    The Regulatory Flexibility Act requires agencies to consider the 
economic impact of their regulations on small entities and to use 
flexibility to provide regulatory relief when regulations create 
economic disparities between differently sized entities. In accordance 
with the Act, APHIS has performed an initial regulatory flexibility 
analysis regarding the economic effects of this proposed rule on small 
entities. We do not have all the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities that 
may incur benefits or costs from the implementation of this proposed 
rule, as data on the number and size of U.S. producers of the 
commodities proposed for importation into the United States in this 
document are not available. However, based on the information we do 
have, we believe that most if not all of the businesses affected by the 
proposed rule would be small, and there is no reason to conclude that 
adoption of this proposed rule would result in any significant economic 
effect on a substantial number of small entities.
    U.S. entities that could be affected by the proposed rule are 
domestic producers of baby corn and baby carrots, and wholesalers that 
would import the two commodities. Restaurants or other retailers that 
would subsequently purchase the items could be indirectly affected. 
Businesses producing baby corn or baby carrots are classified in the 
North American Industry Classification System (NAICS) within the 
category of Other Vegetable (except Potato) and Melon Farming (NAICS 
code 111219). The Small Business Administration's (SBA) small-entity 
definition for these producers is annual receipts of not more than 
$750,000. Firms that would import the baby corn and baby carrots from 
Zambia are defined as small entities if they have 100 or fewer 
employees (NAICS code 424480, Fresh Fruit and Vegetable Merchant 
Wholesalers). The wholesale sector comprises two types of wholesalers, 
those that sell goods on their own account and those that arrange sales 
and purchases for others for a commission or fee. Importers are 
included in both cases.
    As stated above, we believe that most if not all of the businesses 
affected by the proposed rule would be small since, in general, firms 
engaged in production and importation of agricultural commodities are 
predominantly small.
    APHIS has not been able to obtain production or trade data that is 
specific to baby carrots, and only limited information on baby corn. 
Statistical information on baby corn production is limited because 
producing countries either include it within the sweet corn category, 
as is done in the United States, or do not report production of this 
commodity at all. Quantities of baby corn produced, imported, and 
consumed in the United States are not known. According to industry 
sources, it is grown in California, and the largest foreign supplier is 
Costa Rica. Other sources are Mexico, Guatemala, and Honduras. Mexico 
provided 92 percent of U.S. fresh sweet corn imports during 1998-2000, 
with the majority arriving during the winter (December to April). Fresh 
baby corn is included in these imports; however its amount is unknown. 
We welcome information that the public may offer that would allow for a 
better estimate of the number of small entities expected to be affected 
by the proposed rule.
    The Food and Agriculture Organization of the United Nations' 
statistics indicate that Zambia produced an average of 750,000 metric 
tons of corn per year between 1997 and 2002 and exported 1 percent of 
its corn production. How much of Zambia's corn production and exports 
is baby corn is not known. It is noted that production of baby corn and 
baby carrots depends on hand labor due to the unsuitability of 
mechanical agricultural harvesting techniques. Zambia's plentiful farm 
labor resources provide it with an economic advantage in the production 
of these crops.
    The Government of Zambia has indicated its intention to export 
approximately 400 metric tons (16 40-foot shipping containers) of baby 
corn and 400 metric tons of baby carrots to the continental United 
States annually. There are two large commercial agricultural companies 
in Zambia (York Farm and Chalimbana Fresh Produce Ltd., formerly known 
as Agriflora Limited) that are responsible for producing the bulk of 
specialty crops (crops that require more intensive labor to qualify for 
exportation). The two companies use either contract growers or their 
own farms, which are distributed between Zambia's three geographical 
zones to ensure year round supply of fresh produce. In 2002, Agriflora 
exported 100 metric tons of baby corn to the United Kingdom. According 
to the technical advisor of the Organic Producer and Processor 
Association of Zambia, of a total of 2,500 hectares of agricultural 
land devoted to specialty crop production that was inspected in 2004, 
743 hectares have been certified for exports.
    Without additional information on the number of U.S. producers of 
baby corn and baby carrots, the quantities they produce, and the 
quantities already being imported into the United States, we cannot 
assess the potential impact of the proposed rule on U.S. small 
entities. An increase in supply can be expected to exert downward 
pressure on prices. We welcome comments that will allow us to better 
determine the possible magnitude of these price effects.

Alternatives

    An alternative to the proposed rule would be to require that a 
different set of phytosanitary measures be satisfied. Risk assessment 
and risk management documents prepared by APHIS identify one quarantine 
pest each for baby corn (Phomopsis jaczewskii, a fungus) and baby 
carrots (Meloidogyne ethiopica, a nematode) proposed to be imported 
from Zambia. Both commodities would be subject to inspection at the 
port of first arrival and would be required to be accompanied by a 
phytosanitary certificate. The phytosanitary certificate for baby corn 
would be required to include an additional declaration stating that the 
corn has been inspected prior to export and found free of P. 
jaczewskii, based on field and packinghouse inspections conducted by 
the NPPO of Zambia. The phytosanitary certificate for baby carrots 
would be required to state that the carrots have been inspected prior 
to export and found free of M. ethiopica based on field and 
packinghouse inspections conducted by the NPPO of Zambia. Both 
commodities could be imported in commercial shipments only. In 
addition, the baby carrots would have to be free from leaves and soil. 
These conditions are expected to successfully mitigate any risks posed 
to U.S. agriculture. Import requirements less or more stringent than 
those proposed would either not provide an appropriate level of 
phytosanitary protection or impose unduly burdensome measures.
    We would appreciate any comments on the potential economic effects 
of allowing the importation into the United States of baby corn and 
baby carrots from Zambia, and on how the proposed rule could be 
modified to reduce expected costs or burdens for small entities 
consistent with its objectives.
    This proposed rule contains certain reporting and recordkeeping 
requirements (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This proposed rule would allow baby corn and baby carrots to be 
imported into the United States from Zambia. If this proposed rule is 
adopted, State and

[[Page 1703]]

local laws and regulations regarding baby corn and baby carrots 
imported under this rule would be preempted while the vegetable is in 
foreign commerce. Fresh vegetables are generally imported for immediate 
distribution and sale to the consuming public and would remain in 
foreign commerce until sold to the ultimate consumer. The question of 
when foreign commerce ceases in other cases must be addressed on a 
case-by-case basis. If this proposed rule is adopted, no retroactive 
effect will be given to this rule, and this rule will not require 
administrative proceedings before parties may file suit in court 
challenging this rule.

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with 
allowing the importation of baby corn and baby carrots from Zambia into 
the United States, we have prepared an environmental assessment. The 
environmental assessment was prepared in accordance with: (1) The 
National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 
4321 et seq.), (2) regulations of the Council on Environmental Quality 
for implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) 
APHIS' NEPA Implementing Procedures (7 CFR part 372).
    The environmental assessment may be viewed on the Internet on the 
Regulations.gov Web site and is available for public inspection in our 
reading room. (Instructions for accessing Regulations.gov and 
information on the location and hours of the reading room is provided 
under the heading ADDRESSES at the beginning of this proposed rule). In 
addition, copies may be obtained by calling or writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 05-059-1. 
Please send a copy of your comments to: (1) Docket No. 05-059-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue, 
SW., Washington, DC 20250. A comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication of 
this proposed rule.
    This proposed rule would amend the fruits and vegetables 
regulations to allow the importation into the continental United States 
of immature (baby) sweet corn and fresh baby carrots from Zambia. As a 
condition of entry, both commodities would be subject to inspection at 
the port of first arrival.
    In addition, the proposed rule would require each shipment of baby 
corn to be accompanied by a phytosanitary certificate issued by the 
NPPO of Zambia stating that the shipment has been inspected and found 
free of Phomopsis jaczewskii. Each shipment of baby carrots would have 
to be accompanied by a phytosanitary certificate issued by the NPPO of 
Zambia stating that the shipment has been inspected and found free of 
Meloidogyne ethiopica. The baby carrots would also have to be free from 
leaves and soil.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.4156 hours per response.
    Respondents: Importers, producers, NPPOs.
    Estimated annual number of respondents: 7.
    Estimated annual number of responses per respondent: 22.
    Estimated annual number of responses: 154.
    Estimated total annual burden on respondents: 64 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 would continue 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. In Sec.  319.41-1, a new paragraph (d) would be added to read as 
follows:


Sec.  319.41-1  Plant products permitted entry.\1\
---------------------------------------------------------------------------

    \1\ Except as provided in Sec.  319.41-6 the regulations in this 
subpart do not authorize importations through the mails.
---------------------------------------------------------------------------

* * * * *
    (d) Immature, dehusked ``baby'' sweet corn may be imported from 
Zambia in accordance with Sec.  319.56-2f(a).
    3. A new Sec.  319.56-2f would be added to read as follows:


Sec.  319.56-2f  Conditions governing the entry of baby corn and baby 
carrots from Zambia.

    (a) Immature, dehusked ``baby'' sweet corn (Zea mays L.) measuring 
10 to 25

[[Page 1704]]

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 following conditions:
    (1) The production site, which is a field, where the corn has been 
grown must have been inspected at least once during the growing season 
and before harvest for the following pest: Phomopsis jaczewskii.
    (2) After harvest, the corn must be inspected by Zambia's national 
plant protection organization (NPPO) and found free of the pests listed 
in paragraph (a)(1) of this section before the corn may be shipped to 
the continental United States.
    (3) The corn must be inspected at the port of first arrival as 
provided in Sec.  319.56-6.
    (4) Each shipment must be accompanied by a phytosanitary 
certificate issued by the NPPO of Zambia that includes an additional 
declaration stating that the corn has been inspected and found free of 
Phomopsis jaczewskii based on field and packinghouse inspections.
    (5) The corn may be imported in commercial shipments only.
    (b) Immature ``baby'' carrots (Daucus carota L. ssp. sativus) for 
consumption measuring 10 to 18 millimeters (0.39 to 0.71 inches) in 
diameter and 50 to 105 millimeters (1.97 to 4.13 inches) in length may 
be imported into the continental United States from Zambia only under 
the following conditions:
    (1) The production site, which is a field, where the carrots have 
been grown must have been inspected at least once during the growing 
season and before harvest for the following pest: Meloidogyne 
ethiopica.
    (2) After harvest, the carrots must be inspected by the NPPO of 
Zambia and found free of the pests listed in paragraph (b)(1) of this 
section before the carrots may be shipped to the continental United 
States.
    (3) The carrots must be inspected at the port of first arrival as 
provided in Sec.  319.56-6.
    (4) Each shipment must be accompanied by a phytosanitary 
certificate issued by the NPPO of Zambia that includes an additional 
declaration stating that the carrots have been inspected and found free 
of Meloidogyne ethiopica based on field and packinghouse inspections.
    (5) The carrots must be free from leaves and soil.
    (6) The carrots may be imported in commercial shipments only.

    Done in Washington, DC, this 4th day of January 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-134 Filed 1-10-06; 8:45 am]
BILLING CODE 3410-34-P