[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29766-29769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4813]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 05-059-2]


Importation of Baby Corn and Baby Carrots From Zambia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 will be subject to inspection at 
the port of first arrival and will 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 will 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: Effective Date: May 24, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist, 
Commodity Import Analysis and Operations, Plant Health Programs, PPQ, 
APHIS, 4700 River Road Unit 133,

[[Page 29767]]

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.
    On January 11, 2006, we published in the Federal Register (71 FR 
1700-1704, Docket No. 05-059-1) a proposal \1\ to amend the fruit and 
vegetable regulations to allow the importation of baby corn and baby 
carrots from Zambia into the continental United States under certain 
conditions. As a condition of entry, we proposed that 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.
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    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0111, then click on ``Submit.'' Clicking on the Docket ID link 
in the search results page will produce a list of all documents in 
the docket.
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    We solicited comments concerning our proposal for 60 days ending 
March 13, 2006. We received two comments by that date. One comment was 
from a private citizen who supported the proposed rule, but asked 
whether the national plant protection organization (NPPO) of Zambia has 
agreed to provide the certification that would be required in the rule. 
The mitigation measures for both baby carrots and baby corn were 
discussed with the NPPO of Zambia and agreed to in writing prior to the 
publication of the proposed rule.
    The second comment, from an official with a State department of 
agriculture, expressed concern that the root knot nematode Meloidogyne 
ethiopica could enter the United States on baby carrots and suggested 
that an annual laboratory analysis of soil and root samples be required 
along with the required field inspections.
    The NPPO of Zambia has agreed that shipments of baby carrots would 
be accompanied by a phytosanitary certificate with an additional 
declaration stating that the carrots in the shipment have been 
inspected and found free from M. ethiopica. Under the International 
Plant Protection Convention (IPPC), an additional declaration (AD) is a 
statement which is required by an importing country (in this case, the 
United States) to be entered on a phytosanitary certificate and which 
provides specific additional information pertinent to the phytosanitary 
condition of a consignment. Zambia follows the IPPC standards for 
phytosanitary certification. The NPPO of Zambia will, therefore, be 
performing the tests that are necessary to issue the phytosanitary 
certificate with the requisite AD. These necessary tests include the 
annual soil and root sampling tests suggested by the commenter.
    Further, the pest risk assessment states ``The risk assessment 
assumed that M. ethiopica was present with carrots in Zambia, based on 
evidence that the nematode was described from neighboring Zimbabwe and 
that the nematode can infect carrots.'' It is unknown whether M. 
ethiopica is present in Zambia, however, we have evaluated the risk of 
introducing M. ethiopica into the United States through the importation 
of baby carrots from Zambia. The requirement of the additional 
declaration is a preemptive, preventative measure being taken in case 
this nematode ever does become established in Zambia.
    Meloidogyne species typically cause roots to be malformed with 
numerous gall or knots, which would cause infected carrots to be culled 
due to post-harvest processing. In addition, the harvesting and post-
harvesting processing of baby carrots in Zambia is all done by hand. 
The post-harvest processing procedures involve five points of handling 
and inspection, including an initial wash, hand trimming or slicing, 
commodity grading, another wash, and finally hand packaging. The 
packinghouse personnel are trained to recognize and reject malformed 
carrots for export to the United States. These phytosanitary measures 
are taken to ensure that M. ethiopica does not enter into the United 
States through the importation of baby carrots from Zambia.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    Immediate implementation of this rule is necessary to provide 
relief to those persons who are adversely affected by restrictions we 
no longer find warranted. Therefore, the Administrator of the Animal 
and Plant Health Inspection Service has determined that this rule 
should be effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This 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.
    We are amending 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 will be subject to inspection at 
the port of first arrival and will 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 will 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.
    The Regulatory Flexibility Act (RFA) requires that agencies 
consider the economic impact of their rules on small businesses, 
organizations, and governmental jurisdictions. In accordance with 
section 604 of the RFA, we have prepared a final regulatory flexibility 
analysis describing the expected impact of the changes in this rule on 
small entities. During the comment period for our proposed rule, we did 
not receive any comments pertaining to the initial regulatory 
flexibility analysis presented in that document.
    U.S. entities that could be affected by this 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

[[Page 29768]]

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.
    We believe that most if not all of the businesses affected by this 
rule will 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.
    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 a 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.
    During the comment period for our proposed rule, we did not receive 
any information on the number of small entities that may be affected. 
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 this rule on U.S. small entities. An increase in 
supply can be expected to exert downward pressure on prices and thus 
benefit U.S. consumers. U.S. importers of these commodities are also 
expected to benefit.
    As discussed in the proposed rule's initial regulatory flexibility 
analysis, an alternative to this rule would be to require that a 
different set of phytosanitary measures be satisfied. However, we have 
concluded that the import conditions prescribed in this rule are 
appropriate and necessary to address the risks associated with the 
importation of baby corn and baby carrots from Zambia, and that import 
requirements less or more stringent than those in this rule would 
either not provide an appropriate level of phytosanitary protection or 
impose unduly burdensome measures.
    This rule contains information collection or recordkeeping 
requirements (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This final rule allows baby corn and baby carrots to be imported 
into the continental United States from Zambia. State and local laws 
and regulations regarding baby corn and baby carrots imported under 
this rule will be preempted while the fruit is in foreign commerce. 
Fresh baby corn and baby carrots are generally imported for immediate 
distribution and sale to the consuming public, and remain in foreign 
commerce until sold to the ultimate consumer. The question of when 
foreign commerce ceases in other cases must be addressed on a case-by-
case basis. No retroactive effect will be given to this rule, and this 
rule will not require administrative proceedings before parties may 
file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment was prepared for, and made available 
for public comment through, the proposed rule for this rulemaking. No 
comments regarding the environmental assessment were received during 
the comment period for the proposed rule. The environmental assessment 
provides a basis for the conclusion that the importation of baby corn 
and baby carrots under the conditions specified in this rule will not 
have a significant impact on the quality of the human environment. 
Based on the finding of no significant impact, the Administrator of the 
Animal and Plant Health Inspection Service has determined that an 
environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were 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 and finding of no significant impact 
may be viewed on the Regulations.gov Web site.\2\ Copies of the 
environmental assessment and finding of no significant impact are also 
available for public inspection at USDA, room 1141, South Building, 
14th Street and Independence Avenue, SW., Washington, DC, between 8 
a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons 
wishing to inspect copies are requested to call ahead on (202) 690-2817 
to facilitate entry into the reading room. In addition, copies may be 
obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.
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    \2\ Go to http://www.regulations.gov, click on the ``Advanced 
Search'' tab and select ``Docket Search.'' In the Docket ID field, 
enter APHIS-2005-0111, click on ``Submit,'' then click on the Docket 
ID link in the search results page. The environmental assessment and 
finding of no significant impact will appear in the resulting list 
of documents.
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Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et. seq.), the information collection or recordkeeping 
requirements included in this rule have been approved by the Office of 
Management and Budget

[[Page 29769]]

(OMB) under OMB control number 0579-0284.

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 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.


0
Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. In Sec.  319.41-1, a new paragraph (d) is added to read as follows:


Sec.  319.41-1  Plant products permitted entry.\1\
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    \1\ Except as provided in Sec.  319.41-6 the regulations in this 
subpart do not authorize importations through the mails.
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* * * * *
    (d) Immature, dehusked ``baby'' sweet corn may be imported from 
Zambia in accordance with Sec.  319.56-2f(a).

0
3. A new Sec.  319.56-2f is 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 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.

(Approved by the Office of Management and Budget under control 
number 0579-0284)

    Done in Washington, DC, this 19th day of May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4813 Filed 5-23-06; 8:45 am]
BILLING CODE 3410-34-P