[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Proposed Rules]
[Pages 29846-29847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7923]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / 
Proposed Rules  

[[Page 29846]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 00-014-2]


Phytosanitary Certificates for Fruits and Vegetables Imported in 
Passenger Baggage; Availability of a Risk Assessment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; availability of risk assessment and request for 
comments.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has prepared a risk assessment relative to a 
previously published proposal to require imported fruits and vegetables 
to be accompanied by a phytosanitary certificate. The risk assessment 
considers the plant pest risks associated with fruits and vegetables 
imported in passenger baggage and the probable impact of phytosanitary 
certification requirements. We are considering adopting only the 
proposed requirements that pertain to fruits and vegetables imported in 
air passenger baggage. We are making the risk assessment available to 
the public for review and comment.

DATES: We will consider all comments that we receive on or before July 
24, 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-2006-0092 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. 00-014-2, 
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. 00-014-2.
    Reading Room: You may read any comments that we receive on the risk 
assessment 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: Mr. Robert L. Griffin, Director, Plant 
Epidemiology and Risk Analysis Laboratory, Center for Plant Health 
Science and Technology, PPQ, APHIS, 1017 Main Campus Drive Suite 1550, 
Raleigh, NC 27606-5202; (919) 513-1590.

SUPPLEMENTARY INFORMATION:

Background

    The Plant Protection Act (7 U.S.C. 7701-7772 and 7781-7786) 
authorizes the Secretary of Agriculture to prohibit or restrict the 
importation and entry into the United States of any plants and plant 
products, including fruits and vegetables, to prevent the introduction 
of plant pests or noxious weeds into the United States. Under this 
authority, the Animal and Plant Health Inspection Service (APHIS) of 
the United States Department of Agriculture (USDA) administers 
regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56 through 
319.56-8) that 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.
    The regulations require some fruits and vegetables to be 
accompanied by a phytosanitary certificate (PC) to ensure freedom from 
certain plant pests. PCs are in wide use in international trade. APHIS 
issues hundreds of thousands of PCs each year to facilitate the export 
of U.S. agricultural products to countries that require certificates to 
accompany such products.
    On August 4, 1995, we published an advance notice of proposed 
rulemaking in the Federal Register (60 FR 39888-39889, Docket No. 95-
046-1). The 1995 advance notice of proposed rulemaking sought comments 
on whether all fruits and vegetables imported into the United States 
should be accompanied by a PC. This included commercial shipments of 
fruits and vegetables as well as produce brought into the United States 
by individuals for personal use.
    On August 29, 2001, we published in the Federal Register (66 FR 
45637-45648, Docket No. 00-014-1) a proposal to amend the regulations 
to require that a PC accompany all fruits and vegetables imported into 
the United States, with certain exceptions. We proposed to require a PC 
for commercial shipments of produce imported into the United States, as 
well as for fruits and vegetables brought in by most travelers. We 
proposed to exempt fruits and vegetables that are dried, cured, frozen, 
or processed, as well as fruits and vegetables that individuals bring 
into the United States for personal use through land border ports 
located along the Canadian and Mexican borders.
    We solicited comments concerning our proposal for 60 days ending 
October 29, 2001. We received a total of 47 comments by that date from 
domestic growers, importers, and other shippers of fruits and 
vegetables; farm bureaus, marketing associations, and trade 
associations; State departments of agriculture; foreign governments; 
and others. A majority of the comments received generally opposed the 
proposed rule. A smaller number of comments supported the concept of 
requiring PCs, but took exception with certain provisions in the 
proposal.
    Several commenters who opposed the proposed rule stated that they 
did not believe that the risk-reduction benefits of requiring PCs were 
justified by the potential costs to commercial fruit and vegetable 
producers, importers, and others of complying with the requirements. 
Commenters also claimed that requiring phytosanitary certificates

[[Page 29847]]

without a risk analysis that considers that broad use would be 
inconsistent with international trade agreements. In response to these 
comments, at this time, we are considering adopting only the proposed 
requirements that pertain to fruits and vegetables imported in air 
passenger baggage and have prepared a risk assessment that provides the 
basis for that approach.
    The risk assessment that we prepared pertains to the plant pest 
risk posed by fruits and vegetables imported in air passenger baggage. 
We are making the risk assessment, titled ``Qualitative Assessment of 
Plant Pest Risk Associated with Fruits and Vegetables in Passenger 
Baggage and the Probable Impact of Phytosanitary Certification 
Requirements,'' available to the public for review and comment. We will 
consider all comments that we receive on or before the date listed 
under the heading DATES at the beginning of this notice.
    After reviewing the comments, if it still appears to be an 
appropriate course of action, we anticipate issuing a final rule to PCs 
for fruits and vegetables imported for personal use by air passengers. 
We may at some future time, reconsider some of the other provisions 
discussed in the original proposed rule, such as requiring PCs for 
certain commercial shipments.
    The risk assessment may be viewed on the Internet on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov). You may also request paper copies of the 
risk assessment by calling or writing to the person listed under FOR 
FURTHER INFORMATION CONTACT. Please refer to the title of the risk 
assessment when requesting copies. The risk assessment is also 
available for review in our reading room (information on the location 
and hours of the reading room is provided under the heading ADDRESSES 
at the beginning of this notice).

    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.

    Done in Washington, DC, this 18th day of May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-7923 Filed 5-23-06; 8:45 am]
BILLING CODE 3410-34-P