[Federal Register Volume 71, Number 205 (Tuesday, October 24, 2006)]
[Rules and Regulations]
[Pages 62197-62198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17774]



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  Federal Register / Vol. 71, No. 205 / Tuesday, October 24, 2006 / 
Rules and Regulations  

[[Page 62197]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2006-0073]
RIN 0579-AC17


Importation of Shelled Garden Peas From Kenya

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 of shelled garden peas from Kenya into the continental 
United States. In order to be eligible for importation, the peas will 
have to be shelled, washed, and inspected and accompanied by a 
phytosanitary certificate issued by the Kenya Plant Health Inspectorate 
Service. This action will allow for the importation of shelled peas 
from Kenya into the continental United States while continuing to 
protect against the introduction of quarantine pests.

DATES: Effective Date: November 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, 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 July 6, 2006, we published in the Federal Register (71 FR 38302-
38304, Docket No. APHIS-2006-0073) a proposal \1\ to amend the 
regulations to allow the importation of shelled garden peas from Kenya 
into the continental United States. We proposed that in order to be 
eligible for importation, the peas would have to be shelled, washed, 
and inspected and accompanied by a phytosanitary certificate issued by 
the Kenya Plant Health Inspectorate Service (KEPHIS). We proposed these 
changes to allow for the importation of shelled peas from Kenya into 
the continental United States while continuing to protect against the 
introduction of quarantine pests.
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    \1\ To view the proposed rule, go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2006-0073, then click 
``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 
September 5, 2006. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule, without change.

    Note: In our July 2006 proposed rule, we proposed to add the 
conditions governing the importation of shelled garden peas from 
Kenya as Sec.  319.56-2ss. In this final rule, those conditions are 
added as Sec.  319.56-2bb.

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 of shelled garden peas from Kenya into the continental 
United States. In order to be eligible for importation, the peas will 
have to be shelled, washed, and inspected and accompanied by a 
phytosanitary certificate issued by KEPHIS. This action allows for the 
importation of shelled peas from Kenya into the continental United 
States while continuing to protect against the introduction of 
quarantine pests.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this rule on small entities.
    In our proposed rule, we asked the public to provide any comments 
on the potential economic effects of allowing the importation into the 
continental United States of garden peas from Kenya, and on how the 
proposed rule could be modified to reduce expected costs or burdens for 
small entities consistent with its objectives. In addition, we invited 
the public to comment on the potential effects of the proposed rule on 
small entities, in particular the number and kind of small entities 
that may incur benefits or costs from the implementation of the 
proposed rule. However, we did not receive any additional information 
or data in response to those requests.
    The United States is the third largest producer of garden peas 
after India and China. However, less than 1 percent of U.S. production 
goes into the fresh market, the reason being that fresh garden peas 
require harvesting by hand, whereas peas destined for processing can be 
machine-harvested. The cost of farm labor is considerably higher in the 
United States than in many other countries.
    According to industry sources, fresh garden peas grown in the 
United States are mainly produced in California (more than 85 percent), 
with the rest grown mainly in Florida. Published data on domestic 
production of fresh garden peas exist only for two counties in 
California, San Luis Obispo County and Santa Barbara County.\2\ Based 
on the 2000-2004 data for these two counties, California snow pea 
production declined over that 5-year period, while green pea production 
has expanded. The value of pea production in those two counties in 2004 
was $29 million.
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    \2\ Annual County Agricultural Commissioner Report Data 
(Sacramento: California Department of Food and Agriculture, 2000-
2004).
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    The United States is a net importer of fresh/chilled peas, and our 
major foreign supplier of fresh garden peas in 2005 was Guatemala, with 
a 45 percent share (by value) of U.S. imports, followed by Peru (29 
percent) and Mexico (24 percent). Nearly all U.S. fresh pea exports go 
to Canada.
    Our reported domestic supply of fresh garden peas (California 
production plus

[[Page 62198]]

net U.S. imports) in 2004 totaled about 39,700 metric tons, valued at 
$42.7 million. These totals exclude U.S. production that may have taken 
place outside of San Luis Obispo and Santa Barbara Counties.
    If we include the 15 percent of unreported U.S. production of fresh 
garden peas thought to occur outside of the two California counties, 
then the 2004 domestic supply would total about 42,800 metric tons, 
with roughly 65 percent imported and 35 percent supplied by U.S. 
producers.
    U.S. entities that could be affected by this final rule are 
domestic producers of fresh garden peas and wholesalers who import 
fresh garden peas. Businesses producing green peas and snow peas 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 fresh, shelled garden peas 
from Kenya are defined as small entities if they have 100 or fewer 
employees (NAICS code 424480, Fresh Fruit and Vegetable Merchant 
Wholesalers).\3\
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    \3\ 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.
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    In general, firms engaged in production or importation of 
agricultural commodities are predominantly small. We believe that most 
if not all of the businesses affected by this final rule would be 
small.
    We do not know the number of U.S. producers of fresh garden peas. 
According to the 2002 Census of Agriculture for California Counties, 
there were 327 vegetable farms in San Luis Obispo and Santa Barbara 
Counties, the two counties for which there are published fresh garden 
pea production data. We do not know how many of these vegetable farms 
produce fresh garden peas. Also, we do not know their size, but in 
general, such entities are predominantly small. As noted above, we 
asked for this type of information in our proposed rule and did not 
receive any comments.
    This rule contains various recordkeeping requirements, which were 
described in our proposed rule, and which have been approved by the 
Office of Management and Budget (see ``Paperwork Reduction Act'' 
below).

Executive Order 12988

    This final rule allows shelled garden peas to be imported into the 
United States from Kenya. State and local laws and regulations 
regarding shelled garden peas imported under this rule will be 
preempted while the peas are in foreign commerce. Fresh fruits and 
vegetables 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.

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 (OMB) under OMB control number 0579-0302.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
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. A new Sec.  319.56-2bb is added to read as follows:


Sec.  319.56-2bb  Conditions governing the entry of shelled garden peas 
from Kenya.

    Garden peas (Pisum sativum) may be imported into the continental 
United States from Kenya only under the following conditions:
    (a) The peas must be shelled from the pod.
    (b) The peas must be washed in disinfectant water at 3 to 5 [deg]C 
containing 50 ppm chlorine.
    (c) Each shipment of peas must be accompanied by a phytosanitary 
certificate of inspection issued by the national plant protection 
organization of Kenya bearing the following additional declaration: 
``These peas have been shelled and washed in accordance with 7 CFR 
319.56-2bb and have been inspected and found free of pests.''

(Approved by the Office of Management and Budget under control 
number 0579-0302)

    Done in Washington, DC, this 18th day of October 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-17774 Filed 10-23-06; 8:45 am]
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