[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Proposed Rules]
[Pages 30979-30984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10818]


 ========================================================================
 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. 72, No. 107 / Tuesday, June 5, 2007 / 
Proposed Rules  

[[Page 30979]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 319

[Docket No. APHIS-2007-0061]
RIN 0579-AC40


Importation of Blueberries From South Africa, Uruguay, and 
Argentina With Cold Treatment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to allow the importation into the continental 
United States of fresh blueberries from South Africa and Uruguay under 
certain conditions. As a condition of entry, the blueberries would have 
to undergo cold treatment and would have to be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of the exporting country. This action would allow for the 
importation of blueberries from South Africa and Uruguay into the 
continental United States while continuing to provide protection 
against the introduction of quarantine pests. In addition, we are 
proposing to allow the use of cold treatment for blueberries imported 
into the United States from Argentina. This action would provide an 
alternative to the methyl bromide treatment that is currently required 
for blueberries imported from Argentina.

DATES: We will consider all comments regarding this proposed rule that 
we receive on or before July 20, 2007 and all comments regarding the 
information collection requirements associated with this proposed rule 
that we receive on or before August 6, 2007.

ADDRESSES: You may submit comments by either of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click ``Submit.'' In the Docket ID column, select 
APHIS-2007-0061 to submit or view public comments and to view 
supporting and related materials available electronically. Information 
on using Regulations.gov, including instructions for accessing 
documents, submitting comments, and viewing the docket after the close 
of the comment period, is available through the site's ``User Tips'' 
link.
    Postal Mail/Commercial Delivery: Please send four copies of your 
comment (an original and three copies) to Docket No. APHIS-2007-0061, 
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. APHIS-2007-0061.
    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: Mr. Tony Rom[aacute]n, Import 
Specialist, Commodity Import Analysis and Operation Staff, 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 South Africa 
has requested that the Animal and Plant Health Inspection Service 
(APHIS) amend the regulations to allow fresh blueberries (Vaccinium 
spp.) to be imported from South Africa into the continental United 
States. In addition, the NPPO of Uruguay has requested that APHIS amend 
the regulations to allow fresh blueberries (the highbush blueberries 
Vaccinium corymbosum L. and the rabbit-eye blueberries Vaccinium 
virgatum Aiton) to be imported from Uruguay into the continental United 
States. As part of our evaluation of South Africa's and Uruguay's 
requests, we prepared pest risk assessments (PRA) for each country, as 
well as a risk management document that covers both countries. For 
these risk assessments, we assumed that any blueberries imported into 
the United States would undergo minimal post-harvest fruit processing, 
which includes the commercial processes of culling, packing, and 
forced-air cooling, but no washing or other treatment. Copies of the 
PRAs and risk management document 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 prepared in response to South Africa's request, titled 
``Qualitative Pathway-Initiated Risk Assessment of the Importation of 
Blueberry Fruits (Vaccinium species) from the Republic of South Africa 
into the United States'' (April 2007), evaluates the risks associated 
with the importation of fresh blueberries into the continental United 
States from South Africa. The PRA and supporting documents identified 
one pest of quarantine significance, the Mediterranean fruit fly or 
Medfly (Ceratitis capitata), present in South Africa that could be 
introduced into the United States via fresh blueberries. APHIS has 
determined that measures beyond standard port of entry inspection are 
required to mitigate the risks posed by this plant pest. Therefore, we 
propose to require that the blueberries be subjected to cold treatment 
in accordance with schedule T107-a, which is described in Sec.  305.16 
of the phytosanitary treatments regulations in 7 CFR part 305.

[[Page 30980]]



------------------------------------------------------------------------
                                                               Exposure
        Treatment schedule           Temperature ([deg]F)       period
                                                                (days)
------------------------------------------------------------------------
T107-a...........................  34 or below.............           14
                                   35 or below.............           16
                                   36 or below.............           18
------------------------------------------------------------------------

    This cold treatment schedule has been proven effective in treating 
the Medfly on imported fruit from South Africa.
    The PRA prepared in response to Uruguay's request, titled 
``Importation of fresh highbush and rabbit-eye blueberry (Vaccinium 
corymbosum L & V. Virgatum Aiton) fruit into the Continental United 
States from Uruguay'' (April 2007), evaluates the risks associated with 
the importation of fresh blueberries into the continental United States 
from Uruguay. The PRA and supporting documents identified two pests of 
quarantine significance, the Medfly and the South American fruit fly 
(Anastrepha fraterculus), that were selected for further analysis and 
determined to potentially present a risk of introduction into the 
United States via blueberries from Uruguay. APHIS has determined that 
measures beyond standard port of entry inspection are required to 
mitigate the risks posed by these plant pests. Therefore, we propose to 
require that the blueberries be subjected to cold treatment in 
accordance with schedule T107-a-1, which is described in Sec.  305.16 
of the phytosanitary treatments regulations in 7 CFR part 305.

------------------------------------------------------------------------
                                                               Exposure
        Treatment schedule           Temperature ([deg]F)       period
                                                                (days)
------------------------------------------------------------------------
T107-a-1.........................  34 or below.............           15
                                   35 or below.............           17
------------------------------------------------------------------------

    This cold treatment schedule has been proven effective in treating 
the Medfly, as well as several species of Anastrepha, including the 
South American fruit fly, on imported fruit from South America.
    In addition to requiring cold treatment, we would limit the 
importation of fresh blueberries from South Africa and Uruguay to 
commercial shipments only and require that each shipment of fruit from 
South Africa and Uruguay be accompanied by a phytosanitary certificate 
issued by the NPPO of the importing country. Produce grown commercially 
is less likely to be infested with plant pests than noncommercial 
shipments. Noncommercial shipments are more prone to infestations 
because the commodity is often ripe to overripe and is often grown with 
little or no pest control. Commercial shipments, as defined in Sec.  
319.56-1, are shipments of fruits and vegetables that an inspector 
identifies as having been produced for sale and distribution in mass 
markets. Identification of a particular shipment as commercial is based 
on a variety of indicators, including, but not limited to, the quantity 
of produce, the type of packaging, identification of a grower or 
packinghouse on the packaging, and documents consigning the shipment to 
a wholesaler or retailer.
    The proposed conditions described above for the importation of 
fresh blueberries from South Africa and Uruguay into the continental 
United States would be added to the fruits and vegetables regulations 
as a new Sec.  319.56-2vv. In addition, we would also amend the table 
in Sec.  305.2(h)(2)(i) of the phytosanitary treatments regulations to 
add entries for fresh blueberries from South Africa and Uruguay and to 
designate cold treatment schedule T107-a for South African blueberries 
and T107-a-1 for Uruguayan blueberries as approved treatments for the 
specific pests named in this document.

Argentina

    The regulations currently allow blueberries from Argentina to be 
imported into the United States only after fumigation with methyl 
bromide using treatment schedule T101-i-1-1. This is an approved 
treatment schedule for mitigating the risks associated with the Medfly, 
which was found to be present in part of Argentina. In addition to the 
Medfly, the South American fruit fly is also present in Argentina. 
Previously, we did not have specific information that blueberry is a 
host of the South American fruit fly, but research has since 
demonstrated that blueberry is a host of both the Medfly and the South 
American fruit fly. Because treatment schedule T101-i-1-1 has been 
proven effective in treating the South American fruit fly as well as 
the Medfly, the risks associated with South American fruit fly have 
already been addressed through that treatment schedule. To reflect the 
identification of the South American fruit fly as a pest of blueberries 
from Argentina, we would amend the entry for blueberries from Argentina 
in Sec.  319.56-2x to include the South American fruit fly with the 
Medfly as a pest of blueberry fruit that requires mitigation unless the 
fruit is grown in a fruit fly-free area.
    In May 2006, the NPPO of Argentina requested that APHIS allow the 
use of cold treatment as an alternative treatment to meet the United 
States entry requirements for blueberries from Argentina. After 
receiving this request, we reviewed the data supporting the request and 
determined that there is no statistical difference in the cold 
treatment susceptibility of the Medfly and the South American fruit fly 
when infesting various citrus cultivars. Based on that evaluation, we 
determined that cold treatment would also mitigate the pest risk 
associated with these fruit fly species in blueberries and would serve 
as an effective substitute for the methyl bromide treatment T101-i-1-1. 
Therefore, we are proposing to amend Sec.  305.2(h) to provide for the 
use of cold treatment on blueberries from Argentina. This would be a 
more environmentally favorable option to the currently required methyl 
bromide fumigation treatment.

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.

[[Page 30981]]

    We are proposing to allow the importation into the continental 
United States of fresh blueberries from South Africa and Uruguay under 
certain conditions. As a condition of entry, the blueberries would have 
to undergo cold treatment and would have to be accompanied by a 
phytosanitary certificate issued by the NPPO of the importing country. 
This action would allow for the importation of blueberries from South 
Africa and Uruguay into the continental United States while continuing 
to provide protection against the introduction of quarantine pests. In 
addition, we are proposing to allow the use of cold treatment for 
blueberries imported into the United States from Argentina. This action 
would provide an alternative to the currently approved methyl bromide 
treatment.
    The Regulatory Flexibility Act requires agencies to evaluate the 
potential effects of their proposed and final rules on small 
businesses, small organizations, and small governmental jurisdictions. 
Section 603 of the Act requires an agency to prepare and make available 
for public comment an initial regulatory flexibility analysis (IRFA) 
describing the expected impact of a proposed rule on small entities, 
unless the head of the agency certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. APHIS has prepared this IRFA in fulfillment of this 
requirement. We welcome public comment on expected small-entity effects 
of the proposed rule.
    The United States is the largest producer of blueberries, supplying 
more than half the world's production (55 percent). Canada follows with 
28 percent of world supplies and Poland comes third with 10 percent of 
the world's blueberry fruit production.
    Michigan, Maine, and New Jersey are the leading States in U.S. 
blueberry production. Combined, these three States produce more than 
half of all U.S. blueberries (table 1). Nine States account for 98 
percent of U.S. production. Fresh blueberries require harvesting by 
hand, whereas blueberries destined for processing can be machine-
harvested. The cost of farm labor is considerably higher in the United 
States than in many other countries.

   Table 1.--U.S. Production and Value of Blueberries for the Fresh Market in 2005 and Farm Acreage in 2002 by
                                                  Major States
----------------------------------------------------------------------------------------------------------------
                                                 2005                                     2002
             State              --------------------------------------------------------------------------------
                                   (metric tons)    (million dollars)   number of acres       number of farms
----------------------------------------------------------------------------------------------------------------
Michigan.......................  29,937.1.........  $83.5............  17,274...........  590
Maine..........................  26,988.7.........  39.0.............  293..............  116
New Jersey.....................  20,411.7.........  55.5.............  7,468............  240
Oregon.........................  15,648.9.........  33.3.............  3,887............  659
North Carolina.................  11,793.4.........  36.7.............  5,009............  267
Georgia........................  11,793.5.........  31.8.............  4,451............  408
Washington.....................  8,890.4..........  19.2.............  2,569............  289
California.....................  4,127.7..........  40.6.............  827..............  97
Florida........................  2,358.7..........  32.8.............  1,646............  343
Sum............................  131,950 (98%)....  372.3 (98%)......  43,424 (84%).....  3,009 (47%)
Rest of United States..........  3,070.9..........  9.1..............  8,578............  3,419
United States total............  135,021.0........  381.4............  52,002...........  6,428
----------------------------------------------------------------------------------------------------------------
Sources: USDA/NASS New England, Oregon, and Washington field offices; North American Blueberry Council; Table
  33--Berries Harvested for Sale, 2002 U.S. Census of Agriculture by State, pp. 496-497, USDA/NASS; and Table D-
  2. Blueberries: Commercial Acreage, Production, and Value, Fruit and Tree Nuts Situation and Outlook Yearbook,
  October 2006, USDA/ERS.

    In 2005, the United States produced 135,021 metric tons of highbush 
blueberries destined for the fresh market, valued at $381 million. In 
the United States, highbush blueberries are harvested from April to 
early October with the majority of the blueberries picked from mid-June 
to mid-August.
    Between 1995 and 2005, total U.S. blueberry consumption increased 
by 47 percent, from 13 ounces to 20 ounces per person. Most of the 
increase has been in the fresh market with a doubling in fresh 
consumption, from 4.3 ounces per person in 1995 to 8.7 ounces in 2005.
    Table 2 shows U.S. imports and exports of fresh blueberries for the 
past 3 years. The United States is a net importer, and our major 
foreign supplier of fresh blueberries (by value) is Canada. Annual U.S. 
imports of fresh blueberries averaged 29,469 metric tons between 2004 
and 2006.

                       Table 2.--U.S. Imports and Exports of Fresh Blueberries, 2004-2006
----------------------------------------------------------------------------------------------------------------
                              Year                                 U.S. imports    U.S. exports     Net imports
----------------------------------------------------------------------------------------------------------------
                                                (million dollars)
----------------------------------------------------------------------------------------------------------------
2004............................................................          $91.03          $29.40          $61.63
2005............................................................          109.82           45.60           64.22
2006............................................................          155.14           55.70           99.44
----------------------------------------------------------------------------------------------------------------
                                                  (metric tons)
----------------------------------------------------------------------------------------------------------------
2004............................................................       28,887.30       15,183.80       13,693.50
2005............................................................       26,335.70       22,588.90        3,746.80
2006............................................................       32,601.50       22,952.30       9,649.20
----------------------------------------------------------------------------------------------------------------
Source: U.S. Dept. of Commerce, Bureau of Census, as reported by Global Trade Information Services.
Note: Based on the Harmonized Schedules 0810400028 and 0810400024.


[[Page 30982]]

    Argentina has supplied about 3 percent of the U.S. imports of fresh 
blueberries, or 880 metric tons, over the last 3 years. In 2006, 
Argentina reported 4,000 acres of land devoted to blueberry production, 
a 35 percent increase since 2003.
    The Uruguayan Government Statistics office indicates that Uruguay 
started producing blueberries in 2003, with 65 metric tons harvested 
that year. In the following 3 years, Uruguay produced 80, 120, and 200 
metric tons, respectively. For 2007 through 2009, crop volumes of 
around 500, 1,200, and 2,000 metric tons are forecast.
    The Government of Uruguay has indicated its intention to export 
between 200 and 1,200 metric tons of fresh blueberries annually for the 
next 3 years starting in 2007, with 200 metric tons shipped annually to 
the continental United States (an amount that exceeds Uruguay's total 
exports of fresh blueberries in recent years).\1\ Even if this export 
target were met, imports from Uruguay would represent less than 1 
percent of U.S. imports of fresh blueberries in 2006.
---------------------------------------------------------------------------

    \1\ Uruguay started exporting fresh blueberries in 2003, with an 
amount of 250 kilograms or 0.4 metric ton. The following 3 years, 
2004-2006, Uruguay exported 3.8, 18.7 and 94.2 metric tons, 
respectively. Source: Uruguayan Government, Ines Ares (personal 
communication).
---------------------------------------------------------------------------

    Uruguay's main export season for fresh blueberries is between 
November and April. During this season, the supply of fresh blueberries 
by U.S. producers is limited. Fresh blueberries are generally harvested 
in the United States by early May through the beginning of September. 
U.S. domestic shipments of fresh blueberries reach their highest volume 
between late June and mid-August.
    APHIS does not have data on South African production of blueberry 
fruits (Vaccinium spp.). Foreign Agricultural Service statistics 
indicate that South Africa exported an annual average of 75 metric tons 
of Vaccinium spp. between 2000 and 2004. Specifically, in 2000 the 
Republic of South Africa exported 3 metric tons, then in the following 
4 years, 90, 83, 86, and 109 metric tons, respectively. In sum, the 
quantities of fresh blueberry expected to be imported into the United 
States from Uruguay and the Republic of South Africa are small, 
representing less than 1 percent of U.S. imports and less than one-
tenth of 1 percent of the United States' domestic supply (production 
plus imports minus exports). Moreover, blueberry production in these 
two countries takes place during our winter months; their blueberry 
shipments to the United States would largely compete with blueberry 
imports from other countries. We do not expect the changes we are 
proposing would have a significant economic impact on U.S. entities. 
U.S. entities that could be affected by the proposed changes are 
domestic producers of fresh blueberries and wholesalers that import 
fresh blueberries. Businesses producing fresh blueberries 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 blueberry fruits from 
Uruguay and the Republic of South Africa are defined as small entities 
if they have 100 or fewer employees (NAICS code 424480, Fresh Fruit and 
Vegetable Merchant Wholesalers).\2\
---------------------------------------------------------------------------

    \2\ 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.
---------------------------------------------------------------------------

    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 the proposed rule would be 
small.
    We do not know the exact number of U.S. producers of fresh 
blueberries. According to the 2002 Census of Agriculture for the States 
where blueberries are produced, there were at least 6,428 farms growing 
blueberries in 52,000 acres of land (table 1). The majority of these 
farms (84 percent) are located in nine States. We do not know the 
percentage of blueberry farms that produce blueberries for the fresh 
market. Also, we do not know their size, but in general, such entities 
are predominantly small. The United States Census does not report sales 
receipts by farm or any other unit. The average farm size in these nine 
States is 15 acres, whereas the average farm size in the remainder of 
States that grow blueberries is 2.5 acres. We welcome information that 
the fresh blueberry industry or general public may provide on the 
number and size of entities that could be affected by the proposed 
rule.

Executive Order 12988

    This proposed rule would allow blueberries to be imported into the 
continental United States from South Africa and Uruguay and would 
provide an alternative treatment for blueberries from Argentina. If 
this proposed rule is adopted, State and local laws and regulations 
regarding blueberries imported under this rule would be preempted while 
the fruit is in foreign commerce. Fresh fruits 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.

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. APHIS-
2007-0061. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0061, 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.
    APHIS is proposing to allow the importation into the continental 
United States of fresh blueberries from South Africa and Uruguay under 
certain conditions. As a condition of entry, the blueberries would have 
to undergo cold treatment and would have to be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of the exporting country. This action would allow for the 
importation of blueberries from South Africa and Uruguay into the 
continental United States while continuing to provide protection 
against the introduction of quarantine pests.
    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;

[[Page 30983]]

    (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 0.5 hours per response.
    Respondents: NPPOs, importers of blueberries.
    Estimated annual number of respondents: 30.
    Estimated annual number of responses per respondent: 276.
    Estimated annual number of responses: 8,280.
    Estimated total annual burden on respondents: 4,140 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.

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 proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects

7 CFR Part 305

    Irradiation, Phytosanitary treatment, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements.

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 parts 305 and 319 as 
follows:

PART 305--PHYTOSANITARY TREATMENTS

    1. The authority citation for part 305 would continue to read as 
follows:

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

    2. In Sec.  305.2, the table in paragraph (h)(2)(i) would be 
amended as follows:
    a. Under Argentina, by revising the entry for ``Blueberry'' to read 
as set forth below.
    b. Under South Africa, by removing the entry for ``Apple, grape, 
pear'' and adding a new entry for ``Apple, blueberry, grape, pear'' in 
its place to read as set forth below.
    c. In the entry for Uruguay, by adding an entry for ``Blueberry'' 
to read as set forth below.


Sec.  305.2  Approved treatments.

* * * * *
    (h) * * *
    (2) * * *
    (i) * * *

----------------------------------------------------------------------------------------------------------------
               Location                       Commodity                   Pest              Treatment schedule
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Argentina
 
                                                  * * * * * * *
                                       Blueberry..............  Anastrepha fraterculus,  CT T107-a-1 or MB T101-
                                                                 Ceratitis capitata.      i-1-1.
 
                                                  * * * * * * *
South Africa.........................  Apple, blueberry,        Ceratitis capitata.....  CT T107-a.
                                        grape, pear.
 
                                                  * * * * * * *
Uruguay
 
                                                  * * * * * * *
                                       Blueberry..............  Anastrepha fraterculus,  CT T107-a-1.
                                                                 Ceratitis capitata.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. 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.

    4. In Sec.  319.56-2x, the table in paragraph (a) would be amended 
by revising, under Argentina, the entry for ``Blueberry'' to read as 
follows:


Sec.  319.56-2x  Administrative instructions; conditions governing the 
entry of certain fruits and vegetables for which treatment is required.

    (a) * * *

[[Page 30984]]



----------------------------------------------------------------------------------------------------------------
           Country locality                  Common name             Botanical name           Plant part(s)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Argentina
 
                                                  * * * * * * *
                                       Blueberry..............  Vaccinium spp..........  Fruit. (Treatment for
                                                                                          South American fruit
                                                                                          fly and Medfly not
                                                                                          required if fruit is
                                                                                          grown in a fruit fly-
                                                                                          free area (see Sec.
                                                                                          319.56-2(j)).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    5. A new Sec.  319.56-2vv would be added to read as follows:


Sec.  319.56-2vv  Administrative instructions: conditions governing the 
importation of blueberries from South Africa and Uruguay.

    Blueberries from South Africa (Vaccinium spp.) and Uruguay 
(Vaccinium corymbosum L. and Vaccinium virgatum Aiton) may be imported 
into the continental United States only under the following conditions:
    (a) Blueberries from South Africa must be cold treated for 
Ceratitis capitata in accordance with part 305 of this chapter. 
Blueberries from Uruguay must be cold treated for Ceratitis capitata 
and Anastrepha fraterculus in accordance with part 305 of this chapter.
    (b) Each shipment of blueberries must be accompanied by a 
phytosanitary certificate of inspection issued by the national plant 
protection organization of the importing country.
    (c) The blueberries may be imported in commercial shipments only.

    Done in Washington, DC, this 31st day of May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-10818 Filed 6-4-07; 8:45 am]
BILLING CODE 3410-34-P