[Federal Register Volume 72, Number 179 (Monday, September 17, 2007)]
[Rules and Regulations]
[Pages 52776-52779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18276]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 305
[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: Final rule.
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SUMMARY: We are allowing 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 will have to
undergo cold treatment and will have to be accompanied by a
phytosanitary certificate issued by the national plant protection
organization of the exporting country. This action will 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
allowing the use of cold treatment for blueberries imported into the
United States from Argentina. This action provides an alternative to
the methyl bromide treatment that is currently required for blueberries
imported from Argentina.
EFFECTIVE DATE: September 17, 2007.
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 319.56-47, 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 June 5, 2007, we published in the Federal Register (72 FR 30979-
30984, Docket No. APHIS 2007-0061) a proposal \1\ to amend the
regulations 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, we proposed that 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 (NPPO) of the exporting country. In addition, we proposed
to allow the use of cold treatment for blueberries imported into the
United States from Argentina.
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\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0061.
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We solicited comments concerning our proposal for 45 days ending
July 20, 2007. We received six comments by that date. They were from
blueberry distributors, a commercial fumigation company, and a
blueberry industry group. Four of the commenters supported the proposed
rule. One commenter did not address the proposed rule.
One commenter objected to the proposed rule. The commenter
expressed concern that we did not consult with domestic blueberry
producers prior to issuing the proposal and that the studies conducted
in support of the rule were conducted hastily. Because the proposed
rule and its supporting risk analysis were focused on identifying and
managing the risks associated with importing blueberries from Uruguay
and South Africa, we did not find it necessary to consult with the
domestic blueberry industry during the preparation of those documents.
The risk assessment and risk management documents were drafted using
the same approach and in the same timeframe as the other risk analyses
the Animal and Plant Health Inspection Service (APHIS) prepares or
reviews. In addition, we offered the public, including domestic
blueberry producers, the opportunity to comment on the proposed rule
following its publication in the Federal Register.
The commenter further stated that information in the proposed rule
regarding domestic production is out of date and incorrect, and
suggested that we refer to information released by the North American
Blueberry Council (NABC). The data we used in the proposed rule's
economic analysis was taken from the National Agricultural Statistics
Service (NASS) and the Economic Research Service (ERS), with the ERS
report cited being the most current data available (May 2007). The data
we received incorporates information from a variety of sources,
including the NABC.
Finally, the commenter expressed concern regarding the lack of
market access for U.S.-grown blueberries into Uruguay and South Korea.
This is not germane to the proposal.
Note: In a final rule published in the Federal Register on July
18, 2007 (72 FR 39482-39528, Docket No. APHIS-2005-0106), we revised
the fruits and vegetables regulations to establish a performance-
based process for approving the importation of commodities that,
based on the findings of a pest risk analysis, can be safely
imported subject to one or more of the designated phytosanitary
measures listed in Sec. 319.56-4(b) of the regulations. Under those
revised regulations, commodities that are authorized for importation
subject only to one or more designated measures will be listed in
the fruits and vegetables manual \2\ rather than being listed in the
regulations. The requirements that will apply to the importation of
blueberries from Uruguay and South Africa--i.e., that they be cold
treated for specific pests, accompanied by a phytosanitary
certificate, and imported in commercial consignments only--are all
designated phytosanitary measures listed in Sec. 319.56-4(b).
Therefore, we are not adding the provisions regarding the entry of
blueberries from Uruguay and South Africa to the fruits and
vegetables regulations in part 319 in this final rule; rather, those
conditions will be listed in the fruits and vegetables manual. For
those same reasons, the provisions regarding the importation of
blueberries from Argentina were removed from the regulations in the
July 2007 final
[[Page 52777]]
rule and placed in the fruits and vegetables manual.
\2\ The fruits and vegetables manual is available on the
Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf.
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Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
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 allowing 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 will have to
undergo cold treatment and will have to be accompanied by a
phytosanitary certificate issued by the NPPO of the exporting country.
This action allows 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 allowing the use of cold treatment for blueberries
imported into the United States from Argentina. This action will
provide an alternative to the currently approved methyl bromide
treatment.
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
received one comment pertaining to the initial regulatory flexibility
analysis presented in that document. The commenter stated that
information in the proposed rule regarding domestic blueberry
production is out of date and incorrect and suggested that we refer to
information released by NABC. The data we used in the proposed rule's
economic analysis was from NASS and ERS, with the ERS report cited
being the most current data available (May 2007). The data we received
from NASS incorporates information from a variety of sources, including
NABC.
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
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State 2005 2002
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(million
(metric tons) dollars) Number of acres Number of farms
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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
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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,
May 2007, 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.
[[Page 52778]]
Table 2.--U.S. Imports and Exports of Fresh Blueberries, 2004-2006
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Year U.S. imports U.S. exports Net imports
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(million dollars)
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2004................................................... $91.03 $29.40 $61.63
2005................................................... 109.82 45.60 64.22
2006................................................... 155.14 55.70 99.44
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(metric tons)
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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
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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.
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).\3\ Even if this export
target were met, imports from Uruguay will represent less than 1
percent of U.S. imports of fresh blueberries in 2006.
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\3\ 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).
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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
making to have a significant economic impact on U.S. entities. U.S.
entities that could be affected by the 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 small-entity definition for these
producers is annual receipts of not more than $750,000. Firms that will
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).\4\
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\4\ 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 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. However, as stated above, we
do not expect this rulemaking to have a significant economic impact on
U.S. entities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
We are allowing fresh blueberries to be imported into the United
States from South Africa and Uruguay. State and local laws and
regulations regarding imported fresh blueberries will be preempted
while the fruit is in foreign commerce. Fresh fruits 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
[[Page 52779]]
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 0579-0321.
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 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
0
Accordingly, we are amending 7 CFR part 305 as follows:
PART 305--PHYTOSANITARY TREATMENTS
0
1. The authority citation for part 305 continues 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.
0
2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended as
follows:
0
a. Under Argentina, by revising the entry for ``Blueberry'' to read as
set forth below.
0
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.
0
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) * * *
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Location Commodity Pest Treatment schedule
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* * * * * * *
Argentina
* * * * * * *
Blueberry................................. Anastrepha fraterculus, Ceratitis CT T107-a-1 or MB T101-i-1-1.
capitata.
* * * * * * *
South Africa........... Apple, blueberry, grape, pear............. Ceratitis capitata..................... CT T107-a.
* * * * * * *
Uruguay
* * * * * * *
Blueberry................................. Anastrepha fraterculus, Ceratitis CT T107-a-1.
capitata..
* * * * * * *
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* * * * *
Done in Washington, DC, this 12th day of September 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-18276 Filed 9-14-07; 8:45 am]
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