[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Rules and Regulations]
[Pages 68057-68058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28509]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / 
Rules and Regulations  

[[Page 68057]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2010-0101]
RIN 0579-AD39


Importation of French Beans and Runner Beans From the Republic of 
Kenya Into the United States

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 French beans and runner beans from the Republic of 
Kenya into the United States. As a condition of entry, both commodities 
will have to be produced in accordance with a systems approach that 
would include requirements for packing, washing, and processing. Both 
commodities will also be required to be accompanied by a phytosanitary 
certificate attesting that all phytosanitary requirements have been met 
and that the consignment was inspected and found free of quarantine 
pests. This action will allow for the importation of French beans and 
runner beans from the Republic of Kenya into the United States while 
continuing to provide protection against the introduction of plant 
pests.

DATES: Effective Date: December 5, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Import Specialist, 
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, 
Unit 133, Riverdale, MD 20737; (301) 734-4394.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-53, 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 within the United States.
    On March 25, 2011, we published in the Federal Register (76 FR 
16700-16703, Docket No. APHIS-2010-0101) a proposal \1\ to amend the 
regulations by allowing French beans and runner beans from the Republic 
of Kenya to be imported into the United States if they are cut, 
shredded, or split and inspected for quarantine pests, and if certain 
other requirements are met.
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    \1\ To view the proposed rule, the pest risk analysis, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0101.
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    We solicited comments concerning our proposal for 60 days ending 
May 24, 2011. We received two comments by that date. They were from a 
State department of agriculture and a member of the general public.
    One commenter stated opposition to the importation of French and 
runner beans from Kenya without raising any issues related to the pest 
risk analysis or proposed rule.
    The other commenter recommended that shipments of French and runner 
beans from Kenya not be permitted entry into the commenter's State 
until the shipping protocol has had sufficient time to demonstrate the 
effectiveness of the proposed mitigation measures.
    The pest risk analysis we prepared for this action, which includes 
a qualitative, pathway-initiated pest risk assessment and a risk 
management document, not only identifies 10 quarantine pests that could 
potentially accompany shipments of fresh French and runner beans from 
Kenya, but also identifies mitigation measures that must be completed 
before these commodities can be safely imported into the United States. 
The cutting or shredding and splitting of the bean described in the 
proposed rule will expose and allow detection of internal feeders, 
thereby mitigating the risk of the quarantine pests being introduced 
into the United States via the importation of this commodity. As we 
receive imports from the program, we will continue to evaluate the 
effectiveness of the program.
    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.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    Kenya produced an average of about 37,000 metric tons (MT) of 
French beans per year between 2004 and 2009, of which it exported an 
average of about 34,000 MT, primarily to the European Union (EU). The 
EU provides a well-established market, and it is unlikely that there 
would be a large diversion of French bean exports by Kenya from this 
market to the United States.
    To examine potential effects of the rule for U.S. small entities, 
we model three levels of French bean exports to the United States from 
Kenya, of increasing magnitude: The amount that Kenya expects to export 
to the United States (800 MT), and amounts equal to 5 percent and 10 
percent of Kenya's average annual exports worldwide, 2004-2009 (1,750 
MT and 3,500 MT). The largest assumed level is equivalent to 1.3 
percent of average annual consumption by the United States during this 
same period.
    Yearly French bean imports from Kenya of 3,500 MT are estimated to 
result in a price decline of $12.35 per MT, or less than 1 cent per 
pound in the wholesale price of green beans, and a fall in U.S. 
production of 1,838 MT. Consumption is estimated to increase by 1,660 
MT. Producer welfare could decline by $2.84 million and consumer 
welfare could increase by $3.25 million, yielding an annual net welfare 
gain of about $410,000.
    While most U.S. green bean producers are small entities, the annual 
decrease in producer welfare per small entity for the 3,500 MT import 
scenario is

[[Page 68058]]

estimated to be only about $64, or about 0.7 percent of average annual 
sales by small entities. The dollar decrease in welfare for most small 
fresh bean producers would be even smaller, given that the majority 
planted less than an acre in green beans in 2007, while the average 
area planted in green beans by small-entity producers was 2.4 acres. 
Also, effects are likely to be smaller than indicated, to the extent 
that fresh French bean imports from Kenya would displace fresh bean 
imports from other countries.
    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

    This final rule allows French beans and runner beans to be imported 
into the United States from the Republic of Kenya. State and local laws 
and regulations regarding French beans and runner beans imported under 
this rule will be preempted while the fruit is 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 0579-0373.

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) 851-2908.

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.

    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.  319.56-54 is added to read as follows:


Sec.  319.56-54  French beans and runner beans from Kenya.

    French beans (Phaseolus vulgaris L.) and runner beans (Phaseolus 
coccineus L.) may be imported into the United States from Kenya only 
under the conditions described in this section. These conditions are 
designed to prevent the introduction of the following quarantine pests: 
Bactrocera cucurbitae, Chrysodeixis chalcites, Dacus ciliatus, 
Helicoverpa armigera, Lampides boeticus, Liriomyza huidobrensis, 
Maconellicoccus hirsutus, Maruca vitrata, Spodoptera littoralis, and 
Thaumatotibia leucotreta.
    (a) Packinghouse requirements. The beans must be packed in packing 
facilities that are approved and registered with Kenya's national plant 
protection organization (NPPO). Each shipping box must be marked with 
the identity of the packing facility.
    (b) Post-harvest processing. The beans must be washed in potable 
water. Each bean pod must be either cut into chevrons or pieces that do 
not exceed 2 centimeters in length, or shredded or split the length of 
the bean pod. Split or shredded bean pod pieces may not exceed 8 
centimeters in length and 8.5 millimeters in diameter.
    (c) Commercial consignments. French beans and runner beans must be 
imported as commercial consignments only.
    (d) Phytosanitary certificate. Each consignment of French beans or 
runner beans must be accompanied by a phytosanitary certificate issued 
by Kenya's NPPO attesting that the conditions of this section have been 
met and that the consignment has been inspected and found free of the 
pests listed in this section.

(Approved by the Office of Management and Budget under control 
number 0579-0373)


    Done in Washington, DC, this 28th day of October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-28509 Filed 11-2-11; 8:45 am]
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