[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Proposed Rules]
[Pages 62484-62486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25556]
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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.
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Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 /
Proposed Rules
[[Page 62484]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2009-0086]
RIN 0579-AD26
Importation of Shepherd's Purse With Roots From the Republic of
Korea Into the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning the
importation of fruits and vegetables to allow the importation of fresh
shepherd's purse with roots from the Republic of Korea into the United
States under a combination of mitigations to reduce the risk of
introducing plant pests. As a condition of entry, the shepherd's purse
would have to be produced in accordance with a systems approach that
would include requirements for importation of commercial consignments,
pest-free place of production, removal of soil, and inspection for
quarantine pests by the national plant protection organization of the
Republic of Korea. The shepherd's purse would also have to be
accompanied by a phytosanitary certificate with an additional
declaration stating that it was grown, packed, and inspected and found
to be free of pests in accordance with the proposed requirements. This
action would allow the importation of fresh shepherd's purse with roots
from the Republic of Korea while continuing to protect against the
introduction of plant pests into the United States.
DATES: We will consider all comments that we receive on or before
December 13, 2010.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0086 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2009-0086, 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-2009-0086.
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: Ms. Dorothy Wayson, Regulatory
Coordination Specialist, PPQ, APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737-1231; (301) 734-0627.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-50, 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 the Republic
of Korea has requested that the Animal and Plant Health Inspection
Service (APHIS) amend the regulations to allow fresh shepherd's purse
with roots from the Republic of Korea to be imported into the United
States. Currently, shepherd's purse without roots is authorized for
entry into the United States from the Republic of Korea.\1\
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\1\ Conditions for the importation of shepherd's purse without
roots from the Republic of Korea are listed in the Fruits and
Vegetables Import Requirements database (available at http://www.aphis.usda.gov/favir) in accordance with Sec. 319.56-4. The
shepherd's purse from the Republic of Korea is also subject to the
requirements listed in Sec. 319.56-3 that are applicable to the
importation of all fruits and vegetables.
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As part of our evaluation of the Republic of Korea's request, we
prepared a pest risk assessment (PRA), titled ``Importation of
Shepherd's Purse (Capsella bursa-pastoris (L.) Medik.) leaves and stems
with roots from Republic of Korea into the United States, A Pathway-
Initiated Risk Assessment'' (October 2007). The PRA evaluated the risks
associated with the importation of shepherd's purse into the United
States from the Republic of Korea.
The PRA identified 11 pests of quarantine significance present in
the Republic of Korea that could be introduced into the United States
through the importation of fresh shepherd's purse with roots:
Insect pests:
Sawfly (Athalia rosae)
Leaf miner (Chromatomyia horticola)
Turnip moth (Agrotis segetum)
American bollworm moth (Helicoverpa armigera)
Cabbage webworm moth (Hellula undalis, Fabricius)
The cabbage moth (Mamestra brassicae)
Oriental leafworm moth (Spodoptera litura, Fabricius)
Nematodes:
Hemicycliophora koreana
Paratylenchus pandus
Rotylenchus orientalis
Rotylenchus pini
Based on the information contained in the PRA, APHIS has determined
that measures beyond standard port-of-entry inspection are required to
mitigate the risks posed by these plant pests. To recommend specific
measures to mitigate those risks, we prepared a risk management
document (RMD). Copies of the PRA and RMD may be obtained from the
person listed under FOR FURTHER INFORMATION CONTACT or viewed on the
Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov).
Based on the recommendations of the RMD, we are proposing to allow
the importation of shepherd's purse with roots from the Republic of
Korea into the continental United States only if
[[Page 62485]]
they are produced in accordance with a systems approach. The systems
approach we are proposing would require that the shepherd's purse with
roots be:
Grown in a pest-free place of production for quarantine
nematodes,
Free from soil,
Imported in commercial consignments only, and
Inspected by the NPPO of the Republic of Korea and found
free of quarantine pests.
The shepherd's purse with roots from the Republic of Korea would
also have to be accompanied by a phytosanitary certificate with an
additional declaration stating that the shepherd's purse leaves and
stems with roots in the consignment have been grown in a pest-free
place of production for quarantine nematodes, have been inspected and
found free of quarantine pests, and are free from soil.
We are proposing to add the systems approach to the regulations in
a new Sec. 319.56-51 governing the importation of shepherd's purse
with roots from the Republic of Korea into the United States. The
mitigation measures in the proposed systems approach are discussed in
greater detail below.
Paragraph (a) of Sec. 319.56-51 would require that shepherd's
purse with roots be grown in places of production that are registered
with the NPPO of the Republic of Korea and that have been determined
free from nematodes. Their relatively small size makes the nematodes
difficult to detect through regular inspections, so pest-free places of
production are necessary. Fields must be certified free of the
quarantine nematodes by sampling and microscopic inspection of the
samples by the Korean NPPO. The sampling and inspection protocol must
be preapproved by APHIS. APHIS will monitor the sampling and inspection
records maintained by the Korean NPPO.
Paragraph (b) of Sec. 319.56-51 would require that shepherd's
purse with roots be free from soil. This would also help to prevent the
introduction of nematodes and insect pests into the United States.
Paragraph (c) of Sec. 319.56-51 would state that shepherd's purse
with roots may be imported in commercial consignments only. Produce
grown commercially is less likely to be infested with plant pests than
noncommercial consignments. Noncommercial consignments are more prone
to infestations because the commodity is often ripe to overripe and is
often grown with little or no pest control. Commercial consignments, as
defined in Sec. 319.56-2, are consignments that an inspector
identifies as having been imported for sale and distribution. Such
identification is based on a variety of indicators, including, but not
limited to: Quantity of produce, type of packaging, identification of
grower or packinghouse on the packaging, and documents consigning the
fruits or vegetables to a wholesaler or retailer.
Paragraph (d) of Sec. 319.56-51 would require that each
consignment of shepherd's purse with roots be accompanied by a
phytosanitary certificate issued by the NPPO of the Republic of Korea
with an additional declaration stating that the specific conditions of
Sec. 319.56-51 have been met.
The general requirements in the regulations in Sec. 319.56-3
provide that all imported fruits and vegetables shall be inspected, and
shall be subject to such disinfection at the port of first arrival as
may be required by an inspector. Section 319.56-3 also provides that
any shipment of fruits and vegetables may be refused entry if the
shipment is so infested with plant pests that an inspector determines
that it cannot be cleaned or treated. We believe that the proposed
conditions described above, as well as all other applicable
requirements in Sec. 319.56-3, would be adequate to prevent the
introduction of plant pests into the United States associated with
fresh shepherd's purse leaves and stems with roots from the Republic of
Korea.
We have determined that these risk management measures will provide
an appropriate level of phytosanitary protection against pests of
quarantine concern associated with fresh shepherd's purse leaves and
stems with roots from the Republic of Korea.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 have prepared an initial regulatory flexibility analysis for
this proposed rule. The analysis examines the potential economic
effects of this action on small entities, as required by the Regulatory
Flexibility Act. The analysis identifies domestic producers of
shepherd's purse, and wholesalers that import fresh shepherd's purse as
the small entities most likely to be affected by this action and
considers the effects of increased imports of fresh shepherd's purse
with roots.
The Republic of Korea does not keep official statistics on minor
agricultural commodities such as shepherd's purse. However, production
and export data have been gathered from farmers and wholesalers at
Garak-tong market, one of the biggest wholesale agricultural markets in
Seoul.\2\ Based on these data, yearly sales of shepherd's purse at
Garak-tong market have averaged 1,422 metric tons over the past 5
years. Most of the shepherd's purse production in the Republic of Korea
is consumed domestically. During the same 5-year period, an average of
only 298 kilograms per year were exported, i.e., 0.02 percent of
reported production. Expected initial exports to the United States
under this proposed rule as estimated by the NPPO of the Republic of
Korea is 24 metric tons, which is far above the reported 2005-2009
export levels. Even with those higher export levels, based on the
information presented in the analysis, we expect affected entities
would experience minimal economic effects as a result of shepherd's
purse with roots arriving in the United States from the Republic of
Korea.
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\2\ Yunhee Kim, Agricultural Specialist, USDA/APHIS, American
Embassy, Seoul, South Korea. The Garak-tong market has 131 acres of
covered space.
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We invite comment on our initial regulatory flexibility analysis,
which is posted with this proposed rule on the Regulations.gov Web site
(see ADDRESSES above for instructions for accessing Regulations.gov)
and may be obtained from the person listed under FOR FURTHER
INFORMATION CONTACT.
Executive Order 12988
This proposed rule would allow fresh shepherd's purse with roots to
be imported into the United States from the Republic of Korea. If this
proposed rule is adopted, State and local laws and regulations
regarding shepherd's purse with roots imported under this rule would be
preempted while the plant 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
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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-2009-0086. Please
send a copy of your comments to: (1) Docket No. APHIS-2009-0086,
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 amend the regulations concerning the
importation of fruits and vegetables to allow for the importation of
fresh shepherd's purse with roots from the Republic of Korea into the
United States under a combination of mitigations to reduce the risk of
introducing a variety of pests. As a condition of entry, fresh
shepherd's purse would have to be produced in accordance with a systems
approach that would include requirements for importation of commercial
consignments, pest-free place of production, and inspection for
quarantine pests by the national plant protection organization (NPPO)
of the Republic of Korea.
Implementing this rule would require the completion of a
phytosanitary certificate, inspections, and recordkeeping. 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 information collection is necessary for
the proper performance of our agency's functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
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 0.53928 hours per response.
Respondents: Importers; national plant protection organization of
the Republic of Korea.
Estimated annual number of respondents: 30.
Estimated annual number of responses per respondent: 9.333.
Estimated annual number of responses: 280.
Estimated total annual burden on respondents: 151 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)
851-2908.
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) 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 propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
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.
2. A new Sec. 319.56-51 is added to read as follows:
Sec. 319.56-51 Shepherd's purse with roots from the Republic of
Korea.
Shepherd's purse (Capsella bursa-pastoris (L.) Medick) with roots
from the Republic of Korea may be imported only under the following
conditions:
(a) The shepherd's purse with roots must be grown in a pest-free
place of production that is registered with the national plant
protection organization (NPPO) of the Republic of Korea. Fields must be
certified free of the quarantine nematodes Hemicycliophora koreana,
Paratylenchus pandus, Rotylenchus orientalis, and Rotylenchus pini by
sampling and microscopic inspection of the samples by the NPPO of the
Republic of Korea. The sampling and inspection protocol must be
preapproved by APHIS.
(b) The shepherd's purse with roots must be free from soil.
(c) The shepherd's purse with roots must be imported in commercial
shipments only.
(d) Each consignment of shepherd's purse with roots must be
accompanied by a phytosanitary certificate of inspection issued by the
NPPO of the Republic of Korea stating that the shipment has been
inspected and found free of quarantine pests with an additional
declaration stating that the shepherd's purse with roots has been
produced and inspected in accordance with the requirements of 7 CFR
319.56-51.
Done in Washington, DC, this 5th day of October 2010.
Gregory Parham,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-25556 Filed 10-8-10; 8:45 am]
BILLING CODE 3410-34-P