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29766 Federal Register / Vol. 71, No.

100 / Wednesday, May 24, 2006 / Rules and Regulations

Iosco and Ogemaw Counties. Londo then north on Ridge Road to Harrison Huron County. Bronson Township,
Lake area: That portion of Iosco and Road; then west on Harrison Road to its Clarksfield Township, Harland
Ogemaw Counties bounded by a line end and continuing west along an Township, Lyme Township, Norwalk
drawn as follows: Beginning at the imaginary line to the Lake Michigan Township, Peru Township, Ridgefield
intersection of Michigan Route 65 and shoreline; then southwest along the Township, Sherman Township,
Kokosing Road; then south on Michigan Lake Michigan shoreline to a point due Townsend Township, and Wakeman
Route 65 to the intersection of Galion west of the west end of Buchanan Road; Township.
Road and the Reno and Plainsfield then east from that point along an Lorain County. Brownhelm
Township lines; then west along the imaginary line to Buchanan Road; then Township, Camden Township,
Reno and Plainfield Township lines to east on Buchanan Road to 48th Avenue; Henrietta Township, and the City of
Peters Road; then west on Peters Road then north on 48th Avenue to the point Vermilion.
to Sage Lake Road; then north and west of beginning. * * * * *
on Sage Lake Road to Laird Lake Road; * * * * * Ottawa County. The entire county,
then north along an imaginary line to Presque Isle County. (1) Ocqueoc Lake excluding Ballast, Green, Middle Bass,
Short Lake Road; then continuing north area: * * * North Bass, Rattlesnake, South Bass,
on Short Lake Road to East Rose City (2) Posen area: That portion of Posen Starve, and Sugar Islands.
Road; then east on East Rose City Road Township east of Michigan Route 65, Sandusky County. The entire county.
to Long Lake Road; then north on Long and that portion of Krakow Township Williams County. The entire county.
Lake Road to Kokosing Road; then east west of a north-south line defined by Wood County. The entire county.
on Kokosing Road to the point of Basswood Road and south of the line Done in Washington, DC, this 18th day of
beginning. defined by the northern boundaries of May 2006.
* * * * * sections 4, 5, and 6 of township 33 W. Ron DeHaven,
Kalamazoo County. Leonidas area: north, range 7 east. Administrator, Animal and Plant Health
That portion of Wakeshma Township Roscommon County. Saint Helen area: Inspection Service.
south of W Avenue. That portion of the county bounded by [FR Doc. 06–4812 Filed 5–23–06; 8:45 am]
* * * * * a line drawn as follows: Beginning at
BILLING CODE 3410–34–P
Mason County. Ludington area: That the intersection of Interstate 75 and
portion of the county west of North Marl Lake Road; then south and east on
Lincoln Road, including Hamlin Interstate 75 to the Roscommon/ DEPARTMENT OF AGRICULTURE
Township. Ogemaw County line; then north along
* * * * * the Roscommon/Ogemaw County line to Animal and Plant Health Inspection
Montcalm County. (1) Crystal Lake Marl Lake Road; then west on Marl Lake Service
area: * * * Road to its end and continuing west
(2) Vestaburg area: That portion of along an imaginary line to Marl Lake 7 CFR Part 319
Home Township east of Deja Road and Road; then west on Marl Lake Road to
[Docket No. 05–059–2]
that portion of Richland Township west the point of beginning.
of Douglas Road. * * * * * Importation of Baby Corn and Baby
Montmorency County. Long Lake area: Sanilac County. The entire county. Carrots From Zambia
That portion of the county bounded by * * * * *
a line drawn as follows: Beginning at St. Joseph County. (1) Nottawa/Colon AGENCY: Animal and Plant Health
the intersection of County Road 452 and area: * * * Inspection Service, USDA.
Hubert Road; then west on Hubert Road (2) Leonidas area: Leonidas ACTION: Final rule.
to the point where it turns northwest; Township.
then south from this point along an SUMMARY: We are amending the fruits
Van Buren County. Hartford/
imaginary line to County Road 628; then and vegetables regulations to allow the
Watervliet area: That portion of Bangor
west and southwest on County Road 628 importation into the continental United
Township south of County Road 376
to Voyer Lake Road; then south on States of fresh, dehusked immature
and west of County Road 687; that
Voyer Lake Road to Brush Creek Truck (baby) sweet corn and fresh baby carrots
portion of Covert Township south of
Trail; then east on Brush Creek Truck from Zambia. As a condition of entry,
County Road 376 and east of Michigan
Trail to Pine Oaks Road; then south on both commodities will be subject to
Route 140; that portion of Hartford
Pine Oaks Road to Pleasant Valley Road; inspection at the port of first arrival and
Township west of 62nd Street and the
the east on Pleasant Valley Road to State will have to be accompanied by a
City of Hartford; and Watervliet
Street; then north on State Street to phytosanitary certificate with an
Township and the City of Watervliet.
where it becomes County Road 451; additional declaration stating that the
* * * * * commodity has been inspected and
then north on County Road 451 to
County Road 452; then north on County Ohio found free of the quarantine pest listed
Road 452 to the point of beginning. on the certificate. This action will allow
* * * * * for the importation of Zambian baby
* * * * * Defiance County. The entire county.
Oceana County. (1) Pentwater area: corn and baby carrots into the United
Delaware County. Delaware
Pentwater Township, including the States while continuing to provide
Township, Orange Township.
Village of Pentwater. Erie County. The entire county, protection against the introduction of
(2) Silver Lake area: That portion of excluding Kelleys Island. quarantine pests.
the county bounded by a line drawn as Fulton County. The entire county. DATES: Effective Date: May 24, 2006.
follows: Beginning at the intersection of FOR FURTHER INFORMATION CONTACT: Ms.
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Hancock County. Allen Township,


48th Avenue and Deer Road; then west Cass Township, Pleasant Township, Sharon Porsche, Import Specialist,
on Deer Road to 40th Avenue; then Portage Township, and Washington Commodity Import Analysis and
north on 40th Avenue to Lake Road; Township. Operations, Plant Health Programs,
then west on Lake Road to Ridge Road; Henry County. The entire county. PPQ, APHIS, 4700 River Road Unit 133,

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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 29767

Riverdale, MD 20737–1231; (301) 734– International Plant Protection those persons who are adversely
8758. Convention (IPPC), an additional affected by restrictions we no longer
SUPPLEMENTARY INFORMATION: declaration (AD) is a statement which is find warranted. Therefore, the
required by an importing country (in Administrator of the Animal and Plant
Background this case, the United States) to be Health Inspection Service has
The regulations in ‘‘Subpart—Fruits entered on a phytosanitary certificate determined that this rule should be
and Vegetables’’ (7 CFR 319.56 through and which provides specific additional effective upon publication in the
319.56–8, referred to below as the information pertinent to the Federal Register.
regulations) prohibit or restrict the phytosanitary condition of a
Executive Order 12866 and Regulatory
importation of fruits and vegetables into consignment. Zambia follows the IPPC
Flexibility Act
the United States from certain parts of standards for phytosanitary
the world to prevent the introduction certification. The NPPO of Zambia will, This rule has been reviewed under
and dissemination of plant pests that are therefore, be performing the tests that Executive Order 12866. The rule has
new to or not widely distributed within are necessary to issue the phytosanitary been determined to be not significant for
the United States. certificate with the requisite AD. These the purposes of Executive Order 12866
On January 11, 2006, we published in necessary tests include the annual soil and, therefore, has not been reviewed by
the Federal Register (71 FR 1700–1704, and root sampling tests suggested by the the Office of Management and Budget.
Docket No. 05–059–1) a proposal 1 to commenter. We are amending the fruits and
amend the fruit and vegetable Further, the pest risk assessment vegetables regulations to allow the
regulations to allow the importation of states ‘‘The risk assessment assumed importation into the continental United
baby corn and baby carrots from Zambia that M. ethiopica was present with States of fresh, dehusked immature
into the continental United States under carrots in Zambia, based on evidence (baby) sweet corn and fresh baby carrots
certain conditions. As a condition of that the nematode was described from from Zambia. As a condition of entry,
entry, we proposed that both neighboring Zimbabwe and that the both commodities will be subject to
commodities would be subject to nematode can infect carrots.’’ It is inspection at the port of first arrival and
inspection at the port of first arrival and unknown whether M. ethiopica is will have to be accompanied by a
would have to be accompanied by a present in Zambia, however, we have phytosanitary certificate with an
phytosanitary certificate with an evaluated the risk of introducing M. additional declaration stating that the
additional declaration stating that the ethiopica into the United States through commodity has been inspected and
commodity has been inspected and the importation of baby carrots from found free of the quarantine pest listed
found free of the quarantine pest listed Zambia. The requirement of the on the certificate. This action will allow
on the certificate. additional declaration is a preemptive, for the importation of Zambian baby
We solicited comments concerning preventative measure being taken in corn and baby carrots into the United
our proposal for 60 days ending March case this nematode ever does become States while continuing to provide
13, 2006. We received two comments by established in Zambia. protection against the introduction of
that date. One comment was from a Meloidogyne species typically cause quarantine pests.
private citizen who supported the roots to be malformed with numerous The Regulatory Flexibility Act (RFA)
proposed rule, but asked whether the gall or knots, which would cause requires that agencies consider the
national plant protection organization infected carrots to be culled due to post- economic impact of their rules on small
(NPPO) of Zambia has agreed to provide harvest processing. In addition, the businesses, organizations, and
the certification that would be required harvesting and post-harvesting governmental jurisdictions. In
in the rule. The mitigation measures for processing of baby carrots in Zambia is accordance with section 604 of the RFA,
both baby carrots and baby corn were all done by hand. The post-harvest we have prepared a final regulatory
discussed with the NPPO of Zambia and processing procedures involve five flexibility analysis describing the
agreed to in writing prior to the points of handling and inspection, expected impact of the changes in this
publication of the proposed rule. including an initial wash, hand rule on small entities. During the
The second comment, from an official trimming or slicing, commodity grading, comment period for our proposed rule,
with a State department of agriculture, another wash, and finally hand we did not receive any comments
expressed concern that the root knot packaging. The packinghouse personnel pertaining to the initial regulatory
nematode Meloidogyne ethiopica could are trained to recognize and reject flexibility analysis presented in that
enter the United States on baby carrots malformed carrots for export to the document.
and suggested that an annual laboratory United States. These phytosanitary U.S. entities that could be affected by
analysis of soil and root samples be measures are taken to ensure that M. this rule are domestic producers of baby
required along with the required field ethiopica does not enter into the United corn and baby carrots, and wholesalers
inspections. States through the importation of baby that would import the two commodities.
The NPPO of Zambia has agreed that carrots from Zambia. Restaurants or other retailers that would
shipments of baby carrots would be Therefore, for the reasons given in the subsequently purchase the items could
accompanied by a phytosanitary proposed rule and in this document, we be indirectly affected. Businesses
certificate with an additional are adopting the proposed rule as a final producing baby corn or baby carrots are
declaration stating that the carrots in the rule, without change. classified in the North American
shipment have been inspected and Industry Classification System (NAICS)
Effective Date within the category of Other Vegetable
found free from M. ethiopica. Under the
This is a substantive rule that relieves (except Potato) and Melon Farming
1 To view the proposed rule and the comments restrictions and, pursuant to the (NAICS code 111219). The Small
Business Administration’s (SBA) small-
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we received, go to http://www.regulations.gov, click provisions of 5 U.S.C. 553, may be made


on the ‘‘Advanced Search’’ tab, and select ‘‘Docket effective less than 30 days after entity definition for these producers is
Search.’’ In the Docket ID field, enter APHIS–2005–
0111, then click on ‘‘Submit.’’ Clicking on the publication in the Federal Register. annual receipts of not more than
Docket ID link in the search results page will Immediate implementation of this $750,000. Firms that would import the
produce a list of all documents in the docket. rule is necessary to provide relief to baby corn and baby carrots from Zambia

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29768 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations

are defined as small entities if they have companies use either contract growers require administrative proceedings
100 or fewer employees (NAICS code or their own farms, which are before parties may file suit in court
424480, Fresh Fruit and Vegetable distributed between Zambia’s three challenging this rule.
Merchant Wholesalers). The wholesale geographical zones to ensure a year
National Environmental Policy Act
sector comprises two types of round supply of fresh produce. In 2002,
wholesalers, those that sell goods on Agriflora exported 100 metric tons of An environmental assessment was
their own account and those that baby corn to the United Kingdom. prepared for, and made available for
arrange sales and purchases for others According to the technical advisor of public comment through, the proposed
for a commission or fee. Importers are the Organic Producer and Processor rule for this rulemaking. No comments
included in both cases. Association of Zambia, of a total of regarding the environmental assessment
We believe that most if not all of the 2,500 hectares of agricultural land were received during the comment
businesses affected by this rule will be devoted to specialty crop production period for the proposed rule. The
small since, in general, firms engaged in that was inspected in 2004, 743 hectares environmental assessment provides a
production and importation of have been certified for exports. basis for the conclusion that the
agricultural commodities are During the comment period for our importation of baby corn and baby
predominantly small. proposed rule, we did not receive any carrots under the conditions specified in
APHIS has not been able to obtain information on the number of small this rule will not have a significant
production or trade data that is specific entities that may be affected. Without impact on the quality of the human
to baby carrots, and only limited additional information on the number of environment. Based on the finding of no
information on baby corn. Statistical U.S. producers of baby corn and baby significant impact, the Administrator of
information on baby corn production is carrots, the quantities they produce, and the Animal and Plant Health Inspection
limited because producing countries the quantities already being imported Service has determined that an
either include it within the sweet corn into the United States, we cannot assess environmental impact statement need
category, as is done in the United States, the potential impact of this rule on U.S. not be prepared.
or do not report production of this small entities. An increase in supply The environmental assessment and
commodity at all. Quantities of baby can be expected to exert downward finding of no significant impact were
corn produced, imported, and pressure on prices and thus benefit U.S. prepared in accordance with: (1) The
consumed in the United States are not consumers. U.S. importers of these National Environmental Policy Act of
known. According to industry sources, commodities are also expected to 1969 (NEPA), as amended (42 U.S.C.
it is grown in California, and the largest benefit. 4321 et seq.), (2) regulations of the
foreign supplier is Costa Rica. Other As discussed in the proposed rule’s Council on Environmental Quality for
sources are Mexico, Guatemala, and initial regulatory flexibility analysis, an implementing the procedural provisions
Honduras. Mexico provided 92 percent alternative to this rule would be to of NEPA (40 CFR parts 1500–1508), (3)
of U.S. fresh sweet corn imports during require that a different set of USDA regulations implementing NEPA
1998–2000, with the majority arriving phytosanitary measures be satisfied. (7 CFR part 1b), and (4) APHIS’ NEPA
during the winter (December to April). However, we have concluded that the Implementing Procedures (7 CFR part
Fresh baby corn is included in these import conditions prescribed in this 372).
imports; however its amount is rule are appropriate and necessary to The environmental assessment and
unknown. address the risks associated with the finding of no significant impact may be
The Food and Agriculture importation of baby corn and baby viewed on the Regulations.gov Web
Organization of the United Nations’ carrots from Zambia, and that import site.2 Copies of the environmental
statistics indicate that Zambia produced requirements less or more stringent than assessment and finding of no significant
an average of 750,000 metric tons of those in this rule would either not impact are also available for public
corn per year between 1997 and 2002 provide an appropriate level of inspection at USDA, room 1141, South
and exported 1 percent of its corn phytosanitary protection or impose Building, 14th Street and Independence
production. How much of Zambia’s corn unduly burdensome measures. Avenue, SW., Washington, DC, between
production and exports is baby corn is This rule contains information 8 a.m. and 4:30 p.m., Monday through
not known. It is noted that production collection or recordkeeping Friday, except holidays. Persons
of baby corn and baby carrots depends requirements (see ‘‘Paperwork wishing to inspect copies are requested
on hand labor due to the unsuitability Reduction Act’’ below). to call ahead on (202) 690–2817 to
of mechanical agricultural harvesting facilitate entry into the reading room. In
techniques. Zambia’s plentiful farm Executive Order 12988
addition, copies may be obtained by
labor resources provide it with an This final rule allows baby corn and writing to the individual listed under
economic advantage in the production baby carrots to be imported into the FOR FURTHER INFORMATION CONTACT.
of these crops. continental United States from Zambia.
The Government of Zambia has State and local laws and regulations Paperwork Reduction Act
indicated its intention to export regarding baby corn and baby carrots In accordance with the Paperwork
approximately 400 metric tons (16 40- imported under this rule will be Reduction Act of 1995 (44 U.S.C. 3501
foot shipping containers) of baby corn preempted while the fruit is in foreign et. seq.), the information collection or
and 400 metric tons of baby carrots to commerce. Fresh baby corn and baby recordkeeping requirements included in
the continental United States annually. carrots are generally imported for this rule have been approved by the
There are two large commercial immediate distribution and sale to the Office of Management and Budget
agricultural companies in Zambia (York consuming public, and remain in
Farm and Chalimbana Fresh Produce foreign commerce until sold to the 2 Go to http://www.regulations.gov, click on the

Ltd., formerly known as Agriflora ultimate consumer. The question of


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‘‘Advanced Search’’ tab and select ‘‘Docket Search.’’


Limited) that are responsible for when foreign commerce ceases in other In the Docket ID field, enter APHIS–2005–0111,
click on ‘‘Submit,’’ then click on the Docket ID link
producing the bulk of specialty crops cases must be addressed on a case-by- in the search results page. The environmental
(crops that require more intensive labor case basis. No retroactive effect will be assessment and finding of no significant impact will
to qualify for exportation). The two given to this rule, and this rule will not appear in the resulting list of documents.

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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 29769

(OMB) under OMB control number (2) After harvest, the corn must be DEPARTMENT OF AGRICULTURE
0579–0284. inspected by Zambia’s national plant
protection organization (NPPO) and Animal and Plant Health Inspection
Government Paperwork Elimination Service
found free of the pests listed in
Act Compliance
paragraph (a)(1) of this section before
The Animal and Plant Health the corn may be shipped to the 9 CFR Part 93
Inspection Service is committed to continental United States. [Docket No. 00–022–2]
compliance with the Government (3) The corn must be inspected at the
Paperwork Elimination Act (GPEA), port of first arrival as provided in Standards for Privately Owned
which requires Government agencies in § 319.56–6. Quarantine Facilities for Ruminants
general to provide the public the option
of submitting information or transacting (4) Each shipment must be AGENCY: Animal and Plant Health
business electronically to the maximum accompanied by a phytosanitary Inspection Service, USDA.
extent possible. For information certificate issued by the NPPO of ACTION: Final rule.
pertinent to GPEA compliance related to Zambia that includes an additional
this rule, please contact Mrs. Celeste declaration stating that the corn has SUMMARY: We are amending the
Sickles, APHIS’’ Information Collection been inspected and found free of regulations for the importation of
Coordinator, at (301) 734–7477. Phomopsis jaczewskii based on field ruminants into the United States to
and packinghouse inspections. establish standards for privately owned
List of Subjects in 7 CFR Part 319 quarantine facilities. The regulations
(5) The corn may be imported in
Coffee, Cotton, Fruits, Imports, Logs, commercial shipments only. have authorized the establishment of
Nursery stock, Plant diseases and pests, privately operated quarantine facilities
(b) Immature ‘‘baby’’ carrots (Daucus for ruminants, which are subject to
Quarantine, Reporting and
carota L. ssp. sativus) for consumption approval and oversight by the Animal
recordkeeping requirements, Rice,
measuring 10 to 18 millimeters (0.39 to and Plant Health Inspection Service, but
Vegetables.
0.71 inches) in diameter and 50 to 105 have not provided specific standards for
■ Accordingly, we are amending 7 CFR millimeters (1.97 to 4.13 inches) in
part 319 as follows: the approval, operation, and oversight of
length may be imported into the such facilities, with the exception of
continental United States from Zambia privately operated quarantine facilities
PART 319—FOREIGN QUARANTINE only under the following conditions:
NOTICES for sheep or goats. Based on recent
(1) The production site, which is a interest in establishing such facilities for
■ 1. The authority citation for part 319 field, where the carrots have been grown cattle, we are adding standards for
continues to read as follows: must have been inspected at least once privately owned quarantine facilities
Authority: 7 U.S.C. 450, 7701–7772, and during the growing season and before covering all ruminants to ensure that
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR harvest for the following pest: any facilities that may be approved for
2.22, 2.80, and 371.3. Meloidogyne ethiopica. this purpose operate in a manner that
(2) After harvest, the carrots must be protects the health of the U.S. livestock
■ 2. In § 319.41–1, a new paragraph (d)
inspected by the NPPO of Zambia and population.
is added to read as follows:
found free of the pests listed in DATES: Effective Date: June 23, 2006.
§ 319.41–1 Plant products permitted paragraph (b)(1) of this section before FOR FURTHER INFORMATION CONTACT: Dr.
entry.1 the carrots may be shipped to the Arnaldo Vaquer, Senior Staff
* * * * * continental United States. Veterinarian, National Center for Import
(d) Immature, dehusked ‘‘baby’’ sweet (3) The carrots must be inspected at and Export, VS, APHIS, USDA, 4700
corn may be imported from Zambia in the port of first arrival as provided in River Road Unit 39, Riverdale, MD
accordance with § 319.56–2f(a). § 319.56–6. 20737–1231; (301) 734–3277.
■ 3. A new § 319.56–2f is added to read SUPPLEMENTARY INFORMATION:
(4) Each shipment must be
as follows:
accompanied by a phytosanitary Background
§ 319.56–2f Conditions governing the certificate issued by the NPPO of
entry of baby corn and baby carrots from Zambia that includes an additional The regulations in 9 CFR part 93
Zambia. declaration stating that the carrots have govern the importation into the United
been inspected and found free of States of specified animals and animal
(a) Immature, dehusked ‘‘baby’’ sweet
Meloidogyne ethiopica based on field products in order to help prevent the
corn (Zea mays L.) measuring 10 to 25
and packinghouse inspections. introduction of various animal diseases
millimeters (0.39 to 0.98 inches) in
into the United States. The regulations
diameter and 60 to 105 millimeters (2.36 (5) The carrots must be free from in part 93 require, among other things,
to 4.13 inches) in length may be leaves and soil. that certain animals, as a condition of
imported into the continental United
(6) The carrots may be imported in entry, be quarantined upon arrival in
States from Zambia only under the
commercial shipments only. the United States. The Animal and Plant
following conditions:
(1) The production site, which is a (Approved by the Office of Management and Health Inspection Service (APHIS) of
field, where the corn has been grown Budget under control number 0579–0284) the U.S. Department of Agriculture
must have been inspected at least once operates animal quarantine facilities.
Done in Washington, DC, this 19th day of
during the growing season and before We also authorize the use of quarantine
May 2006.
harvest for the following pest: facilities that are privately owned and
W. Ron DeHaven, operated for certain animal
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Phomopsis jaczewskii. Administrator, Animal and Plant Health importations.


Inspection Service. The regulations at subpart D of part 93
1 Except as provided in § 319.41–6 the regulations

in this subpart do not authorize importations


[FR Doc. 06–4813 Filed 5–23–06; 8:45 am] (9 CFR 93.400 through 93.435, and
through the mails. BILLING CODE 3410–34–P referred to below as the regulations)

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