Importation of Tomatoes From Certain Central American Countries

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 6, 2006 (Volume 71, Number 24)]
[Proposed Rules]
[Page 6011-6016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe06-8]

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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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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2006-0009]

Importation of Tomatoes From Certain Central American Countries

AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the
importation of fruits and vegetables in order to allow pink and red
tomatoes grown in approved registered production sites in Costa Rica,
El Salvador, Guatemala, Honduras, Nicaragua, and Panama to be imported
into the United States without treatment. The conditions to which the
proposed importation of tomatoes would be subject, including trapping,
pre-harvest inspection, and shipping procedures, are designed to
prevent the introduction of quarantine pests into the United States.
This action would allow for the importation of pink and red tomatoes
from those countries in Central America while continuing to provide
protection against the introduction of quarantine pests into the United
States.

DATES: We will consider all comments that we receive on or before April
7, 2006.

ADDRESSES: You may submit comments by either of the following methods:
? Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2006-0009 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
? Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0009, 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-2006-0009.
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. Donna L. West, Senior Import
Specialist, Commodity Import Analysis and Operations, 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
though 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.
Section 319.56-2dd of the regulations contains administrative
instructions allowing the importation of tomatoes from various
countries where the Mediterranean fruit fly (Medfly, Ceratitis
capitata) is present. In this document, we are proposing to amend that
section by adding a new paragraph (f) that would set forth
administrative instructions concerning the importation of pink and red
tomatoes from Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua,
and Panama.
In a decision sheet \1\ dated December 28, 1934, we authorized the
importation of tomatoes from Central America and Mexico. However, in a
subsequent set of decision sheets dated April 15, 1982, and January 27,
1983, we identified red tomatoes from Ecuador, Costa Rica, and Panama
as an occasional Medfly host. Given the similar pest situations in the
other Central American countries, we changed the conditions of the
permits issued for Central American tomatoes to allow only green
tomatoes to be imported, since they are not a Medfly host. Pink
tomatoes were prohibited in order to reduce confusion between pink and
red tomatoes during port-of-entry inspections.
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\1\ Before we routinely prepared pest risk assessments according
to the guidelines provided by the Food and Agriculture Organization
and the North American Plant Protection Organization we prepared
decision sheets. Decision sheets contain relatively the same
information that is contained in modern pest risk assessments, but
without the standardized format.
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The Government of El Salvador has requested the reauthorization of
the importation of pink and red tomatoes from that country. In
response, the Animal and Plant Health Inspection Service (APHIS)
developed a systems approach, described below, under which tomatoes
could be imported into the United States without treatment. We have
determined that the systems approach could also be used by producers
throughout Costa Rica, Guatemala, Honduras, Nicaragua, and Panama
because of the similar pest risks present in these countries.
Therefore, we are proposing to allow tomatoes to be imported into the
United States from those six Central American countries under
conditions very similar to current requirements for importing tomatoes
from France, Morocco and Western Sahara, and Spain. Currently, tomatoes
are being shipped from over 200 greenhouses in Europe using this
systems approach. Since the start of the tomato systems approach in
France and Spain, the number of pest interceptions has been very low,
with an approximate shipment infestation rate of 0.005 percent in Spain
and 0.06 percent in France.
We have prepared a document in which we examine the risks of
importing tomatoes from the six Central America countries that was
based on an examination of relevant information (e.g., pest risk
assessments, decisions

[[Page 6012]]

sheets, pest interception data, etc.) regarding this commodity. The
document may be viewed on the Regulations.gov Web site (see ADDRESSES
above for instructions for accessing Regulations.gov) or on the APHIS
Web site at http://www.aphis.usda.gov/ppq/pra/draft/. The quarantine
pests of concern in Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama, as identified in the document prepared
for this proposed rule, are Medfly, the tomato fruit borer (Neoleucinodes
elegantalis), the pea leafminer (Liriomyza huidobrensis), and the
potato spindle tuber viroid.
With the exception of Medfly, for which we have developed the
specific systems approach described below as mitigation, the pests of
concern (tomato fruit borer, the pea leafminer, and the potato spindle
tuber viroid) exhibit symptoms that are macroscopic and detectable upon
visual inspection in the production areas or during pre-export or port-
of-entry inspections. Specifically:
? Tomato fruit borer larvae penetrate the fruit and may
cause the fruit to fall or become otherwise unmarketable. More mature
larvae create large exit holes in the fruit that can be easily
detected. In addition, the screen size required by the systems approach
described below is too small to allow the entry of adult tomato fruit
borers.
? Pea leafminers spend a majority of their lifecycle in
larval form, mining host leaves. These mines are easily detectable via
visual inspection.
? Potato spindle tuber viroid is primarily a pest of
potatoes, but may also affect tomatoes. Symptoms of the viroid, except
for mild strains, would be readily detected with the naked eye. Recent
data on the potato spindle tuber viroid indicate there has only been
one interception of the viroid from one country in Central America,
Costa Rica. The interception was on potatoes, not tomatoes, and was
easily detected by inspectors. This evidence suggests that it is
unlikely that the potato spindle tuber viroid will be found on tomatoes
from Central America, and we believe that inspections throughout the
growing season will provide sufficient mitigation.
Thus, we would utilize inspection as the primary mitigation measure
for tomato fruit borer, pea leafminer, and potato spindle tuber viroid,
and the specific systems approach described in this document would
serve to mitigate the risks associated with Medfly. The systems
approach, outlined below, utilizes pest exclusionary greenhouses and
packinghouses. As stated previously, we believe this approach could be
used by producers throughout Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, and Panama, given the similar pest risks present
in these countries. We are confident that these measures would
effectively mitigate the risk posed by Medfly while production site,
pre-export, and port-of-entry inspections would continue to provide
mitigation for any additional pests. Green tomatoes could continue to
be imported as before, but the systems approach would provide importers
with alternative sources of tomatoes at a more advanced stage of
ripeness. In addition, we would also allow the importation of pink or
red field-grown tomatoes from areas certified free of Medfly. The
proposed conditions for the importation of greenhouse-grown and field-
grown tomatoes are explained in the following paragraphs.

Areas Where Medfly Is Present

Tomatoes grown in an area that has not been determined to be free
of Medfly would be required to be grown in approved production sites
registered with the national plant protection organization (NPPO) of
the exporting country and would be subject to the systems approach
detailed below. Initial approval of the production sites would be
completed jointly by the exporting country's NPPO and APHIS.
Representatives of the exporting country's NPPO would have to visit and
inspect the production sites monthly, starting 2 months before harvest
and continuing through until the end of the shipping season. APHIS
could monitor the production sites at any time during this period.
Tomato production sites would have to consist of pest exclusionary
greenhouses with self-closing double doors. All additional openings
would be required to be covered with 1.6 (or less) millimeter
screening. Registered sites would have to contain traps with an
approved protein bait for the detection of Medfly within the
greenhouses at a density of four traps per hectare, with a minimum of
at least two traps per greenhouse. Traps would have to be serviced on a
weekly basis. Medfly traps with an approved protein bait would also
have to be placed inside a buffer area 500 meters wide around the
registered production site, at a density of 1 trap per 10 hectares.
These traps would have to be checked at least once every 7 days. At
least one trap would have to be near the greenhouse. Traps would have
to be set for at least 2 months prior to export, and trapping would
have to continue to the end of harvest. Capture of 0.7 or more Medflies
per trap per week within the buffer zone would suspend or delay the
harvest, depending on whether the harvest had begun, for consignments
of tomatoes from that production site until APHIS and the exporting
country's NPPO determine that the pest risk has been mitigated.
If a single Medfly is detected inside a registered production site
or in a consignment, the registered production site would lose its
ability to export tomatoes to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation has
been achieved. For the other pests of concern listed above, the
greenhouse would have to be inspected prior to harvest, and if any of
these pests or any other quarantine pests is found to be generally
infesting the greenhouse, the NPPO would not allow export from that
production site until APHIS and the NPPO agree that risk mitigation has
been achieved. If the NPPO detected any quarantine pests in the
consignment, the shipment would be deemed ineligible for export to the
United States.
The exporting country's NPPO would have to maintain records of trap
placement, checking of traps, and any Medfly captures, as well as
production site and packinghouse inspection results. In addition, the
exporting country's NPPO would have to maintain an APHIS-approved
quality control program to monitor or audit the trapping program. The
trapping records would have to be maintained for APHIS's review.
We would require that tomatoes be packed within 24 hours of harvest
in a pest-exclusionary packinghouse. The tomatoes would have to be
safeguarded by an insect-proof mesh screen or plastic tarpaulin while
in transit from the production site to the packinghouse and while
awaiting packing. The tomatoes would have to be packed in insect-proof
cartons or containers, or covered with insect-proof mesh or plastic
tarpaulin, for transit into the United States. These safeguards would
have to remain intact until arrival in the United States or the
shipment would not be allowed to enter the United States.
During the time the packinghouse is in use for exporting fruit to
the United States, the packinghouse could accept fruit only from
registered approved production sites.
The exporting country's NPPO would be responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of tomatoes would have to be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These

[[Page 6013]]

tomatoes were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the
requirements.'' The shipping box would have to be labeled with the
identity of the production site.

Medfly-Free Areas

We would allow tomatoes grown in a Medfly-free area to be imported
under conditions less stringent than those described above for tomatoes
grown in areas where Medfly is present. The tomatoes would have to be
grown and packed in an area that APHIS has determined to be free of
Medfly in accordance with the procedures described in Sec. 319.56-
2(f); currently, the Department of Peten in Guatemala is the only
Medfly-free area in the Central American countries covered by this
proposed rule.
For the tomato fruit borer, pea leafminer, and potato spindle tuber
viroid, the production site would have to be inspected prior to harvest
and if any of these pests or any other quarantine pests are found to be
generally infesting the production site, the NPPO would not allow
export from that production site until APHIS and the NPPO agree that
risk mitigation has been achieved. If the NPPO detects any quarantine
pests in the consignment, the shipment would be deemed ineligible for
export to the United States.
We would require that the tomatoes be packed in insect-proof
cartons or containers, or covered with insect-proof mesh or plastic
tarpaulin, for transit into the United States. These safeguards would
have to remain intact until arrival in the United States or the
shipment would not be allowed to enter the United States. These
measures would be necessary since, although the production area is
Medfly-free, the tomatoes would need to be protected against
infestation while in transit.
The exporting country's NPPO would be responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of tomatoes would have to be accompanied by a
phytosanitary certificate issued by the NPPO and bearing the
declaration, ``These tomatoes were grown in an area recognized to be
free of Medfly and the shipment has been inspected and found free of
the pests listed in the requirements.'' The shipping box would have to
be labeled with the identity of the production site.

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.
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 603 of the RFA, we have prepared an initial regulatory
flexibility analysis describing the expected impact of the changes
proposed in this document on small entities.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the
Secretary of Agriculture is authorized to regulate the importation of
plants, plant products, and other articles to prevent the introduction
of plant pests and noxious weeds.
We are proposing to amend the regulations governing the importation
of fruits and vegetables in order to allow pink and red tomatoes grown
in approved registered production sites in Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama to be imported into the
United States without treatment. The conditions to which the proposed
importation of tomatoes would be subject, including trapping, pre-
harvest inspection, and shipping procedures, are designed to prevent
the introduction of quarantine pests into the United States. This
action would allow for the importation of pink and red tomatoes from
those countries in Central America while continuing to provide protection
against the introduction of quarantine pests into the United States.

Central American Production and Exports

While agriculture is an important industry in the countries that
would be affected by this rule, it does not account for the largest
share of gross domestic product in any of the countries. Tomatoes do
not appear to be major crops in those Central American countries.
However, production and exports of tomatoes are following upward trends.
Tomato production in Central America has been steadily increasing
since the early 1960s. Over this period, production has increased
almost 300 percent. In conjunction with this increase in production,
exports of tomatoes from the region have also increased. Exports in
2003 were 42 times the exports in 1962. Between 1980 and 2003, exports
increased by 45 percent. From 1962 to 2003, exports of tomatoes to
countries within Central America accounted for 96 percent of total
exports. In more recent times, specifically the period between 1980 and
2003, this percentage has increased by 99 percent. Thus, the vast
majority of the tomatoes exported from any Central American country are
destined for another country within the same region.

U.S. Import Levels

U.S. imports of Central American tomatoes have fluctuated greatly
over the last 15 years.\2\ In fact, 2003 was the end of a 10-year
period during which the United States did not import tomatoes from any
Central American country. U.S. imports of fresh tomatoes principally
originate in Mexico, Canada, and the Netherlands, with Mexico being by
far the largest supplier.
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\2\ It is important to note here that this discussion refers to
imports of all varieties of tomatoes. Disaggregated data were not
available for this analysis.
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Although this proposed rule would allow for more liberal
importation of tomatoes from certain Central American countries, it is
unlikely that the proposed changes would lead to dramatic increases in
U.S. import levels from this region.

Effects on Small Entities

This proposed rule would affect domestic producers of tomatoes as
well as importers that deal with these commodities. It is likely that
the entities affected would be small according to Small Business
Administration (SBA) guidelines. As detailed below, information
available to APHIS indicates that the effects on these small entities
would not be significant.
Two alternatives to the proposed course of action are as follows:
Maintaining the status quo with respect to the importation of tomatoes
from these Central American countries (i.e., green tomatoes only) or
allowing importation without establishing the proposed risk mitigations.
The first alternative would maintain current safeguards against the
entry of quarantine pests. However, this option would also mean that
those specified Central American countries as well as the United States
would forgo the economic benefits expected to be afforded by the
proposed trade.
Allowing the importation of fresh tomatoes from certain Central
American countries under phytosanitary requirements less restrictive
than are proposed could potentially lead to the introduction of pests
not currently found in the United States. This option could result in
significant damage and costs to domestic production and is not
desirable for those reasons.

[[Page 6014]]

Affected U.S. tomato producers are expected to be small based on
the 2002 Census of Agriculture data and SBA guidelines for entities in
two farm categories: Other Vegetable (except Potato) and Melon Farming
(North American Industry Classification System [NAICS]
code 111219) and
Other Food Crops Grown Under Cover (NAICS code 111419). The SBA
classifies producers in these farm categories as small entities if
their total annual sales are $750,000 or less. APHIS does not have
information on the size distribution of domestic tomato producers, but
according to 2002 Census data, there were a total of 2,128,892 farms in
the United States.\3\ Of this number, approximately 97 percent had
total annual sales of less than $500,000 in 2002, which is well below
the SBA's small entity threshold for commodity farms.\4\ This indicates
that the majority of farms are considered small by SBA standards, and
it is reasonable to assume that most of the 19,539 tomato farms that
could be affected by the proposed rule would also qualify as small. In
the case of fruit and vegetable wholesalers (NAICS code 422480),\5\
those entities with fewer than 100 employees are considered small by
SBA standards.\6\ In 1997, there were a total of 4,811 fruit and
vegetable wholesale trade farms in the United States.\7\ Of these
farms, 4,610 or 95.8 percent employed fewer than 100 employees and were
considered small by SBA standards. Between 1997 and 2002, there is not
likely to have been substantial changes in the industry. Therefore,
domestic producers and importers that may be affected by this proposed
rule are predominantly small entities.
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\3\ This number represents the total number of farms in the
United States, thus including barley, buckwheat, corn, millet, oats,
rice, soybean, and sugarcane farms.
\4\ Source: SBA and 2002 Census of Agriculture.
\5\ Note that this NAICS code relates to the 1997 Economic
Census. The 2002 NAICS code for this group is 424480.
\6\ For NAICS 424480, SBA guidelines state that an entity with
not more than 100 employees should be considered small unless that
entity is a Government contractor. In this case, the size standard
increases to 500 employees. However, in this instance, it is fair to
assume that fruit and vegetable importers will not be under
Government contract since it is against regulations for imports to
be used in relevant Government programs (e.g. school lunch programs).
\7\ Source: SBA and 1997 Economic Census.
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Economic analysis of the expected increase in imports of tomatoes
from Central America shows that the proposed importation of this
commodity would lead to negligible changes in domestic prices. APHIS
estimates that an additional 13,092 metric tons of tomatoes may be
imported from Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua,
and Panama on a yearly basis. Using historical consumption data to
estimate an elasticity of demand for tomatoes, an increase in imports
of this size would result in a price decrease of $0.50 per
hundredweight (cwt) overall.

Table 1.--U.S. Supply, Utilization, and Farm Weight Price of Fresh Tomatoes, 2000-2005
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Supply Utilization Season-average price
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Year Constant
Production Imports Total Exports Domestic Per capita Current 2000
use dollars dollars
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(Million pounds) (Pounds) ($/cwt)
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2000............................................ 4,162.0 1,609.5 5,771.5 410.4 5,361.2 19.0 $30.70 $30.70
2001............................................ 4,061.1 1,815.6 5,876.7 398.2 5,478.5 19.2 30.00 29.30
2002............................................ 4,289.3 1,896.2 6,185.5 332.1 5,853.4 20.3 31.60 30.36
2003............................................ 3,909.8 2,070.7 5,980.5 314.1 5,666.4 19.5 36.70 34.62
2004............................................ 3,975.7 2,054.6 6,030.3 367.5 5,662.8 19.3 36.70 33.92
2005f........................................... 4,086.0 2,000.0 6,086.0 360.0 5,726.0 19.4 -- --
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Notes: --= not available, f = ERS forecast.
Source: USDA/ERS, ``Vegetables and Melons Yearbook,''
http://usda.mannlib.cornell.edu/data-sets/specialty/89011/.

For this analysis, it is assumed that imports of tomatoes from
Central America would compete with all fresh tomatoes produced
domestically. In 2004, U.S. fresh tomato production totaled 3,976
million pounds (table 1). APHIS estimates that an additional 13,092
metric tons (28.7 million pounds) of tomatoes would be imported from
Central America. These imports would account for only 0.7 percent of
domestic production in 2004 and 1.4 percent of 2004 imports. Given the
additional imports, it is possible that the domestic price would fall
by as much as $0.50 per cwt. In 2004, the average producer price was
$36.70 per cwt. Thus, the expected price decline would represent a 1.4
percent decline. However, this percentage is likely overstated because
the new imports would be close substitutes for tomatoes from other
countries. Imports from Central America would probably displace at
least some of those imports from other countries. This likely
substitution is not taken into account in the analysis.
In order to put this price change into perspective, we consider it
in terms of average revenue for small-entity tomato producers. Due to
the lack of data on tomato farming, it is difficult to determine an
accurate potential change in revenues for all producers. Averaging the
total drop in revenues across all firms would overstate the loss to
small producers while understating that for the larger ones. Data from
the 2002 Census of Agriculture were used to estimate tomato production
by small and large firms. This, in turn, was used to estimate revenues
for these two categories. An average revenue per firm was then
calculated. We conclude that any producer with fewer than 80 acres of
tomatoes may be considered small, based on industry yields and revenues
and the small-entity definition of not more than $750,000 in annual
revenue. For small-entity producers with fewer than 100 acres (the
reported category closest to 80 acres), a price change of $0.50 per cwt
would lead to an estimated per firm decline in annual revenue of $293,
or 1.6 percent. Given this small change and recalling that these
effects are likely overstated, domestic producers are not likely to be
significantly impacted by the proposed rule.
Although domestic producers may face slightly lower prices as a
result of the potential increase in the tomato supply, these price
changes are expected to be negligible. APHIS welcomes public comment on
these preliminary estimates. Domestic import firms, on the other hand,
may actually

[[Page 6015]]

benefit from more open trade with Central America resulting from
increased opportunities that could be made available as a result of
establishing new sources of tomatoes at a more advanced stage of
ripeness. In both instances, changes of the magnitude presented here
should not have large repercussions for either domestic producers or
importers of tomatoes.
This proposed rule contains information collection or recordkeeping
requirements (see ``Paperwork Reduction Act'' below).

Executive Order 12988

This proposed rule would allow pink and red tomatoes grown in
approved registered production sites in Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama to be imported into the
United States. If this proposed rule is adopted, State and local laws
and regulations regarding tomatoes imported under this rule would 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 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.

National Environmental Policy Act

To provide the public with documentation of APHIS' review and
analysis of the potential environmental impacts associated with the
importation of tomatoes from Central America, we have prepared an
environmental assessment. The environmental assessment, entitled
``Proposed Rule for the Importation of Tomatoes from Central America,''
was prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room (see ADDRESSES above for instructions
for accessing Regulations.gov and information on the location and hours
of the reading room). You may request paper copies of the environmental
assessment by calling or writing to the person listed under FOR FURTHER
INFORMATION CONTACT. Please refer to the title of the environmental
assessment when requesting copies.

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-
2006-0009. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0009, 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.
In this document, we are proposing to allow certain types of
tomatoes grown in approved registered production sites in Costa Rica,
El Salvador, Guatemala, Honduras, and Nicaragua to be imported into the
United States without treatment, under certain conditions. Those
conditions include trapping, pre-harvest inspection, and shipping
procedures designed to prevent the introduction of quarantine pests
into the United States. These precautions, along with other
requirements, would allow for the importation of tomatoes from those
countries in Central America while continuing to provide protection
against the introduction of quarantine pests into the United States.
Allowing tomatoes to be imported would necessitate the use of
certain information collection activities, including the completion of
pre-harvest inspections, phytosanitary certificates, and fruit fly
monitoring records.
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;
(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 0.0061148 hours per response.
Respondents: National plant protection organizations and growers.
Estimated annual number of respondents: 172.
Estimated annual number of responses per respondent: 26,081.
Estimated annual number of responses: 4,485,992.
Estimated total annual burden on respondents: 27,431 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.

Government Paperwork Elimination Act Compliance

The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

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 would continue to read as
follows:

[[Page 6016]]

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. Section 319.56-2dd would be amended by adding a new paragraph
(f) to read as follows:

Sec. 319.56-2dd Administrative instructions: conditions governing the
entry of tomatoes.

* * * * *
(f) Tomatoes (fruit) (Lycopersicon esculentum) from certain
countries in Central America. Pink or red tomatoes may be imported into
the United States from Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama only under the following conditions:
(1) From areas free of Mediterranean fruit fly:
(i) The tomatoes must be grown and packed in an area that has been
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in
accordance with the procedures described in Sec. 319.56-2(f) of this
subpart.
(ii) A pre-harvest inspection of the production site must be
conducted by the national plant protection organization (NPPO) of the
exporting country for pea leafminer, tomato fruit borer, and potato
spindle tuber viroid. If any of these pests are found to be generally
infesting the production site, the NPPO may not allow export from that
production site until the NPPO and APHIS have determined that risk
mitigation has been achieved.
(iii) The tomatoes must be packed in insect-proof cartons or
containers or covered with insect-proof mesh or plastic tarpaulin at
the packinghouse for transit to the United States. These safeguards
must remain intact until arrival in the United States.
(iv) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of tomatoes must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
tomatoes were grown in an area recognized to be free of Medfly and the
shipment has been inspected and found free of the pests listed in the
requirements.''
(2) From areas where Medfly is considered to exist:
(i) The tomatoes must be grown in approved registered production
sites. Initial approval of the production sites will be completed
jointly by the exporting country's NPPO and APHIS. The exporting
country's NPPO must visit and inspect the production sites monthly
starting 2 months before harvest and continuing through until the end
of the shipping season. APHIS may monitor the production sites at any
time during this period.
(ii) Tomato production sites must consist of pest-exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(iii) Registered sites must contain traps for the detection of
Medfly both within and around the production site as follows:
(A) Traps with an approved protein bait for Medfly must be placed
inside the greenhouses at a density of four traps per hectare, with a
minimum of two traps per greenhouse. Traps must be serviced on a weekly
basis.
(B) If a single Medfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to export tomatoes to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved.
(C) Medfly traps with an approved protein bait must be placed
inside a buffer area 500 meters wide around the registered production
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps.
These traps must be checked at least every 7 days. At least one of
these traps must be near the greenhouse. Traps must be set for at least
2 months before export and trapping must continue to the end of the
harvest.
(D) Capture of 0.7 or more Medflies per trap per week will delay or
suspend the harvest, depending on whether harvest has begun, for
consignments of tomatoes from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(E) The greenhouse must be inspected prior to harvest for pea
leafminer, tomato fruit borer, and potato spindle tuber viroid. If any
of these pests, or other quarantine pests, are found to be generally
infesting the greenhouse, exports from that production site will be
halted until the exporting country's NPPO and APHIS determine that the
pest risk has been mitigated.
(iv) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Medfly captures in addition to
production site and packinghouse inspection records. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS's review.
(v) The tomatoes must be packed within 24 hours of harvest in a
pest-exclusionary packinghouse. The tomatoes must be safeguarded by an
insect-proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. The tomatoes must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh
or plastic tarpaulin, for transit into the United States. These
safeguards must remain intact until arrival in the United States or the
consignment will be denied entry into the United States.
(vi) During the time the packinghouse is in use for exporting
tomatoes to the United States, the packinghouse may only accept
tomatoes from registered approved production sites.
(vii) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of tomatoes must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
tomatoes were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the
requirements.'' The shipping box must be labeled with the identity of
the production site.

Done in Washington, DC, this 31st day of January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-1553 Filed 2-3-06; 8:45 am]
BILLING CODE 3410-34-P

Notices For
2009
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2007
2006
2005
2004
2003
2002
2001
2000
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1996
1995
1994

Importation of Tomatoes From Certain Central American Countries

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