[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Proposed Rules]
[Pages 16700-16703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7088]


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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: Proposed rule.

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SUMMARY: We are proposing to amend 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 would have to be produced in accordance with a 
systems approach that would include requirements for packing, washing, 
and processing. Both commodities would 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 would 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: We will consider all comments that we receive on or before May 
24, 2011.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0101 to submit or view comments and 
to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2010-0101, 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-2010-0101.
    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: Mr. Phillip Grove, Regulatory 
Coordinator, PPQ, APHIS, 4700 River Road Unit 156, Riverdale, MD 20737-
1231; (301) 734-6280.

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 within the United States.
    The national plant protection organization (NPPO) of the Republic 
of Kenya has requested that the Animal and Plant Health Inspection 
Service (APHIS) amend the regulations to allow

[[Page 16701]]

French beans and runner beans from the Republic of Kenya to be imported 
into the United States. As part of our evaluation of Kenya's request, 
we prepared a pest risk assessment (PRA) and a risk management 
document. Copies of the PRA and the risk management document 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).
    The PRA, titled ``Importation of French Bean, Phaseolus vulgaris 
L., and Runner Bean, Phaseolus coccineus L., from Kenya into the United 
States: A Qualitative, Pathway-initiated Risk Assessment'' (February 
2009), evaluates the risks associated with the importation of French 
beans and runner beans into the United States from Kenya. The PRA and 
supporting documents identified ten pests of quarantine significance 
present in Kenya that could be introduced into the United States 
through the importation of French beans or runner beans. Eight of these 
pests were determined to have a high risk potential. These are 
Bactrocera cucurbitae, Chrysodeixis chalcites, Dacus ciliatus, 
Helicoverpa armigera, Liriomyza huidobrensis, Maconellicoccus hirsutus, 
Spodoptera littoralis, and Thaumatotibia leucotreta. Two of the pests 
were determined to have a medium risk potential: Lampides boeticus and 
Maruca vitrata.
    APHIS has determined that measures beyond standard port-of-entry 
inspection are required to mitigate the risks posed by these plant 
pests. Therefore, we are proposing to allow the importation of French 
beans and runner beans from Kenya into the United States and its 
territories only if they are produced in accordance with a systems 
approach.
    The systems approach would require that the commodity be packed in 
packing facilities that are approved and registered with Kenya's NPPO. 
Each shipping box would have to be marked with the identity of the 
packing facility so that shipments can be traced back to the facility 
in the event of the discovery of a pest.
    The beans would have to be washed in potable water, which will 
assist in removing any insects feeding on individual beans.
    We would require the beans to be inspected by the Kenyan NPPO and 
found to be free of quarantine pests before being exported to the 
United States. The pests Chrysodeixis chalcites, Helicoverpa armigera, 
Lampides boeticus, Maruca vitrata, and Spodoptera littoralis cause 
obvious feeding damage and frass on beans, allowing beans infested with 
these pests to be eliminated during packing. These pests are also 
relatively large and easily seen during inspection.
    In addition to causing obvious damage, Maconellicoccus hirsutus is 
a pink hibiscus mealy bug whose grayish-pink bodies are covered with 
mealy white wax and with white wax filaments projecting from the body, 
making the pest easily visible on infested beans. The pest Liriomyza 
huidobrensis is a leafminer whose mines are easily seen on bean leaves 
and pods, and therefore beans with damage caused by this pest can be 
culled during packing. Inspection is an effective mitigation for all 
the above pests.
    The pests Bactrocera cucurbitae, Dacus ciliatus, and Thaumatotibia 
leucotreta are internal feeders, and infestation by these pests cannot 
be easily detected by inspection of whole beans. Therefore, we are 
proposing to require each bean pod to 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 would not 
exceed 8 centimeters in length and 8.5 millimeters in diameter. Cutting 
the beans will expose any quarantine pests that may be present during 
inspection, while shredding the beans will both expose and destroy 
internal feeding pests. Cutting or splitting the beans also allows for 
the detection of any larvae that may be present during inspection.
    Only commercial consignments of French beans and runner beans would 
be allowed to be imported from Kenya. 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, could be of a variety 
with unknown susceptibility to pests, 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.
    Consignments of French beans and runner beans would also need to be 
accompanied by a phytosanitary certificate issued by Kenya's NPPO 
attesting that all APHIS phytosanitary requirements have been met and 
that the consignment was inspected and found free of quarantine pests.
    We would add these requirements to the regulations in a new Sec.  
319.56-51.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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 $12.60 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 1,663 
MT. Producer welfare could decline by $2.92 million and consumer 
welfare could increase by $3.35 million, yielding an annual net welfare 
gain of about $430,000.
    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 estimated to be only about $66, 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

[[Page 16702]]

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 would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow French beans and runner beans to be 
imported into the United States from Kenya. If this proposed rule is 
adopted, State and local laws and regulations regarding French beans 
and runner beans imported under this rule would be preempted while the 
vegetable is in foreign commerce. Fresh 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.

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-
2010-0101. Please send a copy of your comments to: (1) Docket No. 
APHIS-2010-0101, 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 the importation of French 
beans and runner beans from the Republic of Kenya into the United 
States under a combination of mitigations to reduce the risk of 
introducing a variety of pests. As a condition of entry, both 
commodities would have to be produced in accordance with a systems 
approach that would include requirements for packing, washing, and 
processing. Both commodities would 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.
    Implementing this proposed rule would require respondents to 
complete a phytosanitary certificate (foreign), register with 
packinghouses, and label boxes.
    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 0.333 hours per response.
    Respondents: Foreign officials, importers of French and runner 
beans.
    Estimated annual number of respondents: 2.
    Estimated annual number of responses per respondent: 1.5.
    Estimated annual number of responses: 3.
    Estimated total annual burden on respondents: 1 hour. (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. Add Sec.  319.56-51 to read as follows:


Sec.  319.56-51  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

[[Page 16703]]

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.

    Done in Washington, DC, this 21st day of March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-7088 Filed 3-24-11; 8:45 am]
BILLING CODE 3410-34-P