[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4485]


  Federal Register / Vol. 59, No. 39 / Monday, February 28, 1994 /   
[Federal Register: February 28, 1994]


                                                    VOL. 59, NO. 39

                                          Monday, February 28, 1994
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 93-095-2]


Importation of Apples, Apricots, Peaches, Persimmons, 
Pomegranates, and Citrus From Sonora

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Fruits and Vegetables regulations by 
adding San Luis Rio Colorado to the list of definite areas in Sonora, 
Mexico, determined to be free from certain injurious insect pests and 
from which apples, apricots, grapefruit, oranges, peaches, persimmons, 
pomegranates, and tangerines may be imported without treatment for 
these pests. We have determined that this municipality is free from 
certain injurious insect pests known to occur in Mexico and known to 
attack these fruits. This action allows the importation of these fruits 
into the United States from San Luis Rio Colorado, in accordance with 
the regulations. We also are making other nonsubstantive changes for 
clarity.

EFFECTIVE DATE: February 28, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior 
Operations Officer, Port Operations Staff, Plant Protection and 
Quarantine, APHIS, USDA, room 632, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 319.56 through 319.56-8 (referred to below 
as the regulations) restrict the importation of fruits and vegetables 
to prevent the introduction and dissemination of certain injurious 
insects, including fruit and melon flies, that are new to or not widely 
distributed within and throughout the United States. Paragraphs (e) and 
(f) of Sec. 319.56-2 contain requirements for the importation of 
certain fruits and vegetables based on their origin in a definite area 
or district. The definite area or district must meet certain criteria, 
including criteria designed to ensure that the area or district is free 
from all or certain injurious insects. Paragraph (h) of Sec. 319.56-2 
lists municipalities in Sonora, Mexico, that are considered free of 
five listed insect pests: Ceratitis capitata, Anastrepha ludens, A. 
serpentina, A. obliqua, and A. fraterculus. Apples, apricots, 
grapefruit, oranges, peaches, persimmons, pomegranates, and tangerines 
from municipalities in Sonora, Mexico, listed in paragraph (h) may be 
imported into the United States without treatment for these five insect 
pests.
    In a document published in the Federal Register on August 25, 1993 
(58 FR 44779-44780, Docket No. 93-095-1), we proposed to add San Luis 
Rio Colorado to the list of municipalities in Sonora, Mexico, 
determined to be free from the five listed insect pests and from which 
apples, apricots, grapefruit, oranges, peaches, persimmons, 
pomegranates, and tangerines may be imported into the United States 
without treatment for these pests. We have determined that San Luis Rio 
Colorado meets all the criteria contained in Sec. 319.56-2 (e)(4) and 
(f).
    We solicited comments concerning our proposal for a 30-day comment 
period ending September 24, 1993. We received one comment by that date 
from a State agency. The commenter expressed concern regarding Mexican 
Government enforcement efforts to prevent the introduction of fruit 
flies into San Luis Rio Colorado and requested any pertinent 
information that we used in formulating the proposed rule.
    We have since responded to the commenter and have provided him with 
the pest risk assessment we used in adding San Luis Rio Colorado to the 
list of Sonoran municipalities considered to be free of fruit flies. As 
indicated in the pest risk assessment, the Mexican Government performs 
fruit fly trapping surveys adequate to detect any fruit fly infestation 
in San Luis Rio Colorado. The Mexican Government also maintains 
roadside inspection stations to prevent the introduction of fruit flies 
through incoming produce.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. Making this rule effective immediately will allow interested 
producers and others in the marketing chain to benefit from this 
additional source of fruit. Therefore, the Administrator of the Animal 
and Plant Health Inspection Service has determined that this rule 
should be effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866.
    The action allows the importation of apples, apricots, grapefruit, 
oranges, peaches, persimmons, pomegranates, and tangerines from San 
Luis Rio Colorado into the United States without treatment for the five 
listed insect pests. This action could increase imports of these 
articles into the United States, since import costs will be lowered 
through the elimination of treatment costs. The small entities that 
could be affected by this action include fumigators at the Mexican 
border, importers of the above-listed fruits, and domestic growers, 
distributors, and retailers of these fruits.
    The economic impact on these entities should be insignificant since 
the amount of fruit imported into the United States from San Luis Rio 
Colorado is expected to be very small.
    Based on available information, we anticipate that only imports of 
oranges, peaches, and possibly grapefruit may increase as a result of 
this rule. Further, if imports of oranges and peaches from Sonora and 
imports of grapefruit from Mexico in general were to increase 10 
percent from 1992 levels, this increase would amount to less than one 
percent of total U.S. production and less than one percent of total 
U.S. imports of these commodities. Consequently, we do not estimate any 
changes in prices or costs of fresh oranges, peaches, or grapefruit as 
a result of this rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This rule allows fruit to be imported into the United States from 
San Luis Rio Colorado, Mexico. State and local laws and regulations 
regarding fruit imported under this rule will be preempted while the 
fruit is in foreign commerce. Fresh fruits are generally imported for 
immediate distribution and sale to the consuming public, and will 
remain in foreign commerce until sold to the ultimate consumer. The 
question of when foreign commerce ceases in other cases must be 
addressed on a case-by-case basis. No retroactive effect will be given 
to this rule, and this rule will not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    The regulations in this subpart contain no new information 
collection or recordkeeping requirements under the Paperwork Reduction 
Act of 1980 (44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant 
Diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, 7 CFR part 319 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450; 21 U.S.C. 
136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 319.56-2  [Amended]

    2. In Sec. 319.56-2, paragraph (h) is amended by removing the eight 
semi-colons following each city name and by adding commas in their 
places and by adding the phrase ``San Luis Rio Colorado,'' immediately 
after ``Puerto Penasco,''.

    Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4485 Filed 2-25-94; 8:45 am]
BILLING CODE 3410-34-P