[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10409]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 93-101-1]

 

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow a number of previously prohibited 
fruits and vegetables to be imported into the United States from 
certain parts of the world. All of the fruits and vegetables, as a 
condition of entry, would be subject to inspection, disinfection, or 
both, at the port of first arrival as may be required by a U.S. 
Department of Agriculture inspector. In addition, some of the fruits 
and vegetables would be required to undergo prescribed treatments for 
fruit flies or other injurious insects as a condition of entry, or to 
meet other special conditions. This proposed action would provide the 
United States with additional kinds and sources of fruits and 
vegetables while continuing to provide protection against the 
introduction and dissemination of injurious plant pests by imported 
fruits and vegetables.
    We are also proposing to make several minor changes to the 
regulations for the sake of clarity.

DATES: Consideration will be given only to comments received on or 
before June 1, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-101-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Cooper or Mr. Peter 
Grosser, Senior Operations Officers, Port Operations, Plant Protection 
and Quarantine, APHIS, USDA, room 635, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-8295.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 319.56 through 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 injurious insects that 
are new to or not widely distributed within and throughout the United 
States.
    We are proposing to amend the regulations to allow additional 
fruits and vegetables to be imported into the United States from 
certain parts of the world under specified conditions. The importation 
of these fruits and vegetables has been prohibited because of the risk 
that the fruits and vegetables could introduce injurious insects into 
the United States. We are proposing to allow these importations at the 
request of various importers and foreign ministries of agriculture, and 
after conducting pest risk analyses1 that indicate the fruits or 
vegetables can be imported under certain conditions without significant 
pest risk.
---------------------------------------------------------------------------

    \1\Information on these pest risk analyses and any other pest 
risk analysis referred to in this document may be obtained by 
writing to the person listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    All of the fruits and vegetables included in this document would be 
subject to the requirements in Sec. 319.56-6 of the regulations. 
Section 319.56-6 provides, among other things, that all imported fruits 
and vegetables, as a condition of entry, shall be subject to 
inspection, disinfection, or both, at the port of first arrival, as may 
be required by a U.S. Department of Agriculture (USDA) inspector to 
detect and eliminate plant pests. Section 319.56-6 also provides that 
any shipment of fruits and vegetables may be refused entry if the 
shipment is infested with fruit flies or other dangerous plant pests 
and an inspector determines that it cannot be cleaned by disinfection 
or treatment.
    Some of the fruits and vegetables proposed for importation would be 
required to undergo prescribed treatments for fruit flies or other 
insect pests as a condition of entry, or to meet other special 
conditions.
    The proposed conditions of entry, which are discussed in greater 
detail below, appear adequate to prevent the introduction and 
dissemination of injurious plant pests by the importation of fruits and 
vegetables from certain foreign countries and localities into the 
United States.

Subject to Inspection and Treatment Upon Arrival

    We are proposing to allow the following fruits and vegetables to be 
imported into the United States from the country or locality indicated 
in accordance with Sec. 319.56-6 and all other applicable requirements 
of the regulations:

------------------------------------------------------------------------
Country/locality      Common name      Botanical name    Plant part(s)  
------------------------------------------------------------------------
Argentina........  Artichoke, globe.  Cynara scolymus.  Immature flower 
                                                         head.          
Belize...........  Mint.............  Mentha spp......  Above ground    
                                                         parts.         
Indonesia........  Dasheen..........  Colocasia spp.,   Tuber.          
                                       Alocasia spp.,                   
                                       and Xanthosoma                   
                                       spp.                             
Jamaica..........  Ivy gourd........  Coccinia grandis  Fruit.          
                   Pointed gourd....  Trichosanthes     Fruit.          
                                       dioica.                          
Mexico...........  Tepeguaje........  Leucaena spp....  Fruit.          
Peru.............  Arugula..........  Eruca sativa....  Leaf and stem.  
                   Chervil..........  Anthriscus spp..  Leaf and stem.  
                   Lemongrass.......  Cymbopogon spp..  Leaf and stem.  
                   Mustard greens...  Brassica juncea.  Leaf.           
South Africa.....  Artichoke, globe.  Cynara scolymus.  Immature flower 
                                                         head.          
Spain............  Tomato...........  Lycopersicon      Green fruit.    
                                       esculentum.                      
------------------------------------------------------------------------

    We also propose to prohibit the entry of dasheen from Indonesia 
into Guam, to prevent the introduction of dasheen mosaic virus. Cartons 
in which dasheen from Indonesia are packed must be stamped ``Not for 
distribution in Guam.''
    Except for dasheen from Indonesia, pest risk analyses conducted by 
the Animal and Plant Health Inspection Service (APHIS) have shown that 
the fruits and vegetables listed above are not attacked by fruit flies 
or other injurious plant pests, either because they are not hosts to 
the pests or because the pests are not present in the country or 
locality of origin. In addition, we have determined that any other 
injurious plant pests that might be carried by the listed fruits or 
vegetables would be readily detectable by a USDA inspector. Therefore, 
the provisions in Sec. 319.56-6 concerning inspection, disinfection, or 
both, at the port of first arrival, appear adequate to prevent the 
introduction into the United States of injurious plant pests by the 
importation of these fruits and vegetables.

Subject to Inspection and Treatment Upon Arrival; Additional 
Conditions

    In addition to the fruits and vegetables listed above, we are 
proposing to allow the following fruits and vegetables to be imported 
into the United States. These commodities, like the fruits and 
vegetables mentioned above, would be imported into the United States in 
accordance with Sec. 319.56-6 and all other applicable requirements of 
the regulations. However, in order to prevent the spread of certain 
injurious plant pests, we are attaching additional conditions to their 
proposed importation. These additional conditions, which are explained 
below, appear to be adequate to prevent the introduction into the 
United States of injurious plant pests by the importation of these 
fruits and vegetables.
    Tomatoes from Spain. We are proposing to allow pink or red tomatoes 
(fruit) (Lycopersicon esculentum) from the Almeria province of Spain to 
be imported into the United States under certain conditions. Though 
pink and red tomatoes are a recorded host of the Mediterranean fruit 
fly (Medfly), which is known to occur in Spain, we have determined that 
tomatoes grown under certain conditions in the Almeria Province of 
Spain can be imported into the United States without presenting a 
significant risk of introducing Medfly. We believe the multiple 
safeguards discussed below would be adequate to guard against the 
introduction of Medfly with the pink or red tomatoes. (As shown in the 
list above, we are proposing to allow green tomatoes to be imported 
into the United States from all of Spain, subject only to requirements 
under Sec. 319.56-6 of the regulations and all other applicable 
requirements of the regulations.)
    We are proposing to allow pink or red tomatoes grown in the Almeria 
Province to be imported into the United States because Almeria is the 
only province the Spanish Government has agreed to regulate as follows. 
Pink or red tomatoes from Almeria could be shipped from Spain only from 
December 1 though April 30, and only if they were grown in greenhouses 
registered with and inspected by the Spanish Ministry of Agriculture, 
Fisheries, and Food (MAFF). Beginning 2 months prior to shipping and 
continuing through April 30, MAFF would be required to set and maintain 
Medfly traps baited with trimedlure inside the greenhouses at a rate of 
four traps per hectare. In all areas outside the greenhouses and within 
8 kilometers, including urban and residential areas, MAFF would be 
required to place Medfly traps at a rate of four traps per square 
kilometer. All traps would have to be checked every 7 days.
    Capture of a single Medfly in a registered greenhouse would 
immediately cancel exports from that greenhouse until the source of 
infestation is determined, all flies are eradicated, and measures are 
taken to preclude any future infestation. Capture of a single fly 
within 2 kilometers of a registered greenhouse would necessitate 
increasing trap density in order to determine whether there is a 
reproducing population in the area or if the single fly had been 
introduced accidentally. Capture of two flies within 2 kilometers of a 
registered greenhouse and within a 1-month time period would cancel 
exports from all registered greenhouses within 2 kilometers of the 
find, until the source of infestation is determined and all flies are 
eradicated.
    We would require pink or red tomatoes to be packed within 24 hours 
of harvest, to be safeguarded by a flyproof mesh screen or plastic 
tarpaulin in transit to the packing house and while awaiting packing, 
and to be packed in flyproof containers for transit to the airport and 
subsequent shipping to the United States.
    MAFF would be responsible for export certification inspection and 
issuance of phytosanitary certificates. The phytosanitary certificates 
would be required to bear the following declaration: ``These tomatoes 
were grown in registered greenhouses in Almeria Province in Spain.'' 
These phytosanitary certificates would be required to accompany any 
shipment of such tomatoes.

Treatment Required

    The fruits and vegetables listed below are attacked by the Medfly 
or other injurious insects, as specified below, in their country or 
locality of origin. Visual inspection cannot be relied upon to detect 
the insects, but the fruits and vegetables can be treated to destroy 
the insects. Therefore, we propose to allow these fruits and vegetables 
to be imported into the United States, or specified parts of the United 
States, only if they have been treated in accordance with the Plant 
Protection and Quarantine (PPQ) Treatment Manual, which has been 
incorporated by reference into the Code of Federal Regulations at 7 CFR 
300.1.
    In addition to requiring the treatment listed below for litchi 
imported from Taiwan, we also propose to prohibit its entry into 
Florida, to prevent introduction of the pest Eriophyes lichtii. Cartons 
in which litchi from Taiwan are packed must be stamped ``Not for 
distribution in FL.''
    We would revise the PPQ Treatment Manual to show that treatments 
are required as follows for the fruits and vegetables listed below:

------------------------------------------------------------------------
      Country           Common name, Botanical name, and plant part(s)  
------------------------------------------------------------------------
Ecuador.............  Blueberry, Vaccinium spp., Fruit.                 
                      Fumigation as follows for Medfly:                 
                      With methyl bromide at NAP--chamber or tarpaulin: 
                      32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 21    
                       deg.C (70  deg.F) or above, with minimum gas     
                       concentrations of:                               
                      26g (26 oz) at \1/2\ hour after fumigation begins.
                      22g (22 oz) at 2 hours after fumigation begins.   
                      21g (21 oz) at 3\1/2\ hours after fumigation      
                       begins.                                          
                      32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 18-   
                       20.5  deg.C (6569  deg.F), with minimum gas      
                       concentrations of:                               
                      26g (26 oz) at \1/2\ hour after fumigation begins.
                      22g (22 oz) at 2 hours after fumigation begins.   
                      19g (19 oz) at 3\1/2\ hours after fumigation      
                       begins.                                          
                      (Fruit must be at the indicated temperature at    
                       start of fumigation.)                            
Israel..............  Cactus, Opuntia spp., Fruit.                      
                      Fumigation as follows for Medfly:                 
                      With methyl bromide at NAP--chamber or tarpaulin: 
                      32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 21    
                       deg.C (70  deg.F) or above, with minimum gas     
                       concentrations of:                               
                      26g (26 oz) at \1/2\ hour after fumigation begins.
                      21g (21 oz) at 2 hours after fumigation begins.   
                      21g (21 oz) at 3\1/2\ hours after fumigation      
                       begins.                                          
                      (Fruit must be at the indicated temperature at    
                       start of fumigation.)                            
Mexico..............  Cherry, Prunus avium, Fruit.                      
                      Cold treatment as follows for fruit flies of the  
                       genus Anastrepha:                                
                      18 days at 0.55  deg.C (33  deg.F) or below.      
                      20 days at 1.11  deg.C (34  deg.F) or below.      
                      22 days at 1.66  deg.C (35  deg.F) or below.      
                      (Pulp of the fruit must be at or below the        
                       indicated temperature at time of beginning       
                       treatment.)                                      
Peru................  Blueberry, Vaccinium spp., Fruit.                 
                      Fumigation for Medfly as set forth above for      
                       blueberries from Ecuador.                        
Taiwan..............  Litchi, Litchi chinensis, Fruit.                  
                      Cold treatment as follows for fruit flies of the  
                       genus Bactrocera and for Conopomorpha sinensis:  
                      15 days at 1  deg.C (33.8  deg.F) or below.       
                      18 days at 1.39  deg.C (34.5  deg.F) or below.    
                      (Pulp of the fruit must be at or below the        
                       indicated temperature at time of beginning       
                       treatment.)                                      
Thailand............  Asparagus, Asparagus officinalis, Shoot.          
                      Fumigation as follows for Scirtothrips dorsalis:  
                      With methyl bromide at NAP--chamber or tarpaulin: 
                      40 g/m3 (2.5 lb/1000 ft3) for 2 hours at 26.5     
                       deg.C (80  deg.F) or above, with minimum gas     
                       concentrations of:                               
                      32g (oz) at \1/2\ hour after fumigation begins    
                      24g (oz) at 2 hours after fumigation begins       
                      48 g/m3 (3 lb/1000 ft3) for 2 hours at 21-26      
                       deg.C (70-79  deg.F), with minimum gas           
                       concentrations of:                               
                      38g (oz) at \1/2\ hour after fumigation begins.   
                      29g (oz) at 2 or hours after fumigation begins.   
                      64 g/m3 (4 lb/1000 ft3) for 2 hours at 15.5-20.5  
                       deg.C (60-69  deg.F), with minimum gas           
                       concentrations of:                               
                      48g (oz) at \1/2\ hour after fumigation begins.   
                      38g (oz) at 2 or hours after fumigation begins.   
                      (Fruit must be at the indicated temperature at    
                       start of fumigation.)                            
Uruguay.............  Plum, Prunus domestica, Fruit.                    
                      Cold treatment as follows for Medfly and fruit    
                       flies of the genus Anastrepha.                   
                      11 days at 0  deg.C (32  deg.F) or below.         
                      13 days at 0.55  deg.C (33  deg.F) or below.      
                      15 days at 1.11  deg.C (34  deg.F) or below.      
                      17 days at 1.66  deg.C (35  deg.F) or below.      
                      (Pulp of the fruit must be at or below. the       
                       indicated temperature at time of beginning       
                       treatment.)                                      
------------------------------------------------------------------------

    The treatments described above have been determined to be effective 
against the specified insects. This determination is based on research 
evaluated and approved by the Department. A bibliography and additional 
information on this research may be obtained from the Hoboken Methods 
Development Center, PPQ, APHIS, USDA, 209 River Street, Hoboken, NJ, 
07030.
    Fruits and vegetables required to be treated for fruit flies would 
be restricted to North Atlantic ports of arrival if treatment has not 
been completed before the fruits and vegetables arrive in the United 
States. Climatic conditions at North Atlantic ports are unsuitable for 
the fruit flies listed above. Therefore, in the unlikely event that any 
fruit flies escape before treatment, they will not become established 
pests in the United States. North Atlantic ports are: Atlantic Ocean 
ports north of and including Baltimore; ports on the Great Lakes and 
St. Lawrence Seaway; Canadian border ports on the North Dakota border 
and east of North Dakota; and, for air shipments, Washington, DC 
(including Baltimore-Washington International and Dulles International 
airports).
    Pest risk analyses conducted by APHIS have determined that any 
other injurious plant pests that might be carried by the fruits and 
vegetables listed above would be readily detectable by a USDA 
inspector. As noted, the fruits and vegetables would be subject to 
inspection, disinfection, or both, at the port of first arrival, in 
accordance with Sec. 319.56-6.

Use of Methyl Bromide

    Methyl bromide is currently in widespread use as a fumigant. It is 
prescribed as a treatment for three of the commodities included in this 
proposal (blueberries from Ecuador and Peru, cactus from Israel, and 
asparagus from Thailand). The environmental effects of using methyl 
bromide, however, are being scrutinized by international, Federal, and 
State agencies. The U.S. Environmental Protection Agency (EPA), based 
on its evaluation of data concerning the ozone depletion potential of 
methyl bromide, published a notice of final rulemaking in the Federal 
Register on December 10, 1993 (58 FR 65018-65082). This rulemaking 
freezes methyl bromide production at 1991 levels and requires the 
phasing out of domestic use of methyl bromide by the year 2001. APHIS 
is studying the effectiveness and environmental acceptability of 
alternative treatments to prepare for the eventual unavailability of 
methyl bromide fumigation. Our current proposal assumes the continued 
availability of methyl bromide for use as a fumigant for at least the 
next few years.

Miscellaneous

    We are also proposing to make several minor changes to the fruit 
and vegetable regulations for the sake of clarity. In Sec. 319.56-2t, 
we are proposing to clarify prohibitions on imports into the United 
States of ginger from the Cook Islands and dasheen from South Korea. 
For both commodities, we propose to specify that their packing 
containers be stamped with notices stating that the commodities are not 
to be distributed in certain areas of the United States. These areas 
are already listed in the regulations.
    Also in Sec. 319.56-2t, under the entries for Israel and Mexico, we 
are proposing to change the listed common name for Eruca sativa from 
``Garden rocket'' to ``Arugula.''

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 purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would amend the regulations governing the 
importation of fruits and vegetables by allowing a number of previously 
prohibited fruits and vegetables to be imported into the United States 
from certain foreign countries and localities under specified 
conditions. The importation of these fruits and vegetables has been 
prohibited because of the risk that they could introduce injurious 
plant pests into the United States. This proposed rule would revise the 
status of certain commodities from certain countries and localities, 
allowing their importation into the United States for the first time.
    Our proposed changes are based on biological risk analyses that 
were conducted by APHIS at the request of various importers and foreign 
ministries of agriculture. The risk analyses indicate that the fruits 
or vegetables listed in this proposed rule could, under certain 
conditions, be imported into the United States without significant pest 
risk. All of the fruits and vegetables, as a condition of entry, would 
be subject to inspection, disinfection, or both, at the port of first 
arrival as may be required by a USDA inspector. In addition, some of 
the fruits and vegetables in this proposal would be required to undergo 
mandatory treatment for fruit flies or other injurious insects as a 
condition of entry, or to meet other special conditions. Thus, our 
proposed action would provide the United States with additional kinds 
and sources of fruits and vegetables while continuing to provide 
protection against the introduction into the United States of injurious 
plant pests by imported fruits and vegetables.
    Of the fruits and vegetables proposed for importation into the 
United States, domestic production and related import information is 
available only for artichokes, asparagus, blueberries, sweet cherries, 
dasheens, plums, and pink and red tomatoes.
    We have used both published elasticities and price flexibilities to 
estimate the potential economic effects of allowing artichokes, 
asparagus, blueberries, sweet cherries, dasheens, plums, and pink and 
red tomatoes to be imported into the United States; both examine the 
relationship between changes in supply and subsequent changes in price.
    Domestic production and import information was not available for 
the other commodities that could be imported into the United States 
under this proposal, because these other commodities are not produced 
on a large scale domestically. We anticipate, therefore, that allowing 
these other commodities to be imported into the United States would not 
have a significant economic impact on domestic producers.

Artichokes

    In 1987, 67 domestic producers harvested artichokes; all but one 
were in California. It is likely that most of these producers would be 
classified as small entities using Small Business Administration (SBA) 
criteria (annual gross receipts of $0.5 million or less). In 1992, 
domestic producers harvested 118 million pounds of artichokes for the 
fresh market, with an estimated value of $39.2 million.
    This proposed rule would allow artichokes to be imported into the 
United States from Argentina and South Africa under certain conditions. 
Argentina produces approximately 165 million pounds of artichokes 
annually. We estimate that Argentina could export to the United States 
about 44,000 pounds of artichokes per year over the next three years. 
This volume of artichoke imports would constitute about 2.0 percent of 
current total imports to the United States, less than 0.10 percent of 
current domestic production, and less than 0.10 percent of the current 
total artichoke supply in the United States (domestic and imports).
    Assuming that a less than 0.10 percent increase in the supply of 
artichokes would lead to an approximately 0.12 percent decrease in the 
domestic price of artichokes (using the price elasticity for fresh 
vegetables, -0.320), we estimate that this increase in supply would 
result in a price decrease of about $0.038 per hundredweight (cwt), or 
$0.00038 per pound, from an original price of $33.40 per cwt. As a 
result of the price decrease, there could be a decrease in the total 
revenue of domestic artichoke producers of about $45,000, roughly 0.12 
percent of their total revenue of $39.2 million. We anticipate, 
therefore, that allowing artichokes to be imported into the United 
States from Argentina would not have a significant economic impact on 
domestic producers.
    Allowing artichokes to be imported from South Africa would have an 
even smaller impact on domestic producers. Production data for South 
Africa is not available. South Africa's total exports of artichokes 
were less than 2,000 pounds in 1991 and less than 700 pounds in 1992. 
Even if South Africa exported 2,000 pounds annually to the United 
States, which is unlikely, the price decrease would be negligible, as 
would be the decrease in total revenue. Therefore, allowing artichokes 
to be imported from South Africa also would not have a significant 
economic impact on domestic artichoke producers.

Asparagus

    In 1987, 3,033 domestic producers harvested asparagus. It is likely 
that most of these producers would be classified as small entities by 
SBA standards. In 1992, domestic producers harvested 135 million pounds 
of asparagus for the fresh market, with an estimated value of $116 
million.
    This proposed rule would allow asparagus to be imported into the 
United States from Thailand under certain conditions. In 1992, Thailand 
produced approximately 26.5 million pounds of asparagus and exported 
5.5 million pounds. Japan imported 80 percent of Thailand's asparagus 
exports (4.4 million pounds), with the remaining 20 percent imported by 
five other countries. Currently, there is no reported excess supply of 
asparagus in Thailand.
    We expect annual asparagus imports into the United States from 
Thailand would be minimal, possibly 220,000 pounds, as a result of this 
rule. This volume of asparagus would constitute about 0.38 percent of 
current total imports to the United States, about 0.16 percent of 
current domestic production, and about 0.11 percent of the current 
total asparagus supply in the United States.
    Assuming that an 0.11 percent increase in the supply of asparagus 
would lead to a decrease of about 0.36 percent in the domestic price of 
asparagus (using the price elasticity for fresh vegetables, -0.320), we 
estimate that this increase in supply would result in a price decrease 
of about $0.31 per cwt, or $0.0031 per pound, from an original price of 
$86.00 per cwt. As a result of the price decrease, there could be a 
decrease in total revenue of domestic asparagus producers of about 
$415,000, roughly 0.36 percent of the original total revenue of $116 
million. We anticipate, therefore, that allowing asparagus to be 
imported from Thailand would not have a significant economic impact on 
domestic asparagus producers.

Blueberries

    In 1987, 3,911 farms in 36 states harvested 109.4 million pounds of 
cultivated blueberries. Additionally, 501 farms in six of the same 
states harvested 32.6 million pounds of wild blueberries. It is likely 
that most of these producers would be classified as small entities by 
SBA standards. In 1992, domestic producers harvested 44.7 million 
pounds of blueberries for the fresh market, with an estimated value of 
$48.0 million.
    This proposed rule would allow blueberries to be imported into the 
United States from Ecuador and Peru under certain conditions. Blueberry 
production and export data are not available for either Ecuador or 
Peru. Blueberries are not a formal crop in either country; they only 
grow wild. There is limited local consumption near the production 
areas. We anticipate that an insignificant amount of blueberries, if 
any, would be exported to the United States from either country as a 
result of this proposal. We anticipate, therefore, that allowing 
blueberries to be imported from Ecuador and Peru would not have a 
significant economic impact on domestic blueberry producers.

Sweet Cherries

    In 1987, 7,171 domestic producers harvested sweet cherries. It is 
likely that most of these producers would be classified as small 
entities by SBA standards. In 1992, domestic producers harvested 191 
million pounds of sweet cherries produced for the fresh market, with an 
estimated value of $115 million.
    This proposed rule would allow sweet cherries to be imported into 
the United States from Mexico. In 1992, Mexico produced approximately 
225,000 pounds of cherries, both sweet and sour. We anticipate that any 
cherry imports from Mexico as a result of this proposal would be 
minimal, since presently, most of Mexico's cherry production is 
consumed locally. However, in the unlikely event that Mexico exported 
into the United States 225,000 pounds of sweet cherries, it would 
constitute only about 4.9 percent of current total imports, about 0.12 
percent of current U.S. production and about 0.12 percent of the 
current total sweet cherry supply in the United States (domestic and 
imports).
    Assuming that an 0.12 percent increase in the supply of sweet 
cherries would lead to a decrease of about 0.054 percent in the 
domestic price (using the price flexibility for sweet cherries, 
-0.470), we estimate that this increase in supply would result in a 
price decrease of about $0.65 per ton, or $0.00032 per pound, from an 
original price of $1,200 per ton. As a result of the price decrease, 
there could be a decrease in total revenue of sweet cherry producers of 
about $62,000, which is roughly 0.054 percent of the original total 
revenue of $115 million. Therefore, we anticipate that allowing sweet 
cherries to be imported from Mexico would not have a significant 
economic impact on domestic sweet cherry producers.

Dasheen (Taro)

    In 1987, 191 domestic producers harvested taro, 187 in Hawaii. It 
is likely that most of these producers would be classified as small 
entities by SBA standards. In 1991, domestic producers harvested 7.0 
million pounds of taro for the fresh market, with an estimated value of 
$3.0 million.
    This proposed rule would allow taro to be imported into the United 
States from Indonesia. Production and export data for taro are not 
available for Indonesia. Taro consumption is limited mostly to the 
local areas, although Indonesia exports small quantities to Japan, Hong 
Kong, Korea, Malaysia, Singapore and Taiwan. We anticipate that very 
little, if any, taro would be exported to the United States as a result 
of this rule. We anticipate, therefore, that allowing taro to be 
imported from Indonesia would not have a significant economic impact on 
domestic taro producers.

Plums

    In 1987, 8,789 domestic producers harvested plums and prunes. It is 
likely that most of these producers would be classified as small 
entities by SBA standards. In 1992, domestic producers harvested 537 
million pounds of plums and prunes for the fresh market, with an 
estimated value of $67.7 million.
    This proposed rule would allow plums to be imported into the United 
States from Uruguay. Plum production and export data is not available 
for Uruguay, and we anticipate that an insignificant amount of plums 
would be exported to the United States as a result of this rule. 
Consequently, we anticipate that allowing plums to be imported from 
Uruguay would not have a significant economic impact on domestic plum 
producers.

Tomatoes

    In 1987, 14,542 domestic producers harvested tomatoes. It is likely 
that most of these producers would be classified as small entities by 
SBA standards. In 1992, domestic producers harvested 3.6 billion pounds 
of tomatoes for the fresh market, with an estimated value of $1.3 
billion.
    This proposed rule would allow pink and red tomatoes to be imported 
into the United States from the Almeria Province of Spain if they meet 
with the stringent growing and shipping requirements outlined above. 
Annual production in the Almeria Province of Spain averages between 4.4 
million and 6.6 million pounds. Spanish officials anticipate that 
annual tomato exports to the United States will range from 440,000 to 
660,000 pounds and will occur from December to April.
    If the volume of tomatoes to be imported from the Almeria Province 
were to reach 660,000 pounds, it would constitute about 0.15 percent of 
current total imports to the United States, about 0.018 percent of 
current domestic production and about 0.016 percent of the current 
total tomato supply in the United States (domestic and imports).
    Assuming that an 0.016 percent increase in the supply of tomatoes 
would lead to a decrease of about 0.046 percent in the domestic price 
(using the price flexibility for tomatoes, -0.355), we estimate that 
this increase in supply would result in a price decrease of about 
$0.017 per cwt, or $0.00017 per pound, from an original price of $36.30 
per cwt. As a result of the price decrease, there could be a decrease 
in total revenue of tomato producers of about $600,000, which is 
roughly 0.046 percent of the original total revenue of Sec. 1.3 
billion. Therefore, we anticipate that allowing pink or red tomatoes to 
be imported from Almeria, Spain would not have a significant economic 
impact on domestic tomato producers.
    The aggregate economic impact of this proposed rule is expected to 
be positive. U.S. consumers would benefit from a greater availability 
of fruits and vegetables. U.S. importers would also benefit from a 
greater availability of fruits and vegetables to import. It is not 
likely that any U.S. producers, large or small, of fruits and 
vegetables would be affected in a significant economic way by the 
easing of importation restrictions on these particular commodities.
    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 12778

    This proposed rule would allow certain fruits and vegetables to be 
imported into the United States from certain parts of the world. If 
this proposed rule is adopted, State and local laws and regulations 
regarding the importation of fruits and vegetables under this rule 
would be preempted while the fruits and vegetables are 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

    An environmental assessment and finding of no significant impact 
have been prepared for this proposed rule. The assessment provides a 
basis for the conclusion that the importation of fruits and vegetables 
under the conditions specified in this proposed rule would not present 
a significant risk of introducing or disseminating plant pests and 
would not have a significant impact on the quality of the human 
environment. Based on the finding of no significant impact, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (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 Guidelines 
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection at USDA, room 
1141, South Building, 14th Street and Independence Avenue SW., 
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, 
except holidays. In addition, copies may be obtained by writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, title 7, chapter III, of the Code of Federal 
Regulations would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 would be revised to read as 
follows:

    Authority: 7 U.S.C. 150ee, 161, 162; 7 CFR 2.17, 2.51, and 
371.2(c).

    2. In Sec. 300.1, paragraph (a) would be revised to read as 
follows:


Sec. 300.1  Materials incorporated by reference.

    (a) The Plant Protection and Quarantine Treatment Manual, which was 
revised and reprinted November 30, 1992, and includes all revisions 
through ______, has been approved for incorporation by reference in 7 
CFR chapter III by the Director of the Office of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 would continue 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).

    4. In Sec. 319.56-2t, the table would be amended by adding, in 
alphabetical order, the following:


Sec. 319.56-2t  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables.

* * * * * 

------------------------------------------------------------------------
Country/locality      Common name      Botanical name    Plant part(s)  
------------------------------------------------------------------------
Argentina........  Artichoke, globe.  Cynara scolymus.  Immature flower 
                                                         head.          
                                                                        
                              * * * * * * *                             
Belize:                                                                 
                                                                        
                              * * * * * * *                             
                   Mint.............  Mentha spp......  Above ground    
                                                         parts.         
                                                                        
                              * * * * * * *                             
Indonesia........  Dasheen..........  Colocasia spp.,.  Alocasia spp.,  
                                                         and            
and..............  .................  Xanthosoma spp..  Tuber           
                                                         (Prohibited    
                                                         entry into Guam
                                                         due to dasheen 
                                                         mosaic virus.  
                                                         Cartons in     
                                                         which dasheen  
                                                         is packed must 
                                                         be stamped     
                                                         ``Not for      
                                                         distribution in
                                                         Guam.'') .     
                                                                        
                              * * * * * * *                             
Jamaica:                                                                
                                                                        
                              * * * * * * *                             
                   Ivy gourd........  Coccinia grandis  Fruit.          
                                                                        
                              * * * * * * *                             
                   Pointed gourd....  Trichosanthes     Fruit.          
                                       dioica.                          
                                                                        
                              * * * * * * *                             
Mexico:                                                                 
                                                                        
                              * * * * * * *                             
                   Tepeguaje........  Leucaena spp....  Fruit.          
                                                                        
                              * * * * * * *                             
Peru:                                                                   
                   Arugula..........  Eruca sativa....  Leaf and stem.  
                                                                        
                              * * * * * * *                             
                   Chervil..........  Anthriscus spp..  Leaf and stem.  
                                                                        
                              * * * * * * *                             
                   Lemongrass.......  Cymbopogon spp..  Leaf and stem.  
                   Mustard greens...  Brassica juncea.  Leaf.           
                                                                        
                              * * * * * * *                             
South Africa.....  Artichoke, globe.  Cynara scolymus.  Immature flower 
                                                         head.          
                                                                        
                              * * * * * * *                             
Spain............  Tomato...........  Lycopersicon      Green fruit     
                                       esculentum.       (pink or red   
                                                         fruit from     
                                                         Almeria        
                                                         Province may be
                                                         imported only  
                                                         in accordance  
                                                         with Sec.      
                                                         319.56-2cc).   
------------------------------------------------------------------------

* * * * *
    5. In Sec. 319.56-2t, the table would be amended for the Cook 
Islands and South Korea entries, under the heading Plant Part(s), by 
adding a sentence to each as follows:


Sec. 319.56-2t  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables.

* * * * * 

------------------------------------------------------------------------
Country/locality      Common name      Botanical name     Plant part(s) 
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Cook Islands:                                                           
                                                                        
                              * * * * * * *                             
                   Ginger...........  ***.............  *** Cartons in  
                                                         which ginger is
                                                         packed must be 
                                                         stamped ``Not  
                                                         for            
                                                         distribution in
                                                         PR, VI, or     
                                                         Guam.'')       
                                                                        
                              * * * * * * *                             
South Korea:                                                            
                                                                        
                              * * * * * * *                             
Dasheen            ***..............  *** Cartons in                    
                                       which dasheen                    
                                       is packed must                   
                                       be stamped                       
                                       ``Not for                        
                                       distribution in                  
                                       Guam.'' .                        
------------------------------------------------------------------------

* * * * *
    6. In Sec. 319.56-2t, the table would be amended for the Israel and 
Mexico entries, under the heading Common name, by removing the word 
``Garden Rocket'' from both entries and adding ``Arugula'' in its place 
in both entries.
    7. In Sec. 319.56-2x, paragraph (a), the table would be amended by 
adding, in alphabetical order, the following:


Sec. 319.56-2x  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables for which treatment is required.

    (a) * * *

------------------------------------------------------------------------
Country/locality      Common name      Botanical name     Plant part(s) 
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Ecuador..........  Blueberry........  Vaccinium spp...  Fruit.          
                                                                        
                              * * * * * * *                             
Israel...........  Cactus...........  Opuntia spp.....  Fruit.          
                                                                        
                              * * * * * * *                             
Mexico...........  Cherry...........  Prunus avium....  Fruit.          
                                                                        
                              * * * * * * *                             
Peru.............  Blueberry........  Vaccinium spp...  Fruit.          
Taiwan...........  Litchi...........  Litchi chinensis  Fruit.(Prohibite
                                                         d entry into   
                                                         Florida due to 
                                                         Eriophyes      
                                                         litchii.       
                                                         Cartons in     
                                                         which litchi   
                                                         are packed must
                                                         be stamped     
                                                         ``Not for      
                                                         distribution in
                                                         FL'').         
                                                                        
                              * * * * * * *                             
Thailand.........  Asparagus........  Asparagus         Shoot.          
                                       officinalis.                     
Uruguay..........  Plum.............  Prunus domestica  Fruit.          
------------------------------------------------------------------------

* * * * *
    8. A new Sec. 319.56-2cc, would be added to read as follows:


Sec. 319.56-2cc  Administrative instructions: conditions governing the 
entry of pink or red tomatoes from Spain.

    (a) Pink or red tomatoes (fruit) (Lycopersicon esculentum) from 
Spain may be imported into the United States only under the following 
conditions:
    (1) The tomatoes must be grown in the Almeria Province of Spain in 
greenhouses registered with, and inspected by, the Spanish Ministry of 
Agriculture, Fisheries, and Food (MAFF);
    (2) The tomatoes may be shipped only from December 1 through April 
30, inclusive;
    (3) Two months prior to shipping, and continuing through April 30, 
MAFF must set and maintain Medfly traps baited with trimedlure inside 
the greenhouses at a rate of four traps per hectare. In all areas 
outside the greenhouses and within 8 kilometers, including urban and 
residential areas, MAFF must place Medfly traps at a rate of four traps 
per square kilometer. All traps must be checked every 7 days;
    (4) Capture of a single medfly in a registered greenhouse shall 
immediately cancel exports from that greenhouse until the source of 
infestation is determined, all flies are eradicated, and measures are 
taken to preclude any future infestation. Capture of a single fly 
within 2 kilometers of a registered greenhouse will necessitate 
increasing trap density in order to determine whether there is a 
reproducing population in the area or if the single fly has been 
introduced accidentally. Capture of two flies within 2 kilometers of a 
registered greenhouse and within a 1 month time period shall cancel 
exports from all registered greenhouses within 2 kilometers of the 
find, until the source of infestation is determined and all flies are 
eradicated;
    (5) The tomatoes must be packed within 24 hours of harvest. They 
must be safeguarded by a flyproof mesh screen or plastic tarpaulin 
while in transit to the packing house and while awaiting packing, and 
packed in flyproof containers for transit to the airport and subsequent 
shipping to the United States.
    (6) MAFF is responsible for export certification inspection and 
issuance of phytosanitary certificates. A phytosanitary certificate 
issued by MAFF and bearing the following declaration, ``These tomatoes 
were grown in registered greenhouses in Almeria Province in Spain,'' 
must accompany the shipment.
    (b) [Reserved]

    Done in Washington, DC, this 25 day of April 1994.
Patricia Jensen,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10409 Filed 4-29-94; 8:45 am]
BILLING CODE 3410-34-P