[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13889]


[[Page Unknown]]

[Federal Register: June 8, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 94-035-1]

 

Importation of Fuji Variety Apples From Japan and the Republic of 
Korea

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 Fuji variety apples from Japan 
and the Republic of Korea. As a condition of entry, the Fuji variety 
apples would have to be cold treated and fumigated for certain 
injurious insects in Japan or the Republic of Korea under the 
supervision of the Animal and Plant Health Inspection Service. The Fuji 
variety apples would also have to be inspected by the Animal and Plant 
Health Inspection Service and the national plant protection agency in 
Japan or the Republic of Korea prior to export. This action would 
relieve restrictions on the importation into the United States of Fuji 
variety apples from Japan and the Republic of Korea without presenting 
a significant risk of introducing injurious insects into the United 
States.

DATES: Consideration will be given only to comments received on or 
before July 8, 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. 94-035-1. 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. Peter M. Grosser or Mr. Frank E. 
Cooper, Senior Operations Officers, 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) prohibit or restrict the importation into the 
United States of fruits and vegetables 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.
    Currently, the regulations do not allow the importation of Fuji 
variety apples from Japan and the Republic of Korea. However, the 
agricultural ministries of those countries have recently requested that 
the Animal and Plant Health Inspection Service (APHIS) allow Fuji 
variety apples to be imported into the United States.
    Several plant pest, including the peach fruit moth (Carposina 
niponensis), the yellow peach moth (Conogethes punctiferalis), the 
fruit tree spider mite (Tetranychus viennensis), and the kanzawa mite 
(T. kanzawai), are known to attack Fuji variety apples in Japan and the 
Republic of Korea. If introduced into the United States, these pests 
would represent a serious threat to domestic fruit crops. Therefore, we 
are proposing to allow Fuji variety apples to be imported into the 
United States from Japan and the Republic of Korea only if they are 
cold treated and fumigated prior to export from Japan or the Republic 
of Korea.
    The cold treatment would be carried out at the packing house while 
the apples were still in the wooden or plastic field bins in which they 
are collected at harvest. To offer a measure of flexibility to 
exporters in Japan and the Republic of Korea, we would allow the 
fumigation to be conducted either at the packing house, while the 
apples are still in their field bins, or at the port of export, after 
the apples have been packaged in cartons. The treatments, which would 
have to be conducted under APHIS supervision, would be as follows:

    Treatment for Carposina niponensis, Conogethes punctiferalis, 
Tetranychus viennensis, and T. kanzawai:
    1. Cold treatment in wooden or plastic field bins:

40 days at 1.1  deg.C (34  deg.F) or below

    2. Followed by fumigation with methyl bromide at normal 
atmospheric pressure (NAP) in a chamber or under tarpaulin:
    a. With apples in wooden or plastic field bins; maximum load 
factor 50 percent or less:

48 g/m\3\ (3 lb/1000 ft\3\) for 2 hours at 10  deg.C (50  deg.F) or 
above, with minimum gas concentrations of:
44g (oz) at \1/2\ hour after fumigation begins
36g (oz) at 2 hours after fumigation begins or

    b. With apples in export cartons; maximum load factor 40 percent 
or less:

38 g/m\3\ (2.375 lb/1000 ft\3\) for 2 hours at 15  deg.C (59  deg.F) 
or above, with minimum gas concentrations of:
35g (oz) at \1/2\ hour after fumigation begins
29g (oz) at 2 hours after fumigation begins

    Fuji variety apples treated in this manner would present an 
insignificant risk of introducing the peach fruit moth, the yellow 
peach moth, the fruit tree spider mite, and the kanzawa mite into the 
United States. Pest risk analyses conducted by APHIS have determined 
that any other injurious insects that might be carried by Fuji variety 
apples would be readily detectable by an inspector. Therefore, after 
the treatments described above have been completed, the Fuji variety 
apples would have to be inspected in Japan or the Republic of Korea by 
inspectors from APHIS and the national plant protection agency of the 
respective country; the apples would be subject to further disinfection 
if additional plant pests were found. The apples would also be subject 
to inspection and disinfection at the port of first arrival in the 
United States, as provided in Sec. 319.56-6.

Trust Fund Agreement

    We are proposing that APHIS' participation in the activities 
necessary for importation of Fuji variety apples be contingent upon the 
national plant protection agencies of Japan and the Republic of Korea 
each entering into a trust fund agreement with APHIS. These agreements 
would require each agency to pay, in advance of each shipping season, 
all costs that APHIS estimates it will incur in providing the necessary 
services in Japan or the Republic of Korea during that shipping season. 
These costs would include administrative expenses and all salaries 
(including overtime and the Federal share of employee benefits), travel 
expenses (including per diem expenses), and other incidental expenses 
incurred by the inspectors in performing the services.
    The agreements would require each national plant protection agency 
to deposit a certified or cashiers check with APHIS for the amount of 
these costs, as estimated by APHIS. If the deposit is not sufficient to 
meet all costs incurred by APHIS, the agreements would further require 
the agencies to deposit with APHIS a certified or cashiers check for 
the amount of the remaining costs, as determined by APHIS, before any 
additional Fuji variety apples would be treated or inspected. After a 
final audit at the conclusion of each shipping season, any overpayment 
of funds would be returned to the national plant protection agency that 
made the overpayment or held on account until needed, at that agency's 
option.

Department Not Responsible for Damage

    The proposed regulations would explain that the United States 
Department of Agriculture is not responsible for any damage that might 
be sustained by Fuji variety apples as a result of the prescribed 
treatment.

PPQ Treatment Manual

    We propose to add the cold treatment and fumigation for Fuji 
variety apples from Japan and the Republic of Korea to the Plant 
Protection and Quarantine Treatment Manual, which is incorporated by 
reference into the Code of Federal Regulations at 7 CFR part 300.

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.
    We are proposing to amend the Fruits and Vegetables regulations by 
allowing the importation of Fuji variety apples from Japan and the 
Republic of Korea.
    According to an estimate by the International Apple Institute, U.S. 
growers produced approximately 160 million pounds of Fuji apples in 
1993, about 1.5 percent of the total U.S. apple production for that 
year. It is likely that this estimate understates the amount of Fuji 
apples produced domestically, as Fuji acreage in California, 
Washington, and other States is expanding rapidly.
    About 75 percent of the Fuji variety apples grown in the United 
States are grown in California and Washington. In 1993, growers in 
California and Washington produced about 60 million pounds per State, 
while growers in other States produced a total of about 40 million 
pounds. Statistics on the number of domestic growers of Fuji apples and 
their sizes are not available.
    Most of the domestic production of Fuji apples is exported because 
demand, and consequently the price, for Fuji apples is quite low in the 
United States as compared to other countries, particularly in the 
Pacific Rim. Prices of $30 to $50 per 40-pound box (depending upon 
quality) are common in Hong Kong, Taiwan, and other Pacific Rim 
markets. Domestic buyers, however, have been paying less than half that 
price.
    Growers in the Republic of Korea produce annually about 923 million 
pounds of Fuji variety apples. APHIS estimates that about 220,000 to 
440,000 pounds of Fuji variety apples might be exported per year from 
the Republic of Korea to the United States. This estimate assumes the 
Republic of Korea's exports to the United States will approach levels 
currently exported to European countries.
    Japanese growers produce annually about 1.18 billion pounds of Fuji 
variety apples, just over half of Japan's total annual apple 
production. APHIS estimates that exports to the United States of all 
varieties of Japanese apples would probably never exceed 2.2 million 
pounds.
    It is unlikely that imports of Fuji variety apples from Japan and 
the Republic of Korea would reach the estimated levels above, due to 
the low demand and low price for Fuji variety apples in the United 
States. However, even if imports were to reach 2.6 million pounds (2.2 
million pounds from Japan and 440,000 pounds from the Republic of 
Korea), this would constitute less than 1.4 percent of domestic 
production of Fuji variety apples. Consequently, allowing Fuji variety 
apples to be imported from Japan and the Republic of Korea would not 
have a significant economic impact on domestic Fuji variety apple 
producers or other small entities.
    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 Fuji variety apples to be imported 
into the United States from Japan and the Republic of Korea under 
certain conditions. If this proposed rule is adopted, State and local 
laws and regulations regarding imported Fuji variety apples 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.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule will be submitted for approval to the 
Office of Management and Budget. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for APHIS, Washington, DC 20503. Please send a copy of your 
comments to: (1) Chief, Regulatory Analysis and Development, PPD, 
APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, and (2) Clearance Officer, OIRM, USDA, room 404-
W, 14th Street and Independence Avenue SW., Washington, DC 20250.

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 Subpart--Fruits and Vegetables, a new Sec. 319.56-2cc would 
be added to read as follows:


Sec. 319.56-2cc  Administrative instructions governing the entry of 
Fuji variety apples from Japan and the Republic of Korea.

    Fuji variety apples may be imported into the United States from 
Japan and the Republic of Korea only under the following conditions:
    (a) Treatment and fumigation. The apples must be cold treated and 
then fumigated, under the supervision of an Animal and Plant Health 
Inspection Service (APHIS) inspector, either in Japan or the Republic 
of Korea, for the peach fruit moth (Carposina niponensis), the yellow 
peach moth (Conogethes punctiferalis), the fruit tree spider mite 
(Tetranychus viennensis), and the kanzawa mite (T. kanzawai), in 
accordance with the Plant Protection and Quarantine Treatment Manual, 
which is incorporated by reference at Sec. 300.1 of this chapter.
    (b) APHIS inspection. The apples must be inspected upon completion 
of the treatments required by paragraph (a) of this section, prior to 
export from Japan or the Republic of Korea, by an APHIS inspector and 
an inspector from the national plant protection agency of Japan or the 
Republic of Korea. The apples shall be subject to further disinfection 
in the exporting country if additional plant pests are found prior to 
export. Imported Fuji variety apples inspected in Japan or the Republic 
of Korea are also subject to inspection and disinfection at the port of 
first arrival, as provided in Sec. 319.56-6.
    (c) Trust fund agreements. The national plant protection agency of 
the exporting country must enter into a trust fund agreement with APHIS 
before APHIS will provide the services necessary for Fuji variety 
apples to be imported into the United States from Japan or the Republic 
of Korea. The agreement requires the national plant protection agency 
to pay in advance of each shipping season all costs that APHIS 
estimates it will incur in providing services in Japan or the Republic 
of Korea during that shipping season. These costs include 
administrative expenses and all salaries (including overtime and the 
Federal share of employee benefits), travel expenses (including per 
diem expenses), and other incidental expenses incurred by APHIS in 
performing these services. The agreement requires the national plant 
protection agency to deposit a certified or cashiers check with APHIS 
for the amount of these costs, as estimated by APHIS. If the deposit is 
not sufficient to meet all costs incurred by APHIS, the agreement 
further requires the national plant protection agency to deposit with 
APHIS a certified or cashiers check for the amount of the remaining 
costs, as determined by APHIS, before APHIS will provide any more 
services necessary for Fuji variety apples to be imported into the 
United States from that country. After a final audit at the conclusion 
of each shipping season, any overpayment of funds will be returned to 
the national plant protection agency, or held on account until needed, 
at that agency's option.
    (d) Department not responsible for damage. The treatments 
prescribed in paragraph (a) of this section are judged from 
experimental tests to be safe for use with Fuji variety apples from 
Japan and the Republic of Korea. However, the Department assumes no 
responsibility for any damage sustained through or in the course of 
such treatment or by compliance with requirements under paragraph (a) 
of this section.

    Done in Washington, DC, the 3rd day of June 1994.
Alex B. Thiermann,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-13889 Filed 6-7-94; 8:45 am]
BILLING CODE 3410-34-P