[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20181]


  Federal Register / Vol. 59, No. 158 / Wednesday, August 17, 1994 /
  
[[Page Unknown]]

[Federal Register: August 17, 1994]


                                                   VOL. 59, NO. 158

                                         Wednesday, August 17, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 94-035-2]

 

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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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 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 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 relieves 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.

EFFECTIVE DATE: August 17, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser or Mr. Frank E. 
Cooper, Senior Operations Officers, Port Operations, 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.
    On June 8, 1994, we published in the Federal Register (59 FR 29557-
29559, Docket No. 94-035-1) a document in which we proposed to amend 
the regulations to allow Fuji variety apples from Japan and the 
Republic of Korea to be imported into the United States under certain 
conditions. The importation of Fuji variety apples from Japan and the 
Republic of Korea has been prohibited because of the risk that they 
could introduce injurious insects into the United States. We proposed 
to allow importation at the request of those countries' ministries of 
agriculture and after determining that the apples could be imported 
under certain conditions without significant pest risk.
    We solicited comments on the proposed rule for a 30-day period 
ending on July 8, 1994. We received two comments by that date. In one, 
a foreign ministry of agriculture supported the proposal.
    In the other, a State department of agriculture expressed concerns 
regarding the possible spread into the United States of three fungal 
diseases (Diplocarpon mali, Monilinia mali, and Alternaria mali) known 
to affect apples in Japan and the Pacific rim. Two of the diseases are 
exotic to the United States and the other is known to occur only in the 
Southeastern United States. The commenter recommends that we conduct 
pest risk assessments for the three diseases in order to determine if 
mitigation measures are necessary.
    Prior to proposing to allow Fuji variety apples to be imported from 
Japan and the Republic of Korea, we assessed the risk of exotic pests 
being introduced into the United States on the apples. Based on this 
assessment, we believe that the risk of the three fungal diseases 
spreading into the United States will be mitigated by numerous factors. 
For instance, these three fungal diseases are primarily leaf pathogens 
and seldom infect fruit, unless inoculum pressures are high. 
Furthermore, the routine cultural practices for Fuji variety apple 
production in Japan and the Republic of Korea, such as orchard 
sanitation and the bagging of fruit, effectively suppress outbreaks of 
these diseases. Finally, we believe that the required inspections of 
the fruit following treatment in Japan or the Republic of Korea will 
allow us to easily identify fruit infected with any of the three fungal 
diseases and prevent its entry into the United States.
    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 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 amending 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 will 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 will 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This rule allows Fuji variety apples to be imported into the United 
States from Japan and the Republic of Korea under certain conditions. 
State and local laws and regulations regarding Fuji variety apples 
imported under this rule will be preempted while the fruit is in 
foreign commerce. Fresh apples 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

    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 final rule will be submitted for approval to the 
Office of Management and Budget.

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 is amended as follows:

PART 300--INCORPORATION BY REFERENCE

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

    Authority: 7 U.S.C. 150ee, 154, 161, 162, 167; 7 CFR 2.17, 2.51, 
and 371.2(c).

    2. In Sec. 300.1, paragraph (a) is 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 August 1994, 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 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).

    4. In Subpart--Fruits and Vegetables, a new Sec. 319.56-2cc is 
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 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) 
or (b) of this section.

    Done in Washington, DC, the 11th day of August 1994.
William S. Wallace,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-20181 Filed 8-16-94; 8:45 am]
BILLING CODE 3410-34-P