[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20989]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 93-101-2]

 

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are allowing 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, 
will 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 will 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 action will 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 making several minor changes to the regulations for the 
sake of clarity.

EFFECTIVE DATE: August 25, 1994.

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.
    On May 2, 1994, we published in the Federal Register (59 FR 22538-
22545, Docket No. 93-101-1) a document in which we proposed 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 those fruits and vegetables 
had been prohibited because of the risk that the fruits and vegetables 
could introduce injurious insects into the United States. We proposed 
to allow those importations at the request of various importers and 
foreign ministries of agriculture and after determining that the fruits 
or vegetables could be imported under certain conditions with 
insignificant pest risk. Also in the proposed rule, we proposed to make 
some minor changes to the regulations for the sake of clarity.
    We solicited comments on the proposed rule for a 30-day period 
ending on June 1, 1994. We received 50 comments by that date. One 
comment, from a State agricultural agency, supported the proposal. The 
other 49 comments, from fruit growers and distributors, State 
agricultural agencies, fruit growers' cooperative associations, and 
trade associations, opposed the proposal or some of its provisions and/
or made recommendations. We carefully considered all of the comments we 
received. They are discussed below.
    Comment: The treatments and other requirements proposed by the 
Animal and Plant Health Inspection Service (APHIS) for the various 
fruits and vegetables to be imported would be inadequate in preventing 
the introduction of exotic pests into the United States.
     Response: Prior to proposing that various fruits and vegetables be 
allowed into the United States, APHIS researches the pests, including 
diseases, afflicting those fruits and vegetables in their countries of 
origin. After reviewing the results of the research on the fruits and 
vegetables in this proposal, we are confident that the treatments and 
other requirements proposed as conditions of entry into the United 
States will be adequate to prevent the introduction of exotic plant 
pests.
    Comment: APHIS is proposing to use methyl bromide as a fumigant in 
the treatment of imported fruits and vegetables even though the 
Environmental Protection Agency (EPA), in a final rulemaking published 
in the Federal Register on December 10, 1993 (58 FR 65018-65082), has 
frozen methyl bromide production at 1991 levels and required the 
phasing out of domestic use of methyl bromide by the year 2001.
    Response: APHIS is aware of the EPA rulemaking on the use of methyl 
bromide. APHIS is studying the effectiveness and environmental 
acceptability of alternative treatments to prepare for the eventual 
unavailability of methyl bromide fumigation. Our current proposal, 
however, assumes the continued availability of methyl bromide for use 
as a fumigant for at least the next few years.
    Comment: APHIS should conduct periodic site inspections and 
treatment assessments at fruit and vegetable treatment facilities to 
ensure that phytosanitary requirements for imports are being followed.
    Response: Treatment facilities are certified and periodically 
inspected by APHIS.
    Comment: APHIS is proposing to allow tomatoes (Lycopersicon 
esculentum) to be imported into the United States from the Almeria 
province in Spain, where the tomato yellow leaf curl and gemini viruses 
are present. These viruses could be introduced into the United States 
through the importation of tomatoes from Almeria.
    Response: This rule will allow only tomato fruit from Almeria into 
the United States. Tomato fruit is not a vector of either virus.
    Comment: APHIS has proposed to require the Spanish Ministry of 
Agriculture, Fisheries, and Food (MAFF) to establish a Mediterranean 
fruit fly (Medfly) trapping program in order for tomatoes from Almeria, 
Spain, to be exported to the United States. MAFF would be required to 
begin trapping 2 months prior to the shipping season and continue 
trapping until the season's end. APHIS has agreed to allow MAFF to use 
the Nadel type trap.
    APHIS should require MAFF to use McPhail type traps as well as 
Nadel traps in order to better detect female flies (McPhail traps use a 
food lure and attract both male and female flies, while Nadel traps use 
a sex lure and attract male flies primarily).
    Also, possibly, APHIS should require MAFF to use ``sticky'' traps, 
which use a no-pest strip to trap flies, rather than Nadel traps, which 
use a pesticide. Sticky traps are more effective than Nadel traps. 
Also, APHIS should require MAFF to trap all year long. Though the 
climate in Almeria is dry and generally inhospitable to the Medfly, 
irrigation has altered the environment so that the Medfly might survive 
there year round, not just during the tomato growing season.
    Response: In the future, it may be prudent to require MAFF to use 
McPhail as well as Nadel traps around tomato screenhouses in Almeria. 
However, in extremely hot and arid climates, such as in Almeria, the 
food lure used in McPhail traps evaporates within a few days and the 
trap becomes ineffective. APHIS has yet to resolve this problem. We 
believe that the Nadel trap will effectively detect any Medfly 
infestations in Almeria, but we will continue to examine the 
possibility of requiring the use of the McPhail trap for supplemental 
trapping.
    In regard to possibly requiring that MAFF use ``sticky'' rather 
than Nadel traps in Almeria, tests conducted at our Hawaii Methods 
Development Station indicate that Nadel traps are as effective as 
``sticky'' traps in detecting Medfly infestations. Therefore, we will 
allow MAFF to use the Nadel trap.
    We will not require MAFF to trap for Medfly throughout the year in 
Almeria. In Almeria, when the tomato shipping season ends in April, the 
screenhouses are taken down and nothing is grown until the next season. 
As stated above, the climate is arid and hot and there is very little, 
if any, indigenous Medfly host material. Furthermore, tomatoes are 
grown several kilometers from residential areas, where there may be 
host material in the summer. We do not believe that there could be any 
Medfly infestation in the tomato growing areas in Almeria outside of 
the growing season and therefore will not require MAFF to trap for 
Medflies until 2 months prior to the season and through its end, as 
stated in the proposal.
    Comment: APHIS has not accurately characterized the potential 
economic impact on domestic growers of allowing the import of various 
fruits and vegetables. Specifically, APHIS has failed to note the 
significant economic impact on Florida tomato growers of allowing 
tomato imports from Almeria, Spain.
    Also, APHIS has underestimated the economic impact on California 
artichoke growers of allowing artichoke imports from Argentina and 
South Africa. Also, by using the price elasticity for fresh vegetables 
in general to determine the impact of artichoke imports on domestic 
artichoke prices, APHIS has underestimated the potential economic 
impact, especially on California growers.
    Response: Spanish officials estimate that tomato imports from 
Almeria into the United States will range from 440,000 to 660,000 
pounds. These imports will occur from December to April and overlap 
Florida's tomato season, which is November through June. If the volume 
of tomatoes to be imported from the Almeria Province were to reach 
660,000 pounds, it would constitute only about 0.039 percent of 
Florida's tomato production for the fresh market (estimated at 1.7 
billion pounds in 1993 by the National Agricultural Statistics 
Service). We anticipate, therefore, that the economic impact of these 
imports on Florida growers will not be significant.
    We continue to support our original contention (explained below) 
that allowing artichokes to be imported into the United States from 
Argentina and South Africa will not have a significant economic impact 
on domestic artichoke growers. A price elasticity specifically for 
artichokes is not available. Regardless, we anticipate that the maximum 
possible artichoke imports from Argentina will constitute less than 
one-tenth of one percent of both domestic production and domestic total 
supply. Moreover, California growers account for nearly all domestic 
artichoke production. Therefore, we anticipate that these imports will 
not have a significant economic impact on California growers.
    Comment: APHIS has proposed to allow ivy gourd (Coccinia grandis) 
from Jamaica to be imported into the United States without recognizing 
the pestiferous nature of ivy gourd. The State of Hawaii has declared 
ivy gourd to be a noxious weed and established a statewide eradication 
program.
    Response: We are adopting this provision of the proposal as part of 
the final rule without change, as we do not recognize the ivy gourd as 
a noxious weed under either the Federal Noxious Weed Act or the Federal 
Seed Act. Furthermore, we do not anticipate that ivy gourd from Jamaica 
will be imported to Hawaii.
    Comment: APHIS is proposing to allow the importation of dasheen 
(Colocasia spp., Alocasia spp., and Xanthosoma spp.) from Indonesia 
without sampling for exotic nematodes, thus risking the introduction of 
exotic nematodes into the United States.
    Response: In many tubers, including dasheen, parasitic nematodes 
produce symptoms through their feeding on the cellular contents of the 
plant; breakdown of tissue is followed by the invasion of secondary 
fungi and bacteria, causing necrotic lesions to develop. These necrotic 
and decayed tissues are obvious, visible symptoms that an inspector 
would look for during an inspection. Therefore, we continue to believe 
that, for dasheen, visual inspection is adequate to prevent the 
introduction of nematodes.
    Comment: APHIS is proposing to allow blueberries (Vaccinium spp.) 
to be imported from Ecuador and Peru into the United States after 
treatment only for Medfly. APHIS should not allow blueberries from 
Ecuador and Peru to be imported until they have undertaken 
entomological and pathological studies to determine whether other pests 
may be introduced by the imports.
    Response: Prior to proposing that blueberries from Ecuador and Peru 
be allowed into the United States, APHIS researched the pests 
afflicting blueberries in those countries. Results of that research 
indicated that blueberries may be imported into the United States after 
treatment only for Medfly with little or no risk of introducing exotic 
plant pests. We believe that visual inspection of the blueberries by 
APHIS upon arrival will detect the presence of any pests other than 
Medfly.
    Comment: APHIS has proposed to allow fresh litchi (Litchi 
chinensis) from Taiwan to be imported into the United States subject to 
cold treatment only for fruit flies of the genus Bactrocera and for the 
litchi fruit borer, Conopomorpha sinensis. Other exotic pests, not 
affected by this treatment, may be introduced, including those which 
infest litchi stems and leaves.
    Response: Prior to proposing that litchi from Taiwan be allowed 
into the United States, APHIS researched the pests afflicting litchi in 
Taiwan. Results of that research indicated that litchi from Taiwan may 
be imported into the United States after the prescribed cold treatment 
with little or no risk of introducing exotic plant pests. We believe 
that visual inspection of litchi by APHIS upon arrival will detect the 
presence of any pests other than those killed by the treatment. As for 
pests afflicting litchi roots and stems, APHIS will only allow litchi 
fruit into the United States; litchi stems and leaves will be 
prohibited from entering.
    Comment: The cold treatment proposed for litchi will not 
effectively eradicate infestations of fruit flies of the genus 
Bactrocera or the litchi fruit borer, Conopomorpha sinensis. 
Furthermore, APHIS needs to specify where cold treatment of fresh 
litchi from Taiwan will be conducted.
    Response: Research conducted by Taiwanese agricultural agencies, 
the results of which were reviewed and confirmed by USDA, show that the 
cold treatment proposed for litchi will effectively eradicate 
infestations of fruit flies of the genus Bactrocera and the litchi 
fruit borer, Conopomorpha sinensis. Also, the regulations under 
Sec. 319.56-2d require that fruit and vegetables requiring cold 
treatment as a condition of entry into the United States undergo cold 
treatment either prior to arriving in the United States or upon arrival 
at designated U.S. ports.
    Comment: Taiwanese litchi growers currently use pesticides not 
approved in the United States. Imported fresh litchi from Taiwan 
therefore may contain residues of these pesticides and pose a public 
health risk.
    Response: The United States Food and Drug Administration (FDA) 
samples and tests imported fruit and vegetables for pesticide residues. 
If residue of a pesticide unapproved in the United States is found in a 
shipment of imported fruit or vegetables, the shipment is denied entry 
into the United States.
    Comment: APHIS is proposing that cartons in which fresh litchi from 
Taiwan are packed must be stamped ``Not for distribution in FL,'' in 
order to prevent the introduction of the pest Eriophyes lichtii into 
Florida. This safeguard will be ineffective, as shipments of imported 
fresh litchi could be repacked upon arrival into the United States and 
then diverted into Florida through interstate commerce.
    Response: Fresh litchi from Taiwan could be repacked and diverted 
into Florida in violation of our regulations. We have no information, 
however, supporting or disproving the assertion that this will occur. 
We will make every effort to enforce this and all of our regulations. 
It would be impractical for APHIS not to promulgate a regulation simply 
because it might be violated.
    Comment: APHIS has not accurately characterized the potential 
economic impact on litchi growers in Florida of allowing fresh litchi 
to be imported from Taiwan into the United States.
    Response: Based on information recently provided in these comments 
and from elsewhere, we have determined that allowing fresh litchi to be 
imported into the United States from Taiwan may have a significant 
economic impact on litchi growers in Florida. We have performed a more 
detailed economic analysis, set forth below. However, APHIS has no 
authority to restrict trade based on its potential economic impact.
    Comment: APHIS should not allow fresh longan to be imported into 
the United States from Taiwan because of the potential introduction of 
exotic pests and the possible adverse economic impact on domestic 
longan producers.
    Response: Fresh longan fruit is not allowed to be imported into the 
United States from Taiwan under Sec. 319.56. We have not proposed to 
allow fresh longan fruit to be imported into the United States from 
Taiwan.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting, without change, the provisions 
of the proposal as a final rule.

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. 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.
    In accordance with 5 U.S.C. 601 et seq., we have performed a Final 
Regulatory Flexibility Analysis, set forth below, regarding the 
economic impact of this rule on small entities.
    This final rule will 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 rule will revise the status of 
certain commodities from certain countries and localities, allowing 
their importation into the United States for the first time.
    These revisions 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 rule, under certain conditions, may be 
imported into the United States without significant pest risk. All of 
the fruits and vegetables, as a condition of entry, will 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 will 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, this action will 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 to be allowed importation into the 
United States, domestic production and related import information is 
available only for artichokes, asparagus, blueberries, sweet cherries, 
dasheens, plums, pink and red tomatoes, and litchi.
    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 as 
a result of this action, 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 
will 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 rule will 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 about 44,000 pounds 
of artichokes per year over the next 3 years to the United States. This 
volume of artichoke imports will 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 will 
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 will not have a significant economic impact on 
domestic producers.
    Allowing artichokes to be imported from South Africa will 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 will 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 rule will 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 will 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 will 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 rule will 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, will be exported to the United States from either country as a 
resulted of this action. We anticipate, therefore, that allowing 
blueberries to be imported from Ecuador and Peru will 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 rule will 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 action will 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 will not have a significant 
economic impact on domestic sweet cherry producers.

Dasheen (Taro)

    In 1987, 191 domestic producers harvested dasheen, 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 dasheen for the fresh market, with an estimated value 
of $3.0 million.
    This rule will allow dasheen to be imported into the United States 
from Indonesia. Production and export data for dasheen are not 
available for Indonesia. Dasheen 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, dasheen will be exported to the United States as a 
result of this rule. We anticipate, therefore, that allowing dasheen to 
be imported from Indonesia will not have a significant economic impact 
on domestic dasheen 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 rule will 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 will 
be exported to the United States as a result of this rule. 
Consequently, we anticipate that allowing plums to be imported from 
Uruguay will 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 rule will 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 $1.3 billion. 
Therefore, we anticipate that allowing pink or red tomatoes to be 
imported from Almeria, Spain will not have a significant economic 
impact on domestic tomato producers.

Litchi

    In 1992, about 205 domestic producers harvested litchi. 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 685,000 pounds of litchi for the fresh market, with an 
estimated value of $1.1 million.
    This rule will allow fresh litchi to be imported into the United 
States from Taiwan under certain conditions. Taiwan produces 
approximately 217 million pounds of litchi annually. In 1993, Taiwan 
exported close to 15.5 million pounds of fresh litchi, mainly to Hong 
Kong, Canada, Japan, the Philippines, and Singapore. Exports increased 
substantially from 1992, when Taiwan exported only 6.6 million pounds 
of fresh litchi.
    APHIS anticipates that Taiwan could export as much as 21,000 pounds 
of fresh litchi into the United States in 1995; this would constitute 
only about 19.6 percent of current total imports of fresh litchi, 3.1 
percent of current domestic production, and 2.6 percent of current 
total litchi supply in the United States. If imports of fresh litchi 
from Taiwan remain at such small percentages of domestic production and 
total supply, the economic impact on domestic growers will not be 
significant.
    However, if imports increase to a level comparable to those of 
other importing countries (listed above), domestic growers will be 
impacted significantly; the amount of fresh litchi imported from Taiwan 
could exceed the amount produced domestically and prices could 
subsequently decline drastically as a result of the increased supply. 
Consumers, however, would benefit from the decreased price and the 
enhanced access to fresh litchi.
    The aggregate economic impact of this rule is expected to be 
positive. U.S. consumers will benefit from a greater availability of 
fruits and vegetables. U.S. importers will also benefit from a greater 
availability of fruits and vegetables to import. It is not likely that 
any U.S. fruit and vegetable producers or other small entities will be 
affected in a significant economic way by the easing of importation 
restrictions on these particular commodities.
    In the course of rulemaking, had we come across evidence indicating 
that importation of any of the concerned fruits or vegetables would 
pose a significant risk of plant pest introduction, we would have 
considered either developing alternative requirements regarding that 
importation or continuing to prohibit the importation of that fruit or 
vegetable. However, our initial pest risk assessments and our review of 
public comments on the proposal indicated that importation of any of 
the concerned fruit and vegetables would pose an insignificant risk of 
plant pest introduction.

Executive Order 12778

    This rule allows certain fruits and vegetables to be imported into 
the United States from certain parts of the world. State and local laws 
and regulations regarding the importation of fruits and vegetables 
under this rule will 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 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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment provides a basis for 
the conclusion that the importation of fruits and vegetables under the 
conditions specified in this rule will not present a risk of 
introducing or disseminating plant pests and will 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

    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 25, 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 Sec. 319.56-2t, the table is 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.,   Tuber           
                                       Alocasia spp.,    (Prohibited    
                                       and Xanthosoma    entry into Guam
                                       spp.              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.      
                                                         319.56-2dd).   
------------------------------------------------------------------------

* * * * *
    5. In Sec. 319.56-2t, the table is 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 is 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 is 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           
                                                         (Prohibited    
                                                         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. 319.56-2dd is added to read as follows:


Sec. 319.56-2dd  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 Mediterranean fruit fly (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 Medflies are eradicated, and measures 
are taken to preclude any future infestation. Capture of a single 
Medfly 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 Medfly has been 
introduced accidentally. Capture of two Medflies 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 Medflies 
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 19th day of August 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-20989 Filed 8-24-94; 8:45 am]
BILLING CODE 3410-34-P