[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50379-50386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24332]



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  Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / 
Rules and Regulations  

[[Page 50379]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 94-114-2]


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.

EFFECTIVE DATE: September 29, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Cooper or Mr. Peter 
Grosser, Senior Operations Officers, Port Operations, PPQ, APHIS, 4700 
River Road Unit 139, Riverdale, MD 20737-1236; (301) 734-8645.

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 24, 1995, we published in the Federal Register (60 FR 27428-
27437, Docket No. 94-114-1) a proposal to amend the regulations by 
allowing 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 had been 
prohibited because of the risk that the fruits and vegetables could 
introduce injurious insects into the United States. We proposed to 
allow these importations at the request of various importers and 
foreign ministries of agriculture, and after conducting pest risk 
assessments that indicated that the fruits or vegetables could be 
imported under certain conditions without significant pest risk.
    We solicited comments concerning our proposal for 30 days ending 
June 23, 1995. We received two comments by that date. They were from a 
State agency and an industry group. Both commenters had reservations to 
specific provisions of the proposed rule. The comments are discussed 
below by topic:

Papayas From Belize

    Comment: The Animal and Plant Health Inspection Service (APHIS) did 
not indicate in the proposal how it would ensure that cartons of 
papayas marked ``Not for importation into or distribution in HI'' would 
not enter Hawaii.
    Response: Papayas from Belize may not be imported into Hawaii. All 
importations into Hawaii from foreign countries are inspected by APHIS 
officials, and any papaya from Belize arriving in Hawaii would be 
seized or rejected. Belizean papayas shipped from the mainland United 
States would be intercepted by State of Hawaii Department of 
Agriculture inspectors, who routinely inspect cargo arriving from the 
mainland. The State inspectors would inform APHIS of the violation, and 
APHIS would seize the shipment and determine whether enforcement 
procedures should be initiated.

Ya Pears From the Peoples Republic of China

    Comment: APHIS has not indicated in the proposal how the conditions 
for the importation of Ya pears from China would be maintained. Also, 
China has not yet developed a program for pest-free areas for 
phytosanitary certification, and there is no indication that the 
current farming and packing practices will lend themselves to the 
incorporation of a systems approach to attain pest-free status. Should 
the proposed conditions not be met, what resources does APHIS have to 
detect pests prior to dissemination in the United States?
    Response: The results of APHIS personnel visits to Hebei Province 
in China to study production and safeguarding procedures for Ya pears 
led us to propose the requirements explained in the proposal. We 
believe that the required safeguards will be observed by the Chinese. 
All shipments will be inspected at the U.S. port of arrival. Any 
findings of significant quarantine pests will be an indication that the 
required safeguards are not being applied adequately and will be cause 
for action by APHIS to ensure that corrective measures are taken. As is 
our practice, repeated findings of significant quarantine pests will be 
cause for prohibiting future shipments of the produce. In addition, 
APHIS intends to make periodic visits to the growing area in Hebei 
Province to monitor production and safeguarding procedures.
    Comment: The agency's pest risk assessment explains that some of 
the pathogens that attack pears in China differ from those in Japan and 
Korea. Therefore, the agency's experience with dealing with the disease 
risk involved in the importation into the United States of produce from 
Japan and Korea does not account for the added disease risks involved 
in the importation into the United States of Ya pears from China. The 
conditions, regulatory capabilities (infrastructure), and differing 
pests and diseases should be considered when assessing the pest risk of 
the importation into the United States of Ya pears from China. It 
should not be assumed by the agency that the systems approach can work 
for exports from every country.
    Response: The pest list does differ between Japan, Korea, and 
China. 

[[Page 50380]]
Although the lists are different, we believe that the safeguards are 
sufficient to exclude the pests that could ordinarily move with the 
fruit.
    Comment: The pest risk assessment for Ya pears from China indicates 
that Alternaria alternata, brown rot, and pear scab are present in 
China and could be introduced into the United States through the 
importation of Ya pears. Therefore, APHIS should not allow the 
importation of Ya pears from China until a detailed plan to prevent the 
introduction and dissemination of these diseases has been developed and 
reviewed.
    Response: Alternaria alternata is considered a cosmopolitan 
organism and is widespread within the United States. As such, it falls 
outside of the scope of the regulatory authority of APHIS. Alternaria 
gaisen, considered by some mycologists to be part of the Alternaria 
alternata species complex, does infect sandpear fruits; however, 
bagging of the fruits, which will be required for Ya pears imported 
into the United States from China, prevents infection. In addition, 
studies in Japan and the United States have shown that the fungus only 
sporulates in cracked fruits; therefore, we expect it to sporulate only 
in cracked fruits in China also. Cracked fruits are clearly visible and 
will be excluded from shipping during packing house operations.
    Brown rot and pear scab are reported in China. The bagging of the 
fruits prevents infection, and the culling and inspections of the fruit 
in the packing house will exclude from shipping fruits that show signs 
of rot or scabbing.

Grapes From India

    We received one comment concerning the pest risk assessment for 
grapes from India. In addition, since the publication of the proposed 
rule, new information has become available that indicates that grapes 
from India are attacked by a fruit fly, Bactrocera correcta, which is 
not found in the United States. At present, there is no acceptable 
quarantine treatment for this fruit fly. Therefore, we are taking no 
action at this time to allow grapes from India to be imported into the 
United States, and the provisions found in the proposed rule concerning 
grapes from India are not included in this final rule.

Litchi From Peoples Republic of China

    Comment: The litchi proposed for importation into the United States 
from China presents a risk of introducing Peronophythora litchii, which 
is difficult to detect visually and would present a pest risk to the 
domestic tomato industry. APHIS should review this pest risk more 
thoroughly before allowing the importation of litchi. Also, there are 
no cold treatment facilities on the west coast of the United States 
authorized to perform the cold treatment designated in the proposed 
rule for litchi. Where will APHIS require that the cold treatment be 
performed? Will irradiation be allowed?
    Response: Peronophythora litchii causes a white cottony mold to 
appear on infected fruit. As this mold is quite evident, inspectors can 
easily identify infected fruit and exclude them from shipping during 
the packing process. Although this fungus has caused serious losses in 
Taiwan and China during favorable years for the disease, no field 
infections on other crops have been reported.
    We anticipate that litchi from China and from India will undergo 
cold treatment en route to the United States aboard ships with cold 
treatment facilities approved by APHIS. APHIS continues to encourage 
the development of alternative treatments and will consider irradiation 
treatment for litchi when procedures and schedules are presented for 
study.

Lettuce From Israel

    Comment: APHIS has not indicated how it will ensure that all of the 
provisions included in the proposal concerning the importation of 
lettuce from Israel into the United States are carried out. Also, in 
the event that the proposed procedures are not followed, APHIS has not 
indicated the level of resources necessary and available to inspect the 
product for pests prior to importation into the United States.
    Response: The Israeli Ministry of Agriculture will certify on a 
phytosanitary certificate that the specified conditions have been met. 
Inspection at the port of entry will also serve to determine whether 
the conditions were carried out. If pests are found, actions will be 
taken on the affected shipment, and additional actions can be taken to 
correct, adjust, or modify the safeguards used to prevent pest 
infestation.
    Many variables can affect the level of resources APHIS can apply to 
any given program at any given time. APHIS intends to allocate the 
number of staff hours necessary to inspect Israeli lettuce to provide 
the level of inspection and enforcement required to protect U.S. 
agriculture. Apricots, Peaches, Plums, and Nectarines from Zimbabwe
    Comment: The proposed conditions for the importation of fruit from 
Zimbabwe do not adequately address the risk presented by pathogens 
reported to occur on peaches and nectarines in Zimbabwe. Additionally, 
there is a risk that Taphrina mume could be introduced into the United 
States on fruit imported from Zimbabwe.
    Response: No quarantine-significant pathogens that would move with 
the fruits from Zimbabwe were identified in the pest risk assessment. 
Taphrina mume has not been reported to occur in Zimbabwe or to infect 
peaches or nectarines.

Root Crops

    Comment: Because low-level nematode infestation cannot be readily 
detected by visual inspection, APHIS should more adequately address the 
potential for nematode introduction presented by imported root crops 
that could be planted or otherwise propagated.
    Response: We have long recognized that some products imported for 
consumption are capable of being propagated and that occasionally 
individuals, out of curiosity, may plant them. While we do not believe 
that the extent of this practice makes it a significant pest risk, we 
have in the past explored three ways of preventing this practice: (a) 
prohibit the importation of all commodities that could potentially be 
propagated, (b) treat all commodities capable of propagation with 
sprout inhibitor, or (c) devitalize the products prior to export. We 
believe that the first option, prohibition, should be applied only to 
products that pose pest risks that cannot be mitigated in other ways. 
We have experimented with the second option, using sprout inhibitors, 
but they do not offer sufficient quarantine security for high-risk 
products and are not registered for most products. The third option, 
devitalization, in most cases renders a product unacceptable for the 
fresh fruit and vegetable market.
    Countries are becoming more and more sophisticated in their 
production and phytosanitary practices; therefore, the quality of 
fruits and vegetables in general is increasing. Products are graded and 
inspected during packing and prior to export, and the products are 
inspected again upon arrival in the United States. All of this reduces 
the likelihood of a pest entering the United States. If a person 
chooses to try to propagate a commodity that has been imported into the 
United States, that person would likely choose the healthiest-looking 
material, thus further reducing the probability that a plant pest would 
be spread. We believe this limited degree of risk is insignificant. 

[[Page 50381]]


Trapping Program

    Comment: In the proposed rule, APHIS has not provided specifics on 
the Mediterranean fruit fly (Medfly) trapping program conducted within 
the designated Medfly-free districts. APHIS may want to provide 
additional discussion in the final rule substantiating the 
establishment of the pest free zone.
    Response: The Medfly trapping techniques, including the type of 
trap, type of lures, placement of trap, monitoring of trap, etc., used 
to establish the Medfly-free area in Belize are in accordance with 
written guidelines patterned after recommendations of the California 
Department of Food and Agriculture (CDFA) Pest Detection Guide. (To 
obtain a copy of the CDFA Pest Detection Guide, write to Dr. Isi A. 
Siddiqui, California Department of Food and Agriculture, 1220 N Street, 
Sacramento, CA 95814.) Compliance is routinely verified by APHIS 
personnel.

Treatment Required

    Comment: It is essential, given the possible economic impact of 
fruit fly introduction, that any required treatment be conducted at the 
point of origin, as opposed to the point of arrival, to ensure that 
none of the fruit flies are imported into the United States. Also, 
APHIS should cite its basis for the conclusion that climatic conditions 
at the port of Wilmington, NC, are unsuitable for the establishment of 
fruit flies.
    Response: APHIS encourages cold treatments in the country of origin 
or en route to the United States aboard vessels with approved cold 
treatment facilities. However, our experience shows that cold 
treatments can be successfully carried out at U.S. ports of arrival 
without significant risk of fruit fly escape. Therefore, three options 
are usually available for cold treated fruit: treatment in the country 
of origin, treatment en route to the United States, and treatment upon 
arrival in the United States.
    When we approved cold treatment at Wilmington, NC, in a final rule 
published in the Federal Register on August 10, 1994 (59 FR 40794-
40797, Docket No. 93-121-3), we imposed additional safeguards not 
required for cold treatment at more northern locations. A detailed 
explanation of the additional conditions appears in the preamble of the 
proposed rule published in the Federal Register on May 13, 1994 (59 FR 
24968-24971, Docket No. 93-121-2). The additional conditions are:
    1. Bulk shipments (those shipments which are stowed and unloaded by 
the case or bin) of fruit arriving for cold treatment must be packaged 
in fruit fly-proof packaging that prevents the escape of adult, larval, 
or pupal fruit flies.
    2. Bulk and containerized shipments of fruit arriving at the port 
of Wilmington, NC, for cold treatment must be cold treated within the 
port, that is, the area over which the Bureau of Customs is assigned 
the authority to accept entries of merchandise, to collect duties, and 
to enforce the various provisions of the customs and navigation laws in 
force.
    3. Advance reservations for cold treatment space at the port of 
Wilmington, NC, must be made prior to the departure of a shipment from 
its port of origin.
    We believe that the conditions established for cold treatment at 
Wilmington, NC, including these additional conditions, are adequate to 
prevent the introduction of certain plant pests into the United States.

Pest Risk Assessments

    Comment: The pest risk assessments supporting this proposal appear 
to consist only of a cursory look at the interception histories and a 
brief review of the available literature. Approval of a number of the 
commodities proposed for entry should be postponed until additional 
review can take place.
    Response: We believe that the pest risk assessments performed and 
the safeguards proposed are adequate to prevent the introduction of 
pests by the commodities proposed for entry. In addition, APHIS is 
developing a more transparent pest risk assessment process to offer 
outside reviewers a clearer and more detailed explanation of how we 
determine pest risk, thereby enhancing public understanding of the pest 
risk involved with each commodity proposed for entry. This new pest 
risk assessment process follows the guidelines provided by the 
international plant protection organizations (e.g. North American Plant 
Protection Organization and United Nations' Food and Agricultural 
Organization) and will provide written documentation on the pest risk 
potential for organisms that rank high for the likelihood of 
introduction and establishment.
    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 with the changes noted above.

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 rule amends 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 had been prohibited 
because of the risk that they could have introduced injurious plant 
pests into the United States. This final rule revises the status of 
certain commodities from certain countries and localities, allowing 
their importation into the United States for the first time.
    These changes are based on pest risk assessments that were 
conducted by APHIS at the request of various importers and foreign 
ministries of agriculture. The pest risk assessments indicate that the 
fruits or vegetables listed in this rule can, under certain conditions, 
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. 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. Papayas from Belize 

[[Page 50382]]

    The United States produced 71.3 million pounds of papayas in 1993. 
Papayas are produced commercially on approximately 300 farms, the 
majority of which are in Hawaii. Nearly 65 percent of those farms are 
owned by individuals whose major occupation is not farming, while the 
balance are operated by individuals whose major occupation is farming. 
All of the farms are considered to be small entities according to Small 
Business Administration (SBA) size standards.
    The United States imported 31.3 million pounds of papayas, valued 
at $8,883,000, in 1993. Most of the imported papayas came from Mexico 
(66.6 percent), Jamaica (14.4 percent), and Belize (13.7 percent). The 
United States exported 16.7 million pounds of fresh papayas, worth 
$14,245,000, in 1993. The major importers were Japan (73.4 percent) and 
Canada (24.6 percent). Almost all exports of domestically grown papayas 
are from Hawaii, while all imports of foreign-origin papayas come into 
the continental United States.
    The total annual production of papayas in Belize is approximately 
4.5 million pounds. Its current exports account for about 4.2 million 
pounds. The additional amount expected to be exported to the United 
States will be approximately 300,000 pounds of fresh papayas. Even if 
all the available supply were exported to the United States, it will 
increase the U.S. supply of papayas by only about 0.34 percent. A 0.34 
percent increase in supply is unlikely to have any impact on prices or 
on producers or consumers.

Cantaloupes From Brazil

    The United States produced about 1,910 million pounds of 
cantaloupes, with a total value of $310 million, in 1993. Cantaloupes 
are produced commercially on about 7,500 farms, nearly 97 percent of 
which are considered to be small entities, according to SBA size 
standards. The United States is a net importer of cantaloupes. Imports 
totaled approximately 458 million pounds of cantaloupes. The major 
sources of imported cantaloupes include Mexico (32.8 percent), Honduras 
(26 percent), Costa Rica (17.5 percent), Guatemala (16 percent), and 
the Dominican Republic (2.8 percent). There were 116 million pounds of 
cantaloupes exported from the United States in 1993, of which nearly 95 
percent went to Canada, while about 4 percent went to Mexico.
    The commercial production of cantaloupe is in the infant stage in 
Brazil. Most of the Brazilian production is concentrated in the states 
of Rio Grande do Norte and Sao Paulo. Production occurs mainly during 
the months of October through March, while U.S. production occurs 
during the months of May through September. Thus, any export from 
Brazil will be supplementary to, rather than competitive with, the U.S. 
supply. Total production of cantaloupes in Brazil was about 5,000 
metric tons, or 11 million pounds, in 1994. Currently all cantaloupe 
production in Brazil is for domestic consumption. However, even if all 
Brazilian production were to be exported to the United States, the U.S. 
cantaloupe supply will increase by less than 0.5 percent. Because this 
final rule will allow the importation of cantaloupe from only part of 
Brazil--that area considered by APHIS to be free of the South American 
cucurbit fly--any increase in the U.S. cantaloupe supply will be even 
smaller. Such an increase will not be expected to impact U.S. producer 
prices.

Ya Pear From the Peoples Republic of China

    The United States produced 860,000 metric tons (1,895 million 
pounds) of pears in 1993. The United States is a net exporter of pears, 
having exported 244 million pounds and imported 143 million pounds in 
1993. Most of the pears imported into the United States came from Chile 
(57.3 percent), Argentina (30.4 percent), South Africa (6.1 percent), 
and New Zealand (3.9 percent). The main importers of U.S. pears are 
Canada (32.9 percent) and Mexico (34.9 percent), with the remaining 
quantities distributed among 45 destinations. There are approximately 
9,800 farms producing pears in the United States, about 98 percent of 
which are considered to be small entities, according to SBA size 
standards.
    China produced about 30,000 metric tons (or 66 million pounds) of 
Ya pears in 1993. It exported about 5,700 metric tons (or 12,562,800 
pounds). Exports are to several countries in Europe, the Middle East, 
and Southeast Asia. The Ya pears that will be imported from the Peoples 
Republic of China are of a different variety than pears produced in the 
United States; because they are considered to be different products, 
they are not expected to be competitive with domestically grown pears.

Litchi From the Peoples Republic of China

    The U.S. produced about 700,000 pounds of Litchi in 1993. There are 
205 farms that produced litchi, most of which are considered to be 
small entities according to SBA criteria.
    China produced approximately 27,000 metric tons (or 59.5 million 
pounds) of litchi in 1994, exporting about 25 percent (about 15 million 
pounds) of its production. Most of China's litchi exports went to 
several countries in Western Europe, the Middle East, and Southeast 
Asia, as well as to Canada. What proportion of China's domestic litchi 
production will be exported to the United States is not clear. In the 
event that a significant proportion of China's production is exported 
to the United States, U.S. producers will most likely be negatively 
impacted in the short run, since the increased supply will drive the 
market price of litchi down. U.S. consumers, on the other hand, will 
benefit from the lower price as well as the increased choice. In the 
long run, as a result of foreign competition in the U.S. litchi market, 
more competitive and cost-effective producers may emerge. Lower prices 
may also result in an increased demand for litchi. Which of these 
effects will outweigh the other cannot be stated definitely.

Basil From Ecuador and El Salvador

    The United States imported 5,397,091 pounds of fresh or dried basil 
in 1993 (the ratio of fresh to dried cannot be ascertained). The major 
sources of import were Egypt (77.7 percent), Mexico (16.1 percent), 
France (2.2 percent), and Taiwan (1.2 percent). No information was 
obtained on potential production and imports of basil from Ecuador and 
El Salvador.

Pak Choi From Jamaica

    There are no published data on the U.S. production of pak choi and 
no record of trade. Jamaica's current production of pak choi is 
estimated to be 3,825 metric tons (8.43 million pounds). Most 
production takes place between January and April. Although the exact 
amount that will be shipped to the United States is not known, 
approximately 50-75 percent of total production is expected to be 
exported to the United States. This is expected to expand the variety 
of choices available to vegetable consumers.

Chives From Israel

    Israel produces approximately 100 metric tons of chives. Production 
takes place mainly from October to the end of March. Currently about 95 
percent of production is exported to Europe. About 20 to 40 metric tons 
is expected to be exporter to the United States. Both producer prices 
and consumer prices will likely be unaffected by the importation of 
chives from Israel. 

[[Page 50383]]


Dill From Israel

    The United States imported 1,828,359 pounds of dill in 1993 (trade 
records do not clearly indicate whether the dill was fresh or dried). 
The major sources were India (68 percent), Pakistan (13.2 percent), 
Egypt (10 percent), Sweden (3.2 percent), and Turkey (2.5 percent). The 
United States is a net importer of dill. Israel produced about 520 
metric tons (1,146,000 pounds) of dill in 1994 and exported about 46 
metric tons of dill during the same period. Israel expects that it will 
export about 30 metric tons of dill to the United States within the 
next 3 to 5 years. Both producer prices and consumer prices will likely 
be unaffected by the importation of dill from Israel.

Lettuce From Israel

    Total U.S. production of head, leaf, and romaine lettuce in 1993 
was 3,756,350 metric tons (or 8,279 million pounds). There are 
approximately 2,660 producers of lettuce in the United States, about 97 
percent of which are considered to be small entities according to SBA 
size standards.
    The United States is a net exporter of lettuce. It imported 
32,738,000 pounds of lettuce in 1993, mainly from Mexico and Canada, 
which together accounted for 99.2 percent of the imports. The United 
States exported 693,354,000 pounds of lettuce in 1993. Canada received 
approximately 82 percent of those exports, while the remaining 
destinations were highly varied.
    Israel produced about 10 million pounds of insect-free lettuce, 
which is grown inside insect-proof screenhouses, during 1993. About 10 
percent of the production is exported to Europe and the rest is 
consumed domestically. The amount of lettuce that will be exported to 
the United States is expected to be about 1,600,000 pounds, which 
represents less than 0.02 percent of U.S. production. This amount will 
not have a significant impact upon U.S. market supply. Additionally, 
the marketing target for this lettuce, both in Israel's domestic market 
as well as in the export market, is the ultra-orthodox religious 
community, members of which will not consume lettuce produced in any 
other way. Importation of this specialty product is not expected to 
compete with domestic production. Both producer prices and consumer 
prices will likely be unaffected by the importation of insect-free 
lettuce from Israel.

Radishes From The Netherlands

    The United States produced about 122.4 million pounds of radishes 
in 1993. Radishes are produced on about 760 farms, all of which are 
considered to be small entities. The United States is a net importer of 
radishes and it imported 35,121,976 pounds of fresh and chilled (the 
proportion of fresh to chilled cannot be ascertained) radishes in 1993. 
Over 94 percent of these imported radishes came from Mexico and 5.5 
percent from Canada.
    The Netherlands currently produces about 68 million pounds of 
radishes. Exports are expected to increase in stages, from 1.1 million 
pounds in the first year, to 2.2 million pounds during the second year, 
to about 4.4 million pounds (about 3 percent of U.S. supply) the third 
year and thereafter. Exports of radishes are expected to be spread 
equally over a 12-month period, with no significant peak period.

Oca From New Zealand

    There is no known commercial production of oca in the United 
States. Additionally, there is no record of oca imports into the United 
States. Oca is a specialty crop and only minor production is carried on 
in New Zealand. Most production occurs between the months of March and 
October. Annual production is about 110,000 pounds. Current oca exports 
from New Zealand to the rest of the world equal about 440 pounds. 
Allowing the importation of oca from New Zealand into the United States 
will provide additional choice to vegetable consumers.

Apricots, Peaches, Plums, and Nectarines From Zimbabwe

    In 1993 the United States produced 87,430 metric tons (192.7 
million pounds) of apricots on 3,353 farms; 1,130,00 metric tons 
(2,490.6 million pounds) of peaches on 19,106 farms; 182,395 metric 
tons (402 million pounds) of nectarines on 2,488 farms; and 176,710 
metric tons (390 million pounds) of plums on 8,006 farms. About 98 
percent of these farms are considered to be small entities according to 
SBA size standards.
    The United States is a net exporter of all four of these 
commodities. Imports of these four commodities into the United States 
are largely from Chile, while most of the U.S. exports are destined for 
Canada, Mexico, Taiwan, Hong Kong, and the United Kingdom. Although 
relevant volume data is not available, the addition of Zimbabwe as a 
new trading partner in apricots, peaches, plums, and nectarines is 
unlikely to shift the favorable balance of trade that the United States 
currently enjoys for these four commodities.

Summary

    The United States produces large amounts of grapes, cantaloupes, 
pears, papayas and radishes. The importations of these and other listed 
commodities will likely increase supply. However, since potential 
imports will represent a very small proportion of the total domestic 
production of each product, no significant negative impact on U.S. 
producers is expected from such importations. Although increased supply 
generally results in lower prices, no information is currently 
available about the magnitude of price responses to changes in supply. 
Overall, the benefits to consumers of any resulting price decline will 
likely outweigh the small losses to producers. Additionally, 
importation of oca and pak choi will increase the availability of new 
products. Both oca and pak choi have a limited market and are unlikely 
to compete with other products. Similarly, the Ya pears and cantaloupes 
for importation are also unlikely to compete with other products. Ya 
pears are a different variety than any domestically produced pear, 
while cantaloupes from Brazil will be imported during the off season 
for U.S. cantaloupes. Other products such as basil and dill are very 
minor products. Some of these products are grown to supplement other 
farm income.
    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.
    The alternative to this final rule was to make no changes in the 
fruits and vegetables regulations. After consideration, we rejected 
this alternative since there was no pest risk reason to maintain the 
prohibitions on the affected produce.
    In the course of rulemaking, we came across evidence that indicated 
that the importation of grapes from India posed a significant risk of 
plant pest introduction, and, therefore, we are continuing to prohibit 
the importation of grapes from India. If we had come across evidence 
indicating that the importation of any of the other 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 pest risk assessments and our 
review of public comments on the proposal indicated that importation of 


[[Page 50384]]
any of the concerned fruits and vegetables other than grapes from India 
would not pose a significant risk of introducing or disseminating plant 
pests.

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 fruit is 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 significant 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' NEPA Implementing 
Procedures (7 CFR part 372).
    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 
individuals listed under FOR FURTHER INFORMATION CONTACT.
    The regulations of the Council on Environmental Quality that 
implement NEPA require preparation of environmental documentation for 
all actions that are not categorically excluded by agencies in 
accordance with 40 CFR 1501.4(b). In a final rule published by APHIS on 
February 1, 1995, and effective March 3, 1995, APHIS categorically 
excluded a number of actions for the purposes of NEPA. This rule meets 
the criteria for categorical exclusion. Accordingly, this rule 
(initiated prior to the effective date of the agency's NEPA 
procedures), as well as future amendments in this regulatory series, 
are categorically excluded.

Paperwork Reduction Act

    This 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, 7 CFR parts 300 and 319 are amended as follows:

PART 300--INCORPORATION BY REFERENCE

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


    Authority: 7 U.S.C. 150ee, 154, 161, 162, and 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; availability.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted 
November 30, 1992, and includes all revisions through September 1995, 
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, 2803, and 
2809; 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)   
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
Belize                                                                  
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Papaya.........  Carica papaya..  Fruit (Must be      
                                                     accompanied by a   
                                                     phytosanitary      
                                                     certificate issued 
                                                     by the Belizean    
                                                     department of      
                                                     agriculture stating
                                                     that the fruit     
                                                     originated in the  
                                                     district of Cayo,  
                                                     Corozal, or Orange 
                                                     Walk. Papayas from 
                                                     other districts    
                                                     enterable only with
                                                     treatment--see Sec.
                                                      319.56-2x).       
                                                     Prohibited entry   
                                                     into Hawaii due to 
                                                     Toxotrypana        
                                                     curvicauda. Cartons
                                                     in which fruit is  
                                                     packed must be     
                                                     stamped ``Not for  
                                                     importation into or
                                                     distribution within
                                                     HI.''              
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Ecuador                                                                 

[[Page 50385]]
                                                                        
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Basil..........  Ocimum spp.....  Above ground parts. 
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
El Salvador.....  Basil..........  Ocimum spp.....  Above ground parts. 
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Israel                                                                  
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Chives.........  Allium           Leaf.               
                                    schoenoprasum.                      
                  Dill...........  Anethum          Above ground parts. 
                                    graveolens.                         
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Jamaica                                                                 
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Pak choi.......  Brassica         Leaf and stem.      
                                    chinensis.                          
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Netherlands.....  Radish.........  Raphanus         Root.               
                                    sativus.                            
New Zealand                                                             
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Oca............  Oxalis tuberosa  Tuber.              
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------


    5. In Sec. 319.56-2u, the section heading is revised and paragraph 
(a) is added to read as follows:


Sec. 319.56-2u  Conditions governing the entry of lettuce and peppers 
from Israel.

    (a) Lettuce may be imported into the United States from Israel 
without fumigation for leafminers, thrips, and Sminthuris viridis only 
under the following conditions:
    (1) Growing conditions. (i) The lettuce must be grown in insect-
proof houses covered with 50 mesh screens, double self-closing doors, 
and hard walks (no soil) between the beds;
    (ii) The lettuce must be grown in growing media that has been 
sterilized by steam or chemical means;
    (iii) The lettuce must be inspected during its active growth phase 
and the inspection must be monitored by a representative of the Israeli 
Ministry of Agriculture;
    (iv) The crop must be protected with sticky traps and prophylactic 
sprays approved for the crop by Israel;
    (v) The lettuce must be moved to an insect-proof packing house at 
night in plastic containers covered by 50 mesh screens;
    (vi) The lettuce must be packed in an insect-proof packing house, 
individually packed in transparent plastic bags, packed in cartons, 
placed on pallets, and then covered with shrink wrapping; and
    (vii) The lettuce must be transported to the airport in a closed 
refrigerated truck for shipment to the United States.
    (2) Each shipment of lettuce must be accompanied by a phytosanitary 
certificate issued by the Israeli Ministry of Agriculture stating that 
the conditions of paragraph (a)(1) of this section have been met.
* * * * *
    6. In Sec. 319.56-2x, paragraph (a) is amended as follows:
    a. In the table, in the entry for Israel, the entry for lettuce is 
amended in the fourth column under the heading Plant part(s) by adding 
the words ``(Treatment for leafminers, thrips, and Sminthuris viridis 
not required if the lettuce is imported in accordance with Sec. 319.56-
2u(a))'' after the word ``Leaf''.
    b. 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)   
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
Belize..........  Papaya.........  Carica papaya..  Fruit (Treatment for
                                                     Medfly not required
                                                     for fruit grown in 
                                                     the districts of   
                                                     Cayo, Corozal, and 
                                                     Orange Walk - see  
                                                     Sec.  319.56-2t).  
                                                     Papayas prohibited 
                                                     entry into Hawaii  
                                                     due to Toxotrypana 
                                                     curvicauda. Cartons
                                                     in which fruit is  
                                                     packed must be     
                                                     stamped ``Not for  
                                                     importation into or
                                                     distribution in    
                                                     HI''.              
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
China...........  Litchi.........  Litchi           Fruit (Prohibited   
                                    chinensis.       entry into Florida 
                                                     due to litchi rust 
                                                     mite. Cartons in   
                                                     which litchi are   
                                                     packed must be     
                                                     stamped ``Not for  
                                                     importation into or
                                                     distribution in    
                                                     FL'').             
                                                                        

[[Page 50386]]
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
India...........  Litchi.........  Litchi           Fruit (Prohibited   
                                    chinensis.       entry into Florida 
                                                     due to litchi rust 
                                                     mite. Cartons in   
                                                     which litchi are   
                                                     packed must be     
                                                     stamped ``Not for  
                                                     importation into or
                                                     distribution in    
                                                     FL'').             
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Zimbabwe                                                                
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Apricot........  Prunus           Fruit.              
                                    armeniaca.                          
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Nectarine......  Prunus persica.  Fruit.              
                  Peach..........  Prunus persica.  Fruit.              
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
                  Plum...........  Prunus           Fruit.              
                                    domestica.                          
------------------------------------------------------------------------




Sec. 319.56-2aa  [Amended]

    7. In Sec. 319.56-2aa, the section heading and the introductory 
text are amended by adding the words ``and cantaloupe'' after the word 
``melons''.
    8. Section 319.56-2aa is amended by adding the words ``or 
cantaloupe'' after the word ``melons'' in the following places:
    (a) In paragraph (a) in the first sentence and both times it 
appears in the second sentence.
    (b) In paragraph (b).
    (c) In paragraph (c).
    9. A new Sec. 319.56-2ee is added to read as follows:


Sec. 319.56-2ee  Administrative instructions: conditions governing the 
entry of Ya variety pears from China.

    Ya variety pears may be imported into the United States from China 
only under the following conditions:
    (a) Growing and harvest conditions. (1) The pears must have been 
grown by growers registered with the Chinese Ministry of Agriculture in 
an APHIS-approved export growing area in Hebei Province.
    (2) Field inspections for signs of pest infestation must be 
conducted by the Chinese Ministry of Agriculture during the growing 
season.
    (3) The registered growers shall be responsible for following the 
phytosanitary measures agreed upon by APHIS and the Chinese Ministry of 
Agriculture, including applying pesticides to reduce the pest 
population and bagging the pears on the trees to reduce the opportunity 
for pests to attack the fruit during the growing season. The bags must 
remain on the pears through the harvest and during their movement to 
the packing house.
    (4) The packing houses in which the pears are prepared for 
exportation shall not be used for any fruit other than Ya variety pears 
from registered growers during the pear export season. The packing 
houses shall accept only those pears that are in intact bags as 
required by paragraph (a)(3) of this section. The pears must be loaded 
into containers at the packing house and the containers then sealed 
before movement to the port of export.
    (b) Treatment. The pears must be cold treated for Bactrocera 
dorsalis in accordance with the Plant Protection and Quarantine 
Treatment Manual, which is incorporated by reference at Sec. 300.1 of 
this chapter.
    (c) Each shipment of pears must be accompanied by a phytosanitary 
certificate issued by the Chinese Ministry of Agriculture stating that 
the conditions of paragraphs (a) and (b) of this section have been met.

    Done in Washington, DC, this 26th day of September 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-24332 Filed 9-28-95; 8:45 am]
BILLING CODE 3410-34-P