[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Proposed Rules]
[Pages 34379-34385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16870]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 /
Proposed Rules
[[Page 34379]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 319
[Docket No. 95-098-1]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to allow a number of previously prohibited
fruits and vegetables to be imported into the United States from
certain parts of the world. All of the fruits and vegetables, as a
condition of entry, would be subject to inspection, disinfection, or
both, at the port of first arrival as may be required by a U.S.
Department of Agriculture inspector. In addition, some of the fruits
and vegetables would be required to undergo prescribed treatments for
injurious plant pests as a condition of entry, or to meet other special
conditions. The removal of these prohibitions would provide the United
States with additional kinds and sources of fruits and vegetables while
continuing to provide protection against the introduction and
dissemination of injurious plant pests by imported fruits and
vegetables.
DATES: For comments on all portions of this proposed rule except the
rule's information collection and recordkeeping requirements that are
subject to the Paperwork Reduction Act, consideration will be given
only to comments received on or before August 1, 1996. For comments on
the Paperwork Reduction Act requirements of this proposed rule,
consideration will be given only to comments received on or before
September 3, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-098-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-098-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Grosser, Senior Operations
Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 139,
Riverdale, MD 20737-1236; (301) 734-8295.
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 fruit flies and other
injurious plant pests that are new to or not widely distributed within
and throughout the United States.
We are proposing to amend the regulations to allow additional
fruits and vegetables to be imported into the United States from
certain parts of the world under specified conditions. The importation
of these fruits and vegetables has been prohibited because of the risk
that the fruits and vegetables could introduce fruit flies or other
injurious plant pests into the United States. We are proposing to allow
these importations at the request of various importers and foreign
ministries of agriculture, and after conducting pest risk analyses
1 that indicate the fruits or vegetables can be imported under
certain conditions without significant pest risk.
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\1\ Information on these pest risk analyses and any other pest
risk analysis referred to in this document may be obtained by
writing to the person listed under FOR FURTHER INFORMATION CONTACT.
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All of the fruits and vegetables included in this document would be
subject to the requirements in Sec. 319.56-6 of the regulations.
Section 319.56-6 provides, among other things, that all imported fruits
and vegetables, as a condition of entry, shall be subject to
inspection, disinfection, or both, at the port of first arrival, as may
be required by a U.S. Department of Agriculture (USDA) inspector to
detect and eliminate plant pests. Section 319.56-6 also provides that
any shipment of fruits and vegetables may be refused entry if the
shipment is infested with fruit flies or other injurious plant pests
and an inspector determines that it cannot be cleaned by disinfection
or treatment.
Some of the fruits and vegetables proposed for importation would be
required to undergo prescribed treatments for injurious plant pests as
a condition of entry, or to meet other special conditions. The proposed
conditions of entry, which are discussed in greater detail below,
appear adequate to prevent the introduction and dissemination of fruit
flies and other injurious plant pests by the importation of fruits and
vegetables from certain foreign countries and localities into the
United States.
Subject to Inspection and Treatment Upon Arrival
We are proposing to allow the following fruit and vegetables to be
imported into the United States from the country or locality indicated
in accordance with Sec. 319.56-6 and all other applicable requirements
of the regulations:
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Country/locality Common name Botanical name Plant part(s)
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Argentina......................... Basil............... Ocimum spp.......... Above ground parts.
Korea............................. Angelica............ Aralia elata........ Edible shoot.
Morocco........................... Strawberry.......... Fragaria spp........ Fruit.
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[[Page 34380]]
Pest risk analyses conducted by the Animal and Plant Health
Inspection Service (APHIS) have shown that the fruit and vegetables
listed above are not attacked by fruit flies or other injurious plant
pests, either because they are not hosts to the pests or because the
pests are not present in the country or locality of origin. In
addition, we have determined that any other injurious plant pests that
might be carried by any of the listed fruit or vegetables would be
readily detectable by a USDA inspector. Therefore, the provisions in
Sec. 319.56-6 concerning inspection, disinfection, or both, at the port
of first arrival, appear adequate to prevent the introduction into the
United States of fruit flies or other injurious plant pests by the
importation of these fruits and vegetables.
Subject to Inspection and Treatment Upon Arrival; Additional
Conditions
We would allow the following fruits and vegetables to be imported
into the United States from the country indicated subject to the
prescribed conditions and in accordance with Sec. 319.56-6 and all
other applicable requirements of the regulations:
Babaco from Chile
We are proposing to allow babaco (fruit, Carica x heilborni var.
pentagona) from Chile to be imported into the United States if the
fruit is grown in one of the designated districts of Chile that has
been determined to be free of the Mediterranean fruit fly (Medfly). The
babaco would have to be accompanied by a phytosanitary certificate
issued by the Chilean Department of Agriculture stating that the fruit
originated in a Medfly-free province. Currently, all of the provinces
of Chile except the provinces of Arica, Iquique, and Parinacota have
been determined to be free of Medfly. This determination is based on a
national Medfly trapping program that has been conducted in Chile for
more than 10 years with the cooperation and monitoring of APHIS.2
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\2\ Details on APHIS-monitored trapping programs in Chile are
available from Operational Support, IS, APHIS, Suite 5A03, 4700
River Road Unit 67, Riverdale, MD 20737-1233.
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Pest risk analyses conducted by APHIS have determined that any
other injurious plant pests that might be carried by the babaco would
be readily detectable by a USDA inspector. As noted, the babaco would
be subject to inspection, disinfection, or both, at the port of first
arrival, in accordance with Sec. 319.56-6.
Clementine, Grapefruit, Lemon, Minneola, Navel Orange, Satsuma, and
Valencia Orange from South Africa
We are proposing to allow clementine, grapefruit, lemon, minneola,
navel orange, satsuma, and valencia orange (fruit, Citrus spp.) to be
imported into the United States from South Africa under certain
conditions designed to prevent the introduction of Medfly and other
injurious plant pests into the United States.
First, we would require that the citrus be grown in, packed in, and
shipped from the Western Cape Province of South Africa. We are
proposing this requirement because scientific studies and surveys
3 conducted by the South African Department of Agriculture have
demonstrated that this area is free from citrus blackspot, unlike other
citrus-producing areas in South Africa. Further, we believe that both
natural and regulatory barriers are in place that will help ensure that
the Western Cape Province will remain free of citrus blackspot. The
Western Cape Province's nearest citrus-producing neighbor, the Gamtoos
River Valley, has, to date, had no findings or reports of citrus
blackspot, and the citrus-producing areas in South Africa that are
infested with citrus blackspot are separated from the Western Cape
Province by mountain ranges, semi-desert areas, or long distances.
Additionally, the South African government has in place regulations
that prohibit the movement of nursery trees from the northern citrus-
production area of South Africa into the Western Cape Province, and the
South African government carefully monitors and regularly inspects
citrus fruit for citrus blackspot in the growing areas and
packinghouses of the Western Cape Province.
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\3\ Information on these studies and surveys may be obtained by
writing to the person listed under FOR FURTHER INFORMATION CONTACT.
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As such, we are also proposing that each shipment of citrus fruit
intended for importation into the United States would have to be
accompanied by a phytosanitary certificate issued by the South African
Ministry of Agriculture stating that the citrus fruit was grown in,
packed in, and shipped from the Western Cape Province of South Africa.
This requirement would ensure that only citrus fruit from areas of
South Africa free of citrus blackspot would be imported into the United
States.
Finally, we would require that the citrus fruit be cold treated for
false codling moth and fruit flies of the genus Ceritatis, including
Medfly, and Pterandrus in accordance with the Plant Protection and
Quarantine (PPQ) Treatment Manual, which has been incorporated by
reference into the Code of Federal Regulations at 7 CFR 300.1. The
prescribed cold treatment would be conducted as follows:
22 days at -0.55 deg.C (31 deg.F) or below.
We believe that the proposed conditions described above, as well as
all other applicable requirements in Sec. 319.56-6, would be adequate
to prevent the introduction of Medfly and other plant pests into the
United States on citrus fruit imported from South Africa.
Treatment Required
Additionally, we are proposing to allow the fruits and vegetables
listed below to be imported into the United States, or specified parts
of the United States, only if they have been treated in accordance with
the PPQ Treatment Manual. These fruits and vegetables are attacked by
injurious plant pests, as specified below, in their country or locality
of origin. Visual inspection cannot be relied upon to detect these
insects. However, the fruits and vegetables can be treated to destroy
the injurious plant pests.
We would revise the PPQ Treatment Manual to show that treatments
are required as follows for the fruits and vegetables listed below:
Common name, botanical name, and
Country plant part(s)
Honduras.......................... Hyancinth bean, Lablab purpureus,
pod or shelled
Methyl Bromide fumigation for Cydia
fabivora, Epinotia aporema, and
Maruca testulalis would be
required; fumigation would be
conducted as follows:
With methyl bromide in a 15-inch
vacuum:
8 g/m3 (\1/2\ lb/1000 ft3) for 1\1/
2\ hours at 37 deg.C (90 deg.F)
or above; or
16 g/m3 (1 lb/1000 ft3) for 1\1/2\
hours at 26.5-31.5 deg.C (80-89
deg.F); or
24 g/m3 (1\1/2\ lbs/1000 ft3) for
1\1/2\ hours at 21-26 deg.C (70-79
deg.F); or
32 g/m3 (2 lbs/1000 ft3) for 1\1/2\
hours at 15.5-20.5 deg.C (60-69
deg.F); or
40 g/m3 (2\1/2\ lbs/1000 ft3) for
1\1/2\ hours at 10-15 deg.C (50-59
deg.F); or
48 g/m3 (3 lbs/1000 ft3) for 1\1/2\
hours at 4.5-9.5 deg.C (40-49
deg.F).
Alternative treatment:
With methyl bromide at NAP--chamber
or tarpaulin:
[[Page 34381]]
24 g/m3 (1\1/2\ lbs/1000 ft3) for 2
hours at 26.5 deg.C (80 deg.F) or
above, with minimum gas
concentrations of:
19 g (19 oz) at \1/2\ hour after
fumigation begins.
14 g (14 oz) at 2 hours after
fumigation begins; or
32 g/m3 (2 lbs/1000 ft3) for 2 hours
at 21-26 deg.C (70-79 deg.F),
with minimum gas concentrations of:
26 g (26 oz) at \1/2\ hour after
fumigation begins.
19 g (19 oz) at 2 hours after
fumigation begins; or
40 g/m3 (2\1/2\ lbs/1000 ft3) for 2
hours at 15.5-20.5 deg.C (60-69
deg.F), with minimum gas
concentrations of:
32 g (32 oz) at \1/2\ hour after
fumigation begins.
24 g (24 oz) at 2 hours after
fumigation begins; or
48 g/m3 (3 lbs/1000 ft3) for 2 hours
at 10-15 deg.C (50-59 deg.F),
with minimum gas concentrations of:
38 g (38 oz) at \1/2\ hour after
fumigation begins.
29 g (29 oz) at 2 hours after
fumigation begins.
Yard long bean, Vigna unguiculata
subsp. sesquipedalis, pod or
shelled.
Methyl bromide fumigation for Cydia
fabivora, Epinotia aporema, and
Maruca testulalis as set forth
above for hyacinth bean from
Honduras.
Nicaragua......................... Broad bean, Vicia faba, pod or
shelled.
Methyl bromide fumigation for Cydia
fabivora, Epinotia aporema, and
Maruca testulalis as set forth
above for hyacinth bean from
Honduras.
Green bean, Phaseolus spp., pod or
shelled.
Methyl bromide fumigation for Cydia
fabivora, Epinotia aporema, and
Maruca testulalis as set forth
above for hyacinth bean from
Honduras.
Mung bean, Vigna radiata, pod or
shelled.
Methyl bromide fumigation for Cydia
fabivora, Epinotia aporema, and
Maruca testulalis as set forth
above for hyacinth bean from
Honduras.
The treatments described above have been determined to be effective
against the specified insects. This determination is based on research
evaluated and approved by the Department. A bibliography and additional
information on this research may be obtained from APHIS by writing to
the Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC
27555.
Pest risk analyses conducted by APHIS have determined that any
other injurious plant pests that might be carried by the fruits and
vegetables listed above would be readily detectable by a USDA
inspector. As noted, the fruits and vegetables would be subject to
inspection, disinfection, or both, at the port of first arrival, in
accordance with Sec. 319.56-6.
Use of Methyl Bromide
Methyl bromide is currently in widespread use as a fumigant. It is
prescribed as a treatment for hyacinth beans and yard long beans from
Honduras and broad beans, green beans, and mung beans from Nicaragua.
The environmental effects of using methyl bromide, however, are being
scrutinized by international, Federal, and State agencies. The U.S.
Environmental Protection Agency (EPA), based on its evaluation of data
concerning the ozone depletion potential of methyl bromide, published a
notice of final rulemaking in the Federal Register on December 10, 1993
(58 FR 65018-65082). That rulemaking freezes methyl bromide production
in the United States at 1991 levels and requires the phasing out of
domestic use of methyl bromide by the year 2001. APHIS is studying the
effectiveness and environmental acceptability of alternative treatments
to prepare for the eventual unavailability of methyl bromide
fumigation. Our current proposal assumes the continued availability of
methyl bromide for use as a fumigant for at least the next few years.
Proposal of Expansion of Medfly-Free Area in Belize
We are proposing to recognize the northern portion of the district
of Stann Creek in Belize as free from Medfly and to allow papaya to be
imported into the United States from this area without treatment for
Medfly.
Belize has conducted a national Medfly trapping program for more
than 6 years with the cooperation and monitoring of APHIS.4 An
intensive, ongoing trapping program, combined with an aggressive
eradication campaign including intensified trapping, ground spraying
with malathion bait, and fruit stripping, in the district of Stann
Creek has established that the northern portion of that district
qualifies as a Medfly-free area. The area of the Stann Creek district
that would not be included in the proposed Medfly-free zone is the
Placencia Peninsula area because this area has ports of entry that
receive cargo and travellers from Honduras and is therefore subject to
occasional Medfly introductions. The exact boundaries of the excluded
area are as follows: Beginning at the southernmost point of the
Placencia Peninsula; then north along the coast of the Caribbean Sea to
Riversdale Road; then west along Riversdale Road to Southern Highway;
then south along the Southern Highway to Independence Road; then east
along Independence Road to Big Creek Port; then east, on an imaginary
line, from Big Creek Port across the Placencia Lagoon to the point of
beginning.
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\4\ Details on APHIS-monitored trapping programs in Belize are
available from Operational Support, IS, APHIS, Suite 5A03, 4700
River Road Unit 67, Riverdale, MD 20737-1233.
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Therefore, we are proposing to allow papaya to be imported from the
Medfly-free area of the Stann Creek district without treatment for
Medfly if the papaya is accompanied by a phytosanitary certificate
issued by the Belizean Department of Agriculture stating that the fruit
originated in the Medfly-free area of the Stann Creek district. As is
routine, APHIS would continue to be directly involved in the monitoring
of Belize's national Medfly trapping program in order to assist the
district of Stann Creek in maintaining Medfly-free status. Currently,
papaya from the Cayo, Corozal, and Orange Walk districts of Belize may
be imported into the United States without treatment for Medfly if the
papaya is accompanied by a phytosanitary certificate issued by the
Belizean Department of Agriculture stating that the fruit originated in
those Medfly-free districts. Papaya grown in Belize outside the Medfly-
free areas may also be imported into the United States, provided the
fruit is treated for Medfly in accordance with the PPQ Treatment
Manual.
Like all other papaya imported into the United States from Belize,
papaya grown in the Medfly-free area of the Stann Creek district would
be prohibited entry into Hawaii--where most domestically grown papayas
are produced--as a precaution against the possible introduction of
papaya fruit fly (Toxotrypana curvicauda). Accordingly, the cartons in
which the papaya are packed would have to be stamped ``Not for
importation into or distribution in HI.''
Pest risk analyses conducted by APHIS have determined that any
other injurious plant pests that might be carried by the papaya would
be readily detectable by a USDA inspector. As noted, the papaya would
be subject to inspection, disinfection, or both, at the
[[Page 34382]]
port of first arrival, in accordance with Sec. 319.56-6.
Miscellaneous
We are also proposing to make minor editorial changes to the table
in Sec. 319.56-2t for clarity and consistency. Our amendments would
involve removing the common name ``Yam bean'' and replacing it with
``Jicama'' and, for importations of tarragon from Guatemala and Panama,
removing the plant part description ``Leaf and stem'' and replacing it
with ``Above ground parts.'' We believe that these amendments will
clarify the regulations by keeping the common names in the table up-to-
date and by keeping the plant part descriptions uniform.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the 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. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this proposed rule on small entities. However, we do not
currently have all of the data necessary for a comprehensive analysis
of the effects of this proposed rule on small entities. Therefore, we
are inviting comments on potential effects. In particular, we are
interested in determining the number and kind of small entities that
may incur benefits or costs from the implementation of this proposed
rule.
Under the Plant Quarantine Act and the Federal Plant Pest Act (7
U.S.C. 150dd, 150ee, 150ff, 151-167), the Secretary of Agriculture is
authorized to regulate the importation of fruits and vegetables to
prevent the introduction of injurious plant pests.
This proposed rule would amend the regulations governing the
importation of fruits and vegetables by allowing a number of previously
prohibited fruits and vegetables to be imported into the United States
from certain foreign countries and localities under specified
conditions. The importation of these fruits and vegetables has been
prohibited because of the risk that they could have introduced
injurious plant pests into the United States.
Our proposal is 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 proposed rule could, under certain
conditions, be imported into the United States without significant pest
risk. All of the fruits and vegetables, as a condition of entry, would
be subject to inspection, disinfection, or both, at the port of first
arrival as may be required by a USDA inspector. In addition, some of
the fruits and vegetables would be required to undergo mandatory
treatment for injurious plant pests as a condition of entry, or to meet
other special conditions. This action would provide the United States
with additional kinds and sources of fruits and vegetables while
continuing to provide protection against the introduction into the
United States of injurious plant pests by imported fruits and
vegetables.
Basil from Argentina
From 1990 to 1994, the value of U.S. basil imports averaged $3.3
million annually. This average includes import values for 1994 when,
due to a record import volume of 3,220 metric tons, U.S. basil imports
amounted to $4.6 million. No information is available on U.S. basil
production.
It is estimated that Argentina produces about 1,500 metric tons of
basil annually. If commercial conditions are favorable, basil exports
to the United States could, over time, reach 200 metric tons a year.
This amount is only about 6 percent of current U.S. basil imports and,
therefore, is not expected to have a significant effect on the U.S.
basil market.
Babaco from Chile
Chile produced 334 metric tons of babaco from 1994 to 1995. Of this
amount, only 6.9 metric tons were exported, and all exported babaco
went to Argentina. There is no data available on production or
importation of babaco by the United States. We do not expect that
babaco imported from Chile would have a significant impact on U.S.
producers or other small entities.
Hyacinth Bean and Yard Long Bean from Honduras
No information is available on potential U.S. imports of hyacinth
bean or yard long bean from Honduras or on U.S. production of these
commodities.
Angelica From Korea
Korea produces about 1,300 metric tons of angelica a year. Of this
amount, only 10 kilograms were exported in 1994 and 14 kilograms in
1995. Given the negligible quantities exported in the last 2 years, it
is anticipated that very little angelica will be imported into the
United States from Korea. Therefore, no significant impact on U.S.
entities is expected.
Strawberry From Morocco
In 1994, total U.S. strawberry production was 737,580 metric tons.
That year, the United States exported 57,332 metric tons of fresh
strawberries and 28,637 metric tons of frozen strawberries and imported
19,843 metric tons of fresh strawberries and 25,050 metric tons of
frozen strawberries. Therefore, in 1994, U.S. exports of fresh
strawberries surpassed U.S. imports of fresh strawberries by nearly
three times, while frozen strawberry exports and imports were more
balanced.
Morocco produced about 35,000 metric tons of strawberries in the
1994-95 season. During that season, Morocco exported about 9,000 metric
tons of fresh strawberries and 11,000 metric tons of frozen
strawberries.
Future U.S. strawberry imports from Morocco are estimated at 160
metric tons of strawberries per year. As these estimated strawberry
imports from Morocco constitute less than .02 percent of U.S.
strawberry production, they are not expected to have a significant
impact on U.S. entities, large or small.
Broad Bean, Green Bean, and Mung Bean from Nicaragua
In 1994, total U.S. green bean production was 916,750 metric tons.
Of this amount, 20,324 metric tons, or 2.2 percent of total production,
was exported. In 1994, green bean imports amounted to 11,230 metric
tons.
U.S. production data is not available for broad bean and mung bean.
However, in 1994, the United States exported 389 metric tons of dried
broad bean and 2,134 metric tons of dried mung bean. U.S. imports of
these commodities in 1994 totaled 610 metric tons of dried broad bean
and 7,178 metric tons of dried mung bean.
No information is available on potential imports of green bean,
broad bean, and mung bean from Nicaragua. Given the sizable quantity of
green beans produced in the United States and given the import levels
for broad bean and mung bean, potential import of these commodities
from Nicaragua is not expected to have a significant impact on U.S.
producers or other small entities.
Clementine, Grapefruit, Lemon, Minneola, Navel Orange, Satsuma, and
Valencia Orange From South Africa
In the 1994-95 season, the total value of the U.S. citrus crop was
$2.25 billion. The 1994-95 value of U.S.-produced navel oranges (early
and midseason) was $836 million, valencia oranges $727
[[Page 34383]]
million, grapefruit $301 million, and lemon $265 million. Production
value is not available for clementine, satsuma, and minneola.
In 1994, the United States exported fresh citrus and citrus
products valued at more than $650 million and imported fresh citrus and
citrus products valued at about $70 million. By weight, about 50
percent of 1994 fresh citrus exports were oranges and tangerines, about
40 percent grapefruit, and about 10 percent lemons and limes.
South Africa exports about two-thirds of its citrus crop. The 1996
projected exports of citrus from the Western Cape Province of South
Africa to the United States include 10,500 metric tons of navel
oranges; 12,750 metric tons of valencia oranges; 8,000 metric tons of
clementines; 75 metric tons of grapefruit; 3,000 metric tons of lemons;
1,000 metric tons of satsuma; and 900 metric tons of minneola. These
projections amount to only a fraction of one percent of U.S. production
of citrus.
Additionally, as South Africa exports most of its fresh citrus and
citrus products during the summer months, South African citrus would
not compete with the late fall, winter, and early spring citrus
production season in the United States.
Therefore, due to summer arrival of citrus from South Africa, the
relatively negligible quantity of citrus expected to be imported into
the United States from South Africa, and the fact that U.S. citrus
exports are more than nine times greater than U.S. citrus imports, we
expect that South African citrus exports to the United States would not
have a significant impact on U.S. producers, exporters, or importers of
citrus. Citrus importers in the United States could benefit from the
increased availability of citrus fruit, especially navel oranges,
during the time of year when U.S. production is at its lowest.
The alternative to this proposed rule was to make no changes in the
regulations. After consideration, we rejected this alternative because
there is no biological reason to prohibit the importation into the
United States of the fruits and vegetables listed in this document.
Executive Order 12778
This proposed rule would allow certain fruits and vegetables to be
imported into the United States from certain parts of the world. If
this proposed rule is adopted, State and local laws and regulations
regarding the importation of fruits and vegetables under this rule
would be preempted while the fruits and vegetables are in foreign
commerce. Fresh fruits and vegetables are generally imported for
immediate distribution and sale to the consuming public, and would
remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce ceases in other cases must be
addressed on a case-by-case basis. If this proposed rule is adopted, no
retroactive effect will be given to this rule, and this rule will not
require administrative proceedings before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 95-098-1.
Please send a copy of your comments to: (1) Docket No. 95-098-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OIRM, USDA, room 404-W, 14th Street and Independence Avenue, SW,
Washington, DC 20250. Comments on the information collection or
recordkeeping requirements included in this proposed rule are due 60
days from the proposed rule's date of publication in the Federal
Register. A comment to OMB is best assured of having its full effect if
OMB receives it within 30 days of publication of this proposed rule.
This proposed rule would allow a number of previously prohibited
fruits and vegetables to be imported into the United States from
certain parts of the world. In order for some of these fruits and
vegetables to be safely imported into the United States, we would
require the use of a phytosanitary certificate, issued by plant health
officials of the exporting country, stating that the fruits or
vegetables originated in an area free of certain plant pests. This
requirement would help ensure that only fruits and vegetables that do
not present an unacceptable risk of introducing injurious plant pests
into the United States would be imported into the United States.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. We need this outside input to help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 1.31 hours per response.
Respondents: Foreign plant health officials.
Estimated number of respondents: 300.
Estimated number of responses per respondent: 1.
Estimated total annual burden on respondents: 393 hours.
Copies of this information collection can be obtained from:
Clearance Officer, OIRM, USDA, Room 404-W, 14th Street and Independence
Ave., SW, Washington, DC 20250.
List of Subjects
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery Stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, 7 CFR parts 300 and 319 are proposed to be amended as
follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 would continue to read as
follows:
Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22,
2.80, and 371.2(c).
2. In Sec. 300.1, paragraph (a), the introductory text would be
revised to read as follows:
Sec. 300.1 Materials incorporated by reference; availability.
(a) Plant Protection and Quarantine Treatment Manual. The Plant
Protection
[[Page 34384]]
and Quarantine Treatment Manual, which was reprinted November 30, 1992,
and includes all revisions through ____________________, has been
approved for incorporation by reference in 7 CFR chapter III by the
Director of the Office of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
3. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
4. A new Sec. 319.56-2q would be added to read as follows:
Sec. 319.56-2q Administrative instructions: conditions governing the
entry of citrus from South Africa.
Clementine (Citrus reticulata), grapefruit (Citrus paradisi), lemon
(Citrus limon), minneola (C. paradisi x C. reticulata), navel orange
(Citrus sinensis), satsuma (Citrus reticulata), and valencia orange
(Citrus sinensis) may be imported into the United States from the
Western Cape Province of South Africa only under the following
conditions:
(a) The citrus fruit must be grown in, packed in, and shipped from
the Western Cape Province of South Africa.
(b) The citrus fruit must be cold treated for false codling moth
and fruit flies of the genus Ceritatis and Pterandrus in accordance
with the Plant Protection and Quarantine Treatment Manual, which is
incorporated by reference at Sec. 300.1 of this chapter.
(1) If the cold treatment is to be conducted in the United States,
entry of the citrus fruit into the United States is limited to ports
listed in Sec. 319.56-2d(b)(1).
(2) If the cold treatment is conducted in South Africa or in
transit to the United States, entry of the citrus into the United
States may be made through any U.S. port.
(c) Each shipment of citrus fruit must be accompanied by a
phytosanitary certificate issued by the South African Ministry of
Agriculture stating that the conditions of paragraph (a) of this
section have been met.
5. In Sec. 319.56-2t, the table would be amended as follows:
a. In the entries for Costa Rica, Guatemala, and Philippines, under
the heading Common name, by removing the words ``Yam bean'' from each
entry and adding the word ``Jicama'' in their places.
b. In the entries for Guatemala and Panama, the entry for Tarragon
would be amended in the fourth column, under the heading Plant part(s),
by removing the words ``Leaf and stem'' and adding the words ``Above
ground parts'' in their place.
c. In the entry for Belize, the entry for Papaya, by revising the
text under the heading Plant part(s) to read as set forth below.
d. By adding, in alphabetical order, entries for Basil from
Argentina, Babaco from Chile, Angelica from Korea, and Strawberry from
Morocco to read as set forth below.
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
* * * * * *
*
Basil.................... Ocimum spp....................... Above ground parts.
* * * * * *
*
Belize
* * * * * *
*
Papaya................... Carica papaya.................... Fruit (Must be
accompanied by a
phytosanitary cer
tificate issued by the
Belizean depart ment
of agriculture stating
that the fruit
originated in the
district of Cayo,
Corozal, or Orange
Walk, or in any
portion of the
district of Stann
Creek except the area
bounded as follows:
Beginning at the
southernmost point of
the Placencia
Peninsula; then north
along the coast of the
Caribbean Sea to
Riversdale Rd.; then
west along Riversdale
Rd. to Southern Hwy.;
then south along the
Southern Hwy. to
Independence Rd.; then
east along
Independence Rd. to
Big Creek Port; then
east, on an imaginary
line, from Big Creek
Port across the
Placencia Lagoon to
the point of
beginning. Papayas
from other areas of
Belize enterable only
with treatment--see
Sec. 319.56-2x). Pro
hibited entry into
Hawaii due to the
papaya fruit fly,
Toxotrypana
curvicauda. Cartons in
which fruit is packed
must be stamped ``Not
for importation into
or distribution within
HI.''
* * * * * *
*
Chile.................... Babaco................... Carica x heilborni var. pentagona Fruit. (From Medfly-
free areas--see Sec.
319.56-2j. Fruit must
be accompanied by a
phytosanitary
certificate issued by
the Chilean department
of agriculture stating
that the fruit
originated in a Medfly-
free province.)
* * * * * *
*
Korea.................... Angelica................. Aralia elata..................... Edible shoot.
* * * * * *
*
Morocco.................. Strawberry............... Fragaria spp..................... Fruit.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
6. In Sec. 319.56-2x, paragraph (a), the table would be amended as
follows:
a. In the entry for Belize, the entry for Papaya, by revising the
text under the heading Plant part(s) to read as set forth below.
[[Page 34385]]
b. By adding, in alphabetical order, entries for Hyacinth bean and
Yard long bean from Honduras and Broad bean, Green bean, and Mung bean
from Nicaragua to read as set forth below.
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, or in any
portion of the
district of Stann
Creek except the area
bounded as follows:
Beginning at the
southernmost point of
the Placencia
Peninsula; then north
along the coast of the
Caribbean Sea to
Riversdale Rd.; then
west along Riversdale
Rd. to Southern Hwy.;
then south along the
Southern Hwy. to
Independence Rd.; then
east along
Independence Rd. to
Big Creek Port; then
east, on an imaginary
line, from Big Creek
Port across the
Placencia Lagoon to
the point of
beginning--see Sec.
319.59-2t.) Papayas
prohibited entry into
Hawaii due to the
papaya fruit fly,
Toxotrypana
curvicauda. Cartons in
which fruit is packed
must be stamped ``Not
for importation into
or distribution within
HI.''
* * * * * *
*
Honduras................. Hyacinth bean............ Lablab purpureus................. Pod or shelled.
Yard long bean........... Vigna unguiculata, subsp. Pod or shelled.
sesquipedalis.
* * * * * *
*
Nicaragua................ Broad bean............... Vicia faba....................... Pod or shelled.
Green bean............... Phaseolus spp.................... Pod or shelled.
Mung bean................ Vigna radiata.................... Pod or shelled.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
Done in Washington, DC, this 27th day of June 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-16870 Filed 7-1-96; 8:45 am]
BILLING CODE 3410-34-P