Federal Register, Volume 62 Issue 3 (Monday, January 6, 1997)

[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Rules and Regulations]
[Pages 593-597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-108]

========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 62, No. 3 / Monday, January 6, 1997 / Rules
and Regulations

[[Page 593]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 95-098-3]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

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,
are 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 are 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 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: January 6, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Grosser, Senior Operations
Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 139,
Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR 319.56 through 319.56-8 (referred to below
as ``the regulations'') prohibit or restrict the importation 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.
On July 2, 1996, we published in the Federal Register (61 FR 34379-
34385, Docket No. 95-098-1) 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 60 days ending
September 3, 1996. We received 15 comments by that date. They were from
representatives of State and foreign governments, grocery stores,
industry groups, and a member of Congress. Ten commenters supported the
proposed rule as written. The other commenters expressed concerns about
our proposing to allow importation of citrus fruit from the Western
Cape Province of South Africa. These concerns are discussed below:
Comment: How has it been determined that the Western Cape Province
is free of citrus blackspot?
Response: Many factors have contributed to our determination that
the Western Cape Province is free of citrus blackspot. First, citrus
blackspot has never been reported in the Western Cape Province. In
addition, in June 1994, we received assurances from the Director of the
Directorate of Plant and Quality Control, Department of Agriculture,
Republic of South Africa, that the Western Cape Province is free of
citrus blackspot. In that same month, personnel of the Animal and Plant
Health Inspection Service (APHIS), U.S. Department of Agriculture
(USDA), began a review of the testing protocol for citrus blackspot
(the procedures used in testing for the presence of citrus blackspot)
and the results of the testing for citrus blackspot provided by the
South African Department of Agriculture. APHIS personnel determined
that the testing protocol used in the Western Cape Province was
scientifically sound and that the Western Cape Province showed no
evidence of citrus blackspot. Later, in May (the time of the year for
optimum expression of citrus blackspot in South Africa) 1995, an
additional survey for citrus blackspot was conducted by personnel of
the Directorate of Plant and Quality Control, and no evidence of the
disease was detected. The results of these surveys give us the
confidence to make the determination that the Western Cape Province is
free from citrus blackspot.
Comment: The pest risk analysis for citrus fruit from South Africa
notes that the Western Cape Province is free of citrus blackspot. What
measures are being taken to ensure that citrus blackspot is not
introduced into the Western Cape Province from other areas of South
Africa that are known to be infected with the disease? Regular, on-
going surveys performed in the Western Cape Province by trained plant
pathologists, routine verification of South African testing programs
regarding the pest-free status of the Western Cape Province, and other
on-going pest exclusion activites need to be established to prevent the
spread of citrus blackspot into the Western Cape Province.
Response: As stated in the proposed rule, 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 packing houses of the Western Cape
Province. We believe that these natural and regulatory barriers are
sufficient to

[[Page 594]]

help ensure that the Western Cape Province remains free of citrus
blackspot.
Comment: Leaves and other debris which might result in the
introduction of the citrus leaf miner, Phyllocnistis citrella, should
not be allowed into the United States with any shipments of citrus
imported from South Africa. Additionally, mitigation measures, such as
limiting shipments of citrus from South Africa to early spring, need to
be taken to prevent the introduction of Toxoptera odinae, a type of
aphid, into the United States.
Response: This final rule allows the importation of citrus fruit
from the Western Cape Province of South Africa. Section 319.56-2(a) of
the regulations provides that all importations of fruits and vegetables
must be free from plants or portions of plants, including leaves,
twigs, or other portions of plants, or plant litter or rubbish as
distinguished from clean fruits and vegetables. Both the citrus leaf
miner and Toxoptera odinae are associated with the leaves and other
portions of citrus plants, and as citrus leaves or other debris that
may harbor the citrus leaf miner or Toxoptera odinae are prohibited
entry into the United States, we are confident that at any time of the
year, the risk of the introduction of the citrus leaf miner or
Toxoptera odinae into the United States is negligible. Additionally,
both of these pests are mitigated in the Western Cape Province of South
Africa by chemical controls during preharvest and postharvest and by
phytosanitary export inspections. Therefore, we are making no changes
to the proposed rule in response to this comment.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule without changes.

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 not to be 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. 604, we have performed a Final
Regulatory Flexibility Analysis, which is set out below, regarding the
economic impact of this final rule on small entities.
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 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.
In our proposal, we solicited comments on the potential effects of
the proposed action on small entities. In particular, we sought data
and other information to determine the number and kind of small
entities that may incur benefits or costs from the implementation of
the proposed rule. We received no comments on the Initial Regulatory
Flexibility Analysis contained in the proposed rule.
This rule 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 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
injurious plant pests 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.

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 economic effect on any
entities in 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 economic 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 economic 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.

[[Page 595]]

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
economic 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 economic 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 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 economic impact on U.S. producers, exporters, and
importers of citrus, or other small entities. 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 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 12988

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.

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 final rule have been
approved by the Office of Management and Budget (OMB). The assigned OMB
control number is 0579-0049.

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 2.22,
2.80, and 371.2(c).

2. In Sec. 300.1, paragraph (a), the introductory text 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 October 1996, 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 2.22, 2.80, and 371.2(c).

4. A new Sec. 319.56-2q is 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

[[Page 596]]

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. (Approved by the Office of Management and Budget
under control number 0579- 0049)
5. In Sec. 319.56-2t, an OMB control number is added at the end of
the section, and the table is 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
certificate issued by the
Belizean department 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). 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.''

* * * * * *
*
Chile.............................. Babaco................ Carica x heilborni Fruit. (From Medfly-free
var. pentagona. 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.

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

* * * * *
(Approved by the Office of Management and Budget under control number
0579- 0049)
6. In Sec. 319.56-2x, paragraph (a), the table is 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.
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.

[[Page 597]]

Sec. 319.56-2x Administrative instructions; conditions governing the
entry of certain fruits and vegetables for which treatment is required.

(a) * * *

* * * * * *
*
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, Pod or shelled.
subsp. 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 20th day of December 1996.
Al Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-108 Filed 1-3-97; 8:45 am]
BILLING CODE 3410-34-P