[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Proposed Rules]
[Pages 14037-14044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7455]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / 
Proposed Rules  

[[Page 14037]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 96-046-1]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

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 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.
    We are also proposing to extend the production area in Arava, 
Israel, where peppers may be grown for importation into the United 
States; to eliminate the distribution restrictions for peppers from 
Arava, Israel; to eliminate the trust fund provisions for papayas from 
Costa Rica; to declare all Provinces in Chile free of the Mediterranean 
fruit fly; and to make several nonsubstantive editorial changes to the 
regulations. These actions would relieve restrictions while continuing 
to prevent the introduction of plant pests into the United States.

DATES: Consideration will be given only to comments received on or 
before May 27, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-046-1, 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. 96-046-1. 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. Ronald Campbell, Staff Officer, 
Import/Export, PPQ, APHIS, 4700 River Road Unit 136, 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.
    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.
---------------------------------------------------------------------------

    \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 
or by calling the Plant Protection and Quarantine (PPQ) fax vault at 
301-734-3560.
---------------------------------------------------------------------------

    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 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 fruits 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:

----------------------------------------------------------------------------------------------------------------
       Country/Locality               Common Name           Botanical Name                Plant Part(s)         
----------------------------------------------------------------------------------------------------------------
Ecuador.......................  Radicchio.............  Cichorium spp.........  Above ground parts.             
El Salvador...................  Eggplant..............  Solanum melongena.....  Fruit.                          
Guatemala.....................  Basil.................  Ocimum basilicum......  Above ground parts.             
Guatemala.....................  Dill..................  Anethum graveolens....  Above ground parts.             
Japan.........................  Mioga Ginger..........  Zingiber mioga........  Above ground parts.             
Nicaragua.....................  Eggplant..............  Solanum melongena.....  Fruit.                          

[[Page 14038]]

                                                                                                                
Nicaragua.....................  Radicchio.............  Cichorium spp.........  Above ground parts.             
----------------------------------------------------------------------------------------------------------------

    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 countries indicated subject to the 
prescribed conditions and in accordance with Sec. 319.56-6 and all 
other applicable requirements of the regulations:

Leeks From Belgium and the Netherlands

    We are proposing to allow leeks (Allium spp.) from Belgium and The 
Netherlands to be imported into the United States if the leeks are 
accompanied by a phytosanitary certificate issued by the Ministry of 
Agriculture of the country of production (either Belgium or The 
Netherlands). The phytosanitary certificate must state that the leeks 
are apparently free from Acrolepiopsis assectella, commonly known as 
leek moth. This certification would ensure that, prior to departure for 
the United States, a thorough phytosanitary inspection of the leeks was 
performed and no leek moths were found in the shipment.

Papaya From Brazil

    We are proposing to allow solo type papayas (Carica papaya) from 
Brazil to be imported into the United States if the fruit is grown in 
the State of Espirito Santo and if the fruit has been grown, packed, 
and shipped in accordance with certain phytosanitary conditions.
    Because papayas can be hosts of several serious plant pests, 
including the Mediterranean fruit fly (Ceritatis capitata) (Medfly) and 
the South American fruit fly (Anastrepha fraterculus), we would require 
that papayas intended for importation into the United States from the 
State of Espirito Santo, Brazil, be subject to certain special 
conditions. The proposed special conditions outlined below for the 
importation of papaya from Brazil are based on the provisions in 
Sec. 319.56-2w of the regulations for papaya from Costa Rica and on the 
proposed changes to those provisions located under the heading ``Papaya 
from Costa Rica'' in this document. The conditions would read as 
follows:
    1. The papayas were grown and packed for shipment to the United 
States in the State of Espirito Santo.
    This condition would ensure that papayas intended for the United 
States would only be grown and packed in Espirito Santo. The State of 
Espirito Santo is currently the only papaya production and packing area 
in Brazil where fruit fly traps are maintained and where the other 
elements of the systems approach described below are in place.
    2. Beginning at least 30 days before harvest began and continuing 
through the completion of harvest, all trees in the area where the 
papayas were grown were kept free of papayas that were one-half or more 
ripe (more than one-quarter of shell surface yellow), and all culled 
and fallen fruit were removed from the field at least twice a week.
    Papayas that are one-half or more ripe, as well as culled or fallen 
papayas, could serve as host material for Medfly and South American 
fruit fly. Therefore, this condition would greatly reduce the risk that 
Medfly or South American fruit fly would be attracted to the fields 
where papayas intended for importation into the United States are 
grown.
    3. When packed, the papayas were less than one-half ripe (shell 
surface no more than one-quarter yellow, surrounded by light green) and 
appeared to be free of all injurious plant pests.
    This condition would also reduce the risk of introduction of Medfly 
or South American fruit fly, as well as other injurious plant pests, 
into the United States. Papayas themselves are not a preferred host for 
these fruit flies, and papayas that are less than one-half ripe pose 
very little risk of attracting Medfly or South American fruit fly.
    4. The papayas were packaged so as to prevent access by fruit flies 
or other injurious plant pests, and the package does not contain any 
other fruit, including papayas not qualified for importation into the 
United States.
    This condition would ensure that papayas that have already been 
inspected and packaged for shipment to the United States would not be 
at risk for fruit fly infestation.
    5. All activities described in provisions 1 through 4 above were 
carried out under the general supervision and direction of plant health 
officials of the national Ministry of Agriculture.
    The supervision of the Brazilian Ministry of Agriculture would help 
ensure that all of the activities required by the regulations were 
properly carried out.
    6. Beginning at least 1 year before harvest began and continuing 
through the completion of harvest, fruit fly traps were maintained in 
the field where the papayas were grown. The traps were placed at the 
rate of 1 trap per hectare and were checked for fruit flies at least 
once a week by plant health officials of the national Ministry of 
Agriculture. Fifty percent of the traps were of the McPhail type, and 
50 percent of the traps were of the Jackson type. The national Ministry 
of Agriculture kept records of the fruit fly finds for each trap, 
updating the records each time the traps were checked, and made the 
records available to APHIS upon request. The records were maintained 
for at least 1 year.
    This condition would ensure that the earliest possible detection of 
the presence of fruit flies in and around fields where papayas are 
grown can be made. If a fruit fly is trapped, the Brazilian Ministry of 
Agriculture would increase the trap density in the area and, if more 
fruit flies are found, begin malathion bait sprays. This condition 
would also allow APHIS to monitor the trapping records of the area for 
a 1-year period.
    7. All shipments of papayas must be accompanied by a phytosanitary 
certificate issued by the national Ministry of Agriculture stating that 
the papayas were grown, packed, and shipped in accordance with the 
provisions of this section.
    This condition would help ensure that the provisions of the 
regulations have been met.
    We believe that the provisions of Sec. 319.56-6 and all other 
applicable requirements, as well as the proposed special conditions, 
would be sufficient

[[Page 14039]]

to prevent the introduction of leek moths and fruit flies into the 
United States. Pest risk analyses conducted by APHIS have determined 
that injurious plant pests other than those mentioned that might be 
carried by the leek or papaya would be readily detectable by a USDA 
inspector. As noted, the leek and papaya would be subject to 
inspection, disinfection, or both, at the port of first arrival, in 
accordance with Sec. 319.56-6.

Garlic From Romania

    Section 319.56-2g lists countries from which garlic may be imported 
into the United States. We are proposing to amend Sec. 319.56-2g to 
allow garlic to be imported from Romania into the United States if it 
has been fumigated with methyl bromide, according to the treatment 
schedule set forth below. Garlic is attacked by the garlic borer 
(Brachycerus spp.) and the garlic moth (Dyspessa ulula [Bkh.]) in 
Romania. Visual inspection cannot be relied upon to detect these 
insects. However, the garlic can be treated as follows to destroy these 
injurious plant pests:

32 g/m3 (2 lbs/1000 ft3) for 1\1/2\ hours at 37  deg.C or 
above (90  deg.F or above); or
32 g/m3 (2 lbs/1000 ft3) for 2 hours at 26.5-31.5  deg.C 
(80-89  deg.F); or
40 g/m3 (2 lbs/1000 ft3) for 2 hours at 21-26  deg.C (70-
79  deg.F); or
48 g/m3 (3 lbs/1000 ft3) for 2 hours at 15.5-20.5  deg.C 
(60-69  deg.F); or
48 g/m3 (3 lbs/1000 ft3) for 3 hours at 10-15  deg.C (50-
59  deg.F); or
48 g/m3 (3 lbs/1000 ft3) for 4 hours at 4.5-9.5  deg.C 
(40-49  deg.F)

    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 Methods Development 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 garlic would 
be readily detectable by a USDA inspector. As noted, the garlic would 
be subject to inspection, disinfection, or both, at the port of first 
arrival, in accordance with Sec. 319.56-6.
    Currently, Sec. 319.56-2g sets out the treatment schedule shown 
above. We are proposing to remove this schedule from the regulations, 
and, instead refer readers to the Plant Protection and Quarantine 
Treatment Manual (PPQ Treatment Manual), which is incorporated into the 
regulations by reference at 7 CFR 300.1. This will eliminate 
unnecessary duplication of treatment provisions. We would also update 
the PPQ Treatment Manual to show that the treatment schedule shown 
above is approved for garlic from Romania.

Peppers From Israel

    The regulations at Sec. 319.56-2u(b) allow peppers from the Paran 
region of the Arava Valley in Israel to be imported into the United 
States under certain conditions. Based on trapping data 2 from the 
agricultural production areas of the Arava Valley, we are proposing to 
extend the production area where peppers may be grown for importation 
into the United States to include all of the Arava Valley. All of the 
current conditions for importation under Sec. 319.56-2u(b) for peppers 
from the Paran region would apply to the entire Arava Valley; the 
peppers, among other things, would have to be grown in insect-proof 
plastic screenhouses, sorted and packed in insect-proof screenhouses, 
and transported in fruit fly-proof containers. Additionally, malathion 
bait spray treatments would have to be applied to residential areas in 
the Arava Valley at 6- to 10-day intervals beginning not less than 30 
days before the harvest of backyard fruit fly host material in 
residential areas and continuing through the harvest. The Israeli 
Department of Plant Protection and Inspection would also conduct 
trapping for Medfly throughout the agricultural production areas of the 
Arava Valley, Israel, and if a single Medfly is captured in a 
screenhouse, exports from that screenhouse would immediately be 
cancelled until the source of the infestation is delimited, trap 
density is increased, pesticide sprays are applied, or other measures 
acceptable to APHIS are taken to prevent further occurrences. Further, 
signs in English and Hebrew must be posted along Arava Highway 90 
stating that discarding fruits and vegetables from passing vehicles is 
prohibited. Accordingly, we propose to amend Sec. 319.56-2u(b) to 
extend the production area in the Arava Valley, Israel, where peppers 
may be grown for importation into the United States to include all of 
the Arava Valley.
---------------------------------------------------------------------------

    \2\ Information on this trapping data may be obtained by writing 
to the person listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    In accordance with Sec. 319.56-2u(b)(6), peppers imported into the 
United States from the Paran region of the Arava Valley, Israel, may 
not be distributed outside of the following States: Connecticut, the 
District of Columbia, Delaware, Iowa, Illinois, Indiana, Massachusetts, 
Maryland, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New 
York, Ohio, Pennsylvania, Rhode Island, Vermont, Wisconsin, or West 
Virginia. We are proposing to amend Sec. 319.56-2u(b)(6) to eliminate 
the distribution restrictions on peppers from the Arava Valley, Israel. 
As peppers from the Arava Valley must be grown, harvested, and packed 
under the conditions described in the preceding paragraph, the 
distribution restrictions were imposed as an additional, final 
precaution against the introduction of Medfly into the United States. 
We are proposing to eliminate these distribution requirements because 
there have been no Medfly interceptions in the area of production in 
the Arava Valley. We believe that this demonstrates that the growing, 
harvesting, and packing conditions imposed on the importation into the 
United States of peppers from the Arava Valley, Israel, are dependable 
in preventing the introduction of Medfly into the United States. 
Therefore, we conclude that restricting the distribution of peppers 
from the Arava Valley in the United States is unnecessary.

Papayas From Costa Rica

    The regulations at Sec. 319.56-2w allow papayas from Costa Rica to 
be imported into the United States under certain conditions. One of the 
conditions is that an APHIS inspector in Costa Rica certify that 
specified growing, packing, and trapping requirements have been met. We 
are proposing to allow the Costa Rican Ministry of Agriculture (MAG) to 
make this certification. We are proposing this change because of the 
success of the joint effort between the Costa Rican MAG and APHIS in 
the Costa Rican papaya program. Since the inception of the papaya 
program in Costa Rica, no fruit fly larvae or adult flies have been 
intercepted in either the preclearance program in Costa Rica or at the 
port of entry in the United States. We believe that this demonstrates 
that the growing, harvesting, and trapping conditions governing the 
entry into the United States of the papayas (see Sec. 319.56-2w) are 
dependable in preventing the introduction of fruit flies into the 
United States and that the Costa Rican MAG is committed to, familiar 
with, and capable of sole oversight of the papaya program in Costa 
Rica. Therefore, we are proposing that the Costa Rican MAG would 
oversee the program as stated in Sec. 319.56-2w. All shipments of 
papayas from Costa Rica would have to be accompanied by a phytosanitary 
certificate signed by a

[[Page 14040]]

MAG official stating that the conditions of 7 CFR 319.56-2w have been 
met.
    In conjunction with this change, we are proposing to eliminate the 
trust fund agreement requirements contained in Sec. 319.56-2w(a) of the 
regulations. Currently a trust fund must be mainatined to pay for 
services that APHIS provides in the inspection and certification of 
shipments of Costa Rican papayas bound for the United States.

Medfly-Free Areas of Chile

    The regulations at Sec. 319.56-2(j) provide that all of the 
provinces of Chile, except for the Provinces of Arica, Iquique, and 
Parinacota, have been determined to be free of Medfly. We are proposing 
to declare all of the provinces of Chile, including Arica, Iquique, and 
Parinacota, free of Medfly. Recently, Chile provided APHIS with the 
trapping data, including the protocol and results of fruit sampling, 
sterile fly release, and bait spray applications, that demonstrates 
that the provinces of Arica, Iquique, and Parinacota meet the criteria 
for a Medfly-free area. Accordingly, we would amend Sec. 319.56-2(j) to 
state that all of the provinces of Chile are considered free of Medfly.
    Lastly, we are proposing to make minor editorial changes to 
Sec. 319.56-2r(a)(1) and Sec. 319.56-2g(a)(1) to correct out-of-date 
references to countries or locations.

Use of Methyl Bromide

    Methyl bromide is currently in widespread use as a fumigant. It is 
presented in this proposal as an alternative to a phytosanitary 
inspection that determines that shipments of garlic from Romania are 
apparently free of living stages of Brachycerus spp. and Dyspessa ulula 
(Bkh.). 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.

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. Based on the 
information we have, there is no basis to conclude that adoption of 
this proposed rule would result in any significant economic impact on a 
substantial number of 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 Federal Plant Pest Act and the Plant Quarantine Act (7 
U.S.C. 150dd, 150ee, 150ff, 151-165, and 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 introduce 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.

Availability of Data

    For many of the commodities proposed for importation into the 
United States in this document, data on the levels of production and 
the anticipated import volume is unavailable for a number of reasons. 
First, many of these commodities are not produced in significant 
quantities either in the United States or in the country that would be 
exporting the commodity to the United States; generally, less 
statistical data is collected-- and therefore available --for 
commodities produced in small quantities when compared to a country's 
more heavily-produced commodities. Second, some of these commodities do 
not appear to be produced in the United States at all; therefore, data 
on the U.S. production and export levels for those commodities does not 
exist. Finally, estimates of potential exports of commodities from 
foreign countries to the United States are often difficult to obtain, 
due in part to the uncertainty surrounding the cost and availability of 
transportation and the demand for the commodity in the United States.

Leeks From Belgium

    No information is available on U.S. production of leeks. Data is 
available, however, on U.S. exports and imports of the commodity. In 
1995, the United States imported 2,764 metric tons of leeks, an 
increase over the 1993 and 1994 levels (2,328 metric tons and 2,042 
metric tons, respectively). In 1995, the United States exported 3,279 
metric tons of leeks, also an increase over the 1993 and 1994 levels 
(2,519 metric tons and 2,708 metric tons, respectively).
    The fact that the United States exports leeks suggests that the 
commodity is produced in the United States. However, the volume of 
exports suggests that the level of production is low relative to other, 
more popular vegetables.
    Data on the number or size of leek producers in the United States 
is not available. However, since most U.S. vegetable and melon farms 
are small by Small Business Administration (SBA) standards, it is very 
likely that the U.S. farms that produce leeks are also small.

[[Page 14041]]

    Data on the volume of potential exports of leeks from Belgium to 
the United States is not available.

Papaya From Brazil

    In 1995, the United States produced 23,042 metric tons (fresh 
equivalent) of papaya for human consumption, valued at $18.5 million. 
In 1993 and 1994, the United States produced 28,939 metric tons and 
28,123 metric tons, respectively, of papaya for human consumption.
    Imports into the United States of fresh papaya have grown rapidly, 
to the point where imports now exceed U.S. production levels of papaya 
for human consumption. In 1995, the United States imported 33,288 
metric tons of fresh papaya, a significant increase over the 1993 and 
1994 levels (14,198 metric tons and 18,677 metric tons, respectively). 
The increase in U.S. imports of fresh papaya since 1993 is due almost 
entirely to increased shipments from Mexico, the source of most U.S. 
papaya imports. The United States is a net importer of fresh papaya, as 
exports of the commodity from the United States did not exceed 8,293 
metric tons in any of the years between 1993 and 1995.
    In 1992, papaya was produced at 519 farms in the United States. It 
is not known how many of those farms are considered small entities 
under SBA standards, since information on their sizes is not available. 
However, most are probably small, since most U.S. farms whose revenues 
are derived primarily from the sale of fruits and tree nuts are 
considered small.
    In 1993, Brazil was the world's largest producer of papaya. In that 
year, Brazil produced an estimated 1,750,000 metric tons of papaya, 
30.1 percent of the world's total. No data is available, however, on 
the volume of potential exports of this commodity from Brazil to the 
United States.

Radicchio From Ecuador

    Data on radicchio production for the entire United States is not 
available. However, production data is available for the State of 
California, where most, if not all, of U.S. radicchio is produced. In 
1994, California produced 7,040 metric tons of radicchio, an increase 
over the State's 1993 volume of 6,387 metric tons. California's 1994 
production had a value of $7.7 million. No information on U.S. (or 
California) trade in radicchio is available.
    Data on the number or size of radicchio producers in the United 
States (or California) is not available. However, since most U.S. 
vegetable and melon farms are considered small by SBA standards, it is 
very likely that the U.S. farms that produce radicchio are also small.
    Information on Ecuador's production and export of radicchio, 
including potential exports to the United States, is not available.

Eggplant From El Salvador

    In 1995, the United States produced 28,710 metric tons of eggplant, 
with a value of $16.2 million. In 1993 and 1994, domestic production 
levels were 34,160 metric tons and 35,380 metric tons, respectively. 
U.S. production has been supplemented by a steadily growing level of 
eggplant imports, 18,154 metric tons in 1993, 21,302 metric tons in 
1994, and 24,946 metric tons in 1995. The United States is a net 
importer of eggplant, as exports of the commodity from the United 
States did not exceed 9,090 metric tons in any of the years between 
1993 and 1995.
    In 1992, the latest year for which data is available, eggplant was 
produced at 2,203 farms in the United States. It is not known how many 
of these farms are considered small entities under SBA standards, since 
information as to their size is not available. However, most are 
probably small, since most vegetable and melon farms in the United 
States are small.
    Data on the volume of eggplant production in El Salvador is not 
available. Data on the volume of potential exports of eggplant from El 
Salvador to the United States is also not available.

Basil and Dill From Guatemala

    Information on U.S. production and exportation of basil is not 
available, but indicators suggest that basil is not grown commercially 
in significant quantities in the United States. In 1995, the United 
States imported 3,404 metric tons of basil with a value of $4.9 
million. U.S. basil imports in 1994 and 1993 were 3,216 metric tons and 
2,449 metric tons, respectively.
    Information on U.S. production and exportation of dill is not 
available, but indicators suggest that dill, like basil, is not grown 
commercially in significant quantities in the United States. In 1995, 
the United States imported 766 metric tons of dill with a value of $1.0 
million. U.S. dill imports in 1994 and 1993 were 949 metric tons and 
828 metric tons, respectively.
    Guatemala currently produces basil and dill for its local market 
only. No data is available on the exact level of basil or dill 
production in Guatemala, but the volume is believed to be very small. 
Data on the volume of potential exports of these commodities from 
Guatemala to the United States is not available.

Mioga Ginger From Japan

    No information is available on U.S. production or exportation of 
the flowers, leaves, and stems of mioga ginger. The absence of such 
data suggests that commercial production of mioga ginger in the United 
States is negligible, at most. Mioga ginger is a spice, and most spices 
are not grown commercially in significant quantities in the United 
States. Data on U.S. imports of mioga ginger is also not available.
    Japan produced 6,638 metric tons of mioga ginger in 1994. No 
information is available on the potential volume of exports of this 
commodity from Japan to the United States. At the present time, all 
mioga ginger produced in Japan is consumed locally; none is exported.

Leek From The Netherlands

    Data on U.S. production and trade of leeks is discussed above under 
the heading ``Leeks from Belgium.''
    In 1994, The Netherlands produced 102,727 metric tons of leeks, and 
its exports of leeks that year totaled 43,764 metric tons. In 1995, the 
Netherlands exported 51,062 metric tons of leeks, with just over 50 
percent of those exports directed to Germany. Potential exports of 
leeks from The Netherlands to the United States could reach 1,000 
metric tons annually, depending on such factors as the cost and 
availability of air transportation and demand in the United States. 
However, as the United States is a net exporter of leeks, it is 
doubtful that consumer demand in the United States will encourage a 
substantial volume of leek imports from The Netherlands.

Eggplant From Nicaragua

    Data on U.S. production and trade of eggplant is discussed above 
under the heading ``Eggplant from El Salvador.''
    To date, all of the eggplant produced commercially in Nicaragua has 
been consumed locally. No data is available, however, on the volume of 
eggplant production in Nicaragua. In addition, no data on the volume of 
potential exports of eggplant from Nicaragua to the United States is 
available. However, relatively small quantities are likely to be 
imported. In 1993, for example, Nicaragua produced little or no 
eggplant, and its production of all vegetables and melons that year 
totaled only 59,000 metric tons. By comparison, U.S. supply 
(domestically produced and imported) of eggplant alone in 1993 totaled 
52,314 metric tons, just slightly less than Nicaragua's entire 
vegetable and melon production that year.

[[Page 14042]]

Radicchio From Nicaragua

    Data on the production of radicchio in California is discussed 
above under the heading ``Radicchio from Ecuador.''
    Nicaragua currently produces radicchio for its local market. No 
data is available on the exact volume of radicchio production in 
Nicaragua, but the volume is believed to be very small. Data on the 
volume of potential exports of radicchio from Nicaragua to the United 
States is also not available.

Garlic From Romania

    In 1995, the United States produced 232,010 metric tons of fresh 
garlic, valued at $179.8 million. In 1993 and 1994, domestic production 
levels were 188,690 metric tons and 208,200 metric tons, respectively. 
While U.S. production has been growing rapidly, U.S. imports of garlic 
have steadily declined, 39,381 metric tons in 1993, 21,705 metric tons 
in 1994, and 18,594 metric tons in 1995. U.S. exports of the commodity 
have also steadily declined, from 11,274 metric tons in 1993 to 7,659 
metric tons in 1995.
    In 1992, garlic was produced at 619 U.S. farms. It is not known how 
many of these farms are considered small entities under SBA standards, 
since information as to their size is not available. However, most are 
probably small, since most vegetable and melon farms in the United 
States are small.
    In 1995, Romania produced 58,000 metric tons of garlic, an increase 
over the country's 1994 and 1993 production levels (56,400 metric tons 
and 48,900 metric tons, respectively). In 1996, Romanian garlic 
production is estimated to have fallen to approximately 50,000 metric 
tons, due to unfavorable weather conditions. Data on the volume of 
potential exports of garlic from Romania to the United States is not 
available. However, trade sources within Romania indicate that the 
prospects for future exports to the United States are reduced, owing to 
both the high price and low quality of Romanian garlic.
    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 12988

    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. 96-046-1. 
Please send a copy of your comments to: (1) Docket No. 96-046-1, 
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. 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.
    The paperwork associated with the importation of the fruits and 
vegetables named in this document would include the completion of 
phytosanitary certificates and fruit fly monitoring records. We are 
soliciting comments from the public (as well as affected agencies) 
concerning our 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 protection authorities.
    Estimated number of respondents: 50.
    Estimated number of responses per respondent: 10.
    Estimated total annual burden on respondents: 656 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 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:


[[Page 14043]]


    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).


Sec. 319.56-2  [Amended]

    4. In Sec. 319.56-2, paragraph (j) would be amended by removing the 
words ``except Arica, Iquique, and Parinacota'.
    5. In Sec. 319.56-2g, paragraph (a) would be revised to read as 
follows:


Sec. 319.56-2g  Adminstrative instructions prescribing method of 
treatment of garlic from specified countries.

    (a) Except as otherwise provided in these administrative 
instructions, fumigation with methyl bromide in vacuum fumigation 
chambers, in accordance with the Plant Protection and Quarantine 
Treatment Manual, which is incorporated by reference at Sec. 300.1 of 
this chapter, is a condition of entry under permit for all shipments of 
garlic (Allium sativum) from Algeria, Armenia, Austria, Azerbaijan, 
Czech Republic, Egypt, Estonia, France, Georgia, Germany, Greece, 
Hungary, Iran, Israel, Italy, Latvia, Lithuania, Moldova, Morocco, 
Portugal, Romania, the area of the Russian Federation west of the Ural 
Mountains, Slovakia, South Africa (Republic of), Spain, Switzerland, 
Syria, Turkey, Ukraine, and the area of the former Yugoslavia. 
Fumigation is to be carried out under the supervision of a plant 
quarantine inspector and at the expense of the importer. While it is 
believed that the garlic will be unaffected by the fumigation, the 
treatment will be at the importer's risk. Such entry will be limited to 
ports named in the permits, where approved facilities for vacuum 
fumigation with methyl bromide are available.
* * * * *


Sec. 319.56-2r  [Amended]

    6. In Sec. 319.56-2r, paragraph (a)(1) would be amended by removing 
the words ``, and West Germany'', by adding the word ``Germany,'' 
immediately following the word ``France'', and by adding the word 
``and'' immediately following the word ``Sweden,''.
    7. In Sec. 319.56-2t, the table would be amended by adding, in 
alphabetical order, the following entries:


Sec. 319.56-2t  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables.

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
         Country/locality                Common name           Botanical name                                  Plant part(s)                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Belgium...........................  Leek.................  Allium spp...........  Whole plant. (Must be accompanied by a phytosanitary certificate      
                                                                                   issued by the Ministry of Agriculture of Belgium stating that the    
                                                                                   leek is apparently free of Acrolepiopsis assectella.)                
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Ecuador                                                                                                                                                 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
                                    Radicchio............  Cichorium spp........  Above ground parts.                                                   
El Salvador                                                                                                                                             
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
                                    Eggplant.............  Solanum melongena....  Fruit.                                                                
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Guatemala                                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
                                    Basil................  Ocimum spp...........  Above ground parts.                                                   
                                    Dill.................  Anethum graveolens...  Above ground parts.                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Japan.............................  Mioga Ginger.........  Zingiber mioga.......  Above ground parts.                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Netherlands.......................  Leek.................  Allium spp...........  Whole plant. (Must be accompanied by a phytosanitary certificate      
                                                                                   issued by the Ministry of Agriculture of The Netherlands stating that
                                                                                   the leek is apparently free of Acrolepiopsis assectella.)            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Nicaragua                                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
                                    Eggplant.............  Solanum melongena....  Fruit.                                                                
                                    Radicchio............  Cichorium spp........  Above ground parts.                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 319.56-2u  [Amended]

    8. Section 319.56-2u would be amended as follows:
    a. In paragraph (b)(1), by removing the words ``in the Paran region 
of''.
    b. In paragraph (b)(2), by removing the word ``Paran'' and by 
adding in its place the words ``the Arava Valley''.
    c. By removing paragraph (b)(6) and redesignating paragraphs (b)(7) 
through (b)(9) as paragraphs (b)(6) through (b)(8), respectively.
    d. In newly designated paragraph (b)(6), by removing the word 
``Paran''

[[Page 14044]]

and by adding in its place the words ``the Arava Valley'.
    e. In newly designated paragraph (b)(7), by removing the word 
``Paran'' and by adding in its place the words ``the Arava Valley''.
    9. Section 319.56-2w would be revised to read as follows:


Sec. 319.56-2w  Administrative instruction; conditions governing the 
entry of papayas from Brazil and Costa Rica.

    The Solo type of papaya may be imported into the continental United 
States, Alaska, Puerto Rico, and the U.S. Virgin Islands from the State 
of Espirito Santo, Brazil, and the provinces of Guanacaste, San Jose, 
and Puntarenas, Costa Rica, only under the following conditions:
    (a) The papayas were grown and packed for shipment to the United 
States in the State of Espirito Santo, Brazil, or in the provinces of 
Guanacaste, San Jose, and Puntarenas, Costa Rica.
    (b) Beginning at least 30 days before harvest began and continuing 
through the completion of harvest, all trees in the field where the 
papayas were grown were kept free of papayas that were \1/2\ or more 
ripe (more than \1/4\ of the shell surface yellow), and all culled and 
fallen fruits were removed from the field at least twice a week.
    (c) When packed, the papayas were less than \1/2\ ripe (the shell 
surface was no more than \1/4\ yellow, surrounded by light green), and 
appeared to be free of all injurious insect pests.
    (d) The papayas were packaged so as to prevent access by fruit 
flies and other injurious insect pests, and the package does not 
contain any other fruit, including papayas not qualified for 
importation into the United States.
    (e) All activities described in paragraphs (a) through (d) of this 
section were carried out under the general supervision and direction of 
plant health officials of the national Ministry of Agriculture.
    (f) Beginning at least 1 year before harvest begins and continuing 
through the completion of harvest, fruit fly traps were maintained in 
the field where the papayas were grown. The traps were placed at a rate 
of 1 trap per hectare and were checked for fruit flies at least once 
weekly by plant health officials of the national Ministry of 
Agriculture. Fifty percent of the traps were of the McPhail type, and 
fifty percent of the traps were of the Jackson type. The national 
Ministry of Agriculture kept records of fruit fly finds for each trap, 
updated the records each time the traps were checked, and made the 
records available to APHIS inspectors upon request. The records were 
maintained for at least 1 year.
    (g) All shipments must be accompanied by a phytosanitary 
certificate issued by the national Ministry of Agriculture stating that 
the papayas were grown, packed, and shipped in accordance with the 
provisions of this section.

    Done in Washington, DC, this 19th day of March 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-7455 Filed 3-24-97; 8:45 am]
BILLING CODE 3410-34-P