[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Proposed Rules]
[Pages 25561-25562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12083]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 97-011-1]


Importation of Coffee

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to revise the regulations for importing 
coffee by removing unnecessary text, updating references to officials 
of the Animal and Plant Health Inspection Service, and clarifying the 
requirements for moving samples of unroasted coffee through Hawaii and 
Puerto Rico to other destinations and the prohibitions on importing 
coffee berries or fruits. These nonsubstantive changes would make the 
regulations easier to read and understand, thereby facilitating 
compliance.

DATES: Consideration will be given only to comments received on or 
before July 8, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-011-1, 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. 97-011-1. 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. James Petit de Mange, Staff 
Officer, Import-Export Team, PPQ, APHIS, 4700 River Road Unit 140, 
Riverdale, MD 20737-1236; phone (301) 734-6799; fax (301) 734-5786; or 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations contained in 7 CFR 319.73 through 319.73-4, 
``Subpart-- Coffee'' (referred to below as the coffee regulations), 
restrict the importation of coffee from foreign countries and 
localities. The coffee regulations are intended to prevent the 
introduction of coffee berry borers Hypothenemus hampei (Ferrari) and a 
rust disease caused by the fungus Hemileia vastatrix (Berkeley and 
Broome) into Hawaii and Puerto Rico, where coffee is commercially 
grown.
    Section 319.73-2 of the coffee regulations prohibits the 
importation into Hawaii and Puerto Rico of unroasted coffee, coffee 
berries or fruits, coffee plants and leaves, and empty sacks previously 
used for unroasted coffee. Section 319.73-3 of the coffee regulations 
allows samples of unroasted coffee to transit Hawaii or Puerto Rico in 
the mail or as cargo, provided the samples are packaged so as to 
prevent the escape of any plant pests that may be present in the 
samples.
    We propose to amend the coffee regulations to remove unnecessary 
text, update references to officials of the Animal and Plant Health 
Inspection Service (APHIS), and make other nonsubstantive changes to 
clarify the transit provisions. In addition, we propose to amend the 
import provisions to make it clear that coffee fruits or berries are 
prohibited importation into all parts of the United States because they 
present a significant risk of introducing the Mediterranean fruit fly, 
which attacks a wide range of host material grown throughout the United 
States. The regulations at 7 CFR 319.37-2(a), ``Subpart--Nursery Stock, 
Plants, Roots, Bulbs, Seeds, and Other Plant Products,'' prohibit the 
importation into the United States of seeds of all kinds when in pulp 
from all countries of the world except Canada. This prohibition covers 
coffee fruits or berries. However, the coffee regulations only prohibit

[[Page 25562]]

importations into Hawaii and Puerto Rico. The prohibition on importing 
coffee fruits or berries into other parts of the United States may not 
be clear to the public because it is not stated in the coffee 
regulations. Therefore, we propose to state in Sec. 319.73-2 that 
coffee fruits or berries are prohibited importation into all parts of 
the United States in accordance with 7 CFR 319.37-2(a). These changes 
would clarify the regulations and make them easier to understand, 
thereby facilitating compliance.

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.
    This proposed rule would update and clarify the regulations for 
importing coffee into the United States and for moving samples of 
unroasted coffee through Hawaii and Puerto Rico in transit to other 
destinations. This proposed rule would make no substantive changes in 
import or transit requirements. Therefore, it should have no economic 
impact on any United States entities, whether large or small.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects in 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 part 319 would be revised to read as follows:

PART 319--FOREIGN QUARANTINE NOTICES

Subpart--Coffee

Sec.
319.73-1  Definitions.
319.73-2  Products prohibited importation.
319.73-3  Conditions for transit movement of certain products 
through Puerto Rico or Hawaii.
319.73-4  Costs.

    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. 319.73-1  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
employee of the United States Department of Agriculture delegated to 
act in his or her stead.
    Inspector. Any individual authorized by the Administrator to 
enforce this subpart.
    Sample. Unroasted coffee not for commercial resale. Intended use 
includes, but is not limited to, evaluation, testing, or market 
analysis.
    United States. The States, District of Columbia, Guam, Northern 
Mariana Islands, Puerto Rico, and the Virgin Islands of the United 
States.
    Unroasted coffee. The raw or unroasted seeds or beans of coffee.


Sec. 319.73-2  Products prohibited importation.

    (a) To prevent the spread of the coffee berry borer Hypothenemus 
hampei (Ferrari) and the fungus Hemileia vastatrix (Berkely and 
Broome), which causes an injurious rust disease, the following articles 
are prohibited importation into Hawaii and Puerto Rico, except as 
provided in Sec. 319.73-3 of this subpart:
    (1) Unroasted coffee;
    (2) Coffee plants and leaves; and
    (3) Empty sacks previously used for unroasted coffee.
    (b) Due to the risk of Mediterranean fruit fly, coffee berries or 
fruits with pulp are prohibited importation into all parts of the 
United States by Sec. 319.37-2(a) of this part.


Sec. 319.73-3  Conditions for transit movement of certain products 
through Puerto Rico or Hawaii.

    (a) Mail. Samples of unroasted coffee that are transiting Hawaii or 
Puerto Rico en route to other destinations and that are packaged to 
prevent the escape of any plant pests may proceed without action by an 
inspector. Packaging that would prevent the escape of plant pests 
includes, but is not limited to, sealed cartons, air tight containers, 
or vacuum packaging. Samples of unroasted coffee received by mail but 
not packaged in this manner are subject to inspection and safeguard by 
an inspector. These samples must be returned to origin or forwarded to 
a destination outside Hawaii or Puerto Rico in a time specified by an 
inspector and in packaging that will prevent the escape of any plant 
pests. If this action is not possible, the samples must be destroyed.
    (b) Cargo. Samples of unroasted coffee that are transiting Hawaii 
or Puerto Rico as cargo and that remain on the carrier may proceed to a 
destination outside Hawaii or Puerto Rico without action by an 
inspector. Samples may be transshipped in Puerto Rico or Hawaii only 
after an inspector determines that they are packaged to prevent the 
escape of any plant pests. Samples that are not packaged in this manner 
must be rewrapped or packaged in a manner prescribed by an inspector to 
prevent the escape of plant pests before the transshipment will be 
allowed.
    (c) Other mail, cargo, and baggage shipments of articles covered by 
Sec. 319.73-2 arriving in Puerto Rico or Hawaii may not be unloaded or 
transshipped in Puerto Rico or Hawaii and are subject to inspection and 
other applicable requirements of the Plant Safeguard Regulations (part 
352 of this chapter).


Sec. 319.73-4  Costs.

    All costs of inspection, packing materials, handling, cleaning, 
safeguarding, treating, or other disposal of products or articles under 
this subpart will be borne by the owner or a responsible representative 
of the commodity. The services of an inspector during regularly 
assigned hours of duty and at the usual places of duty will be 
furnished without cost to the importer.

    Done in Washington, DC, this 5th day of May 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-12083 Filed 5-8-97; 8:45 am]
BILLING CODE 3410-34-P