[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Rules and Regulations]
[Pages 50231-50237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25488]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 96-046-3]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are allowing a number of previously prohibited fruits and
vegetables to be imported into the United States from certain parts of
the world. All of the fruits and vegetables, as a condition of entry,
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 meet other special conditions. The removal of these prohibitions
provides 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 amending the regulations 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 relieve restrictions while
continuing to prevent the introduction of plant pests into the United
States.
EFFECTIVE DATE: September 25, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Campbell, Staff Officer,
Port Operations, 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.
On March 25, 1997, we published in the Federal Register (62 FR
14037-14044, Docket No. 96-046-1) a proposal to amend the regulations
by allowing certain previously prohibited 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 fruit flies or other injurious plant pests 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 analyses 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
May 27, 1997. We received 11 comments by that date. They were from
representatives of industry and State governments. Six of the
commenters supported the proposed rule in its entirety. The remaining 5
commenters had reservations about specific provisions of the proposed
rule. Of those 5 commenters, 3 commenters had concerns about the
proposed importation of papayas from Brazil. Upon further review and
consideration of this issue, we are taking final action at this time on
all portions of our March 27, 1997, proposed rule except the portion
concerning papayas from Brazil. APHIS Docket No. 96-046-2 in this
edition of the Federal Register seeks comment on our proposal to
require a hot water treatment and require that certain actions be taken
if fruit fly captures reach certain levels in the papaya production
areas for the importation of papayas from both Brazil and Costa Rica.
The proposal also seeks comment on any other issues involving the
importation of papayas from Brazil.
[[Page 50232]]
The comments we have already received that raised concerns about
actions other than the proposed importation of papayas from Brazil are
discussed below.
Comment: Although the proposed rule mentions the risk associated
with the introduction of injurious exotic insect pests and proposes
criteria to prevent their movement into the United States with imported
fruits and vegetables, the proposed rule does not refer to the possible
introduction of exotic fungal, bacterial, and viral strains.
Response: The pest risk analysis prepared for each fruit or
vegetable proposed for importation into the United States considers all
of the injurious plant pests that might be associated with that fruit
or vegetable. The term ``pest'' includes insect pests and all fungal,
bacterial, and viral pathogens for which a plant may be a host. Our
requirements for the importation of each fruit and vegetable covered in
this rule present safeguards that we believe are adequate to prevent
the introduction of all injurious plant pests into the United States.
Comment: More thorough pest risk analyses need to be prepared, and
more thorough inspections need to be administered, to ensure that
injurious plant pests do not enter the United States. Particularly
without more detailed inspections, it is unreasonable to assume that
any injurious plant pests will be, as stated in the proposed rule,
``readily detectable by an inspector.''
Response: All fruits and vegetables imported into the United States
are subject to inspection at the port of entry in the United States by
a U.S. Department of Agriculture (USDA) inspector. The inspector
visually examines shipments for plant pests, or evidence of the
presence of plant pests (for example, holes bored into fruit). When we
say that certain plant pests are ``readily detectable by an
inspector,'' we mean that these pests can be detected upon visual
examination. The level of inspection we provide for a given shipment
takes into account a number of factors, including pest interception
records and the relative risk presented by pests associated with a
particular fruit or vegetable. We believe that our inspections are
conducted in a manner that provides a high degree of assurance that we
will detect plant pests if they are present.
Regarding our pest risk analyses, we believe that the pest risk
analyses we prepare and the safeguards we propose effectively prevent
the introduction of plant pests by the commodities proposed for entry.
Our pest risk analyses follow the guidelines accepted by the United
Nations' Food and Agriculture Organization, International Plant
Protection Convention, and North American Plant Protection Organization
and provide written documentation on the pest risk potential for
organisms that rank high for the likelihood of introduction and
establishment. Pest risk analyses prepared for our proposed rules are
available for public review and comment during the public comment
period for the proposed rules.
Comment: Due to the stem nematode Ditylenchus dispaci, basil from
Guatemala and leeks from Belgium and the Netherlands should be
fumigated in accordance with the same provisions proposed for garlic
from Romania before entering the United States.
Response: Ditylenchus dispaci is widespread in the United States
and, therefore, is not considered an exotic plant pest. It is not
subject to the same stringent measures, such as fumigation, taken to
prevent the introduction of exotic plant pests into the United States.
However, there are certain factors that will mitigate the risk of
Ditylenchus dispaci entering the United States with a shipment of leeks
from Belgium or the Netherlands. Nematodes, including Ditylenchus
dispaci, are found in soil or on the roots of plants; the plant hosts
of nematodes must be planted, or must have a considerable amount of
soil attached, in order for the nematodes to survive. Neither roots nor
soil will be attached to basil imported from Guatemala, and though a
small number of root hairs may be attached to leeks imported from
Belgium or the Netherlands, those leeks will be required, under 7 CFR
330.300, to be cleaned of soil before importation to the United States.
Further, basil from Guatemala and leeks from Belgium and the
Netherlands will be imported into the United States for human
consumption, not propagation.
For all of these reasons, we are not making any changes to the
proposed rule in response to this comment.
Comment: Leeks from Belgium and the Netherlands could introduce
several mites and aphids which may carry several serious pathogens,
including leek yellow stripe potyvirus, shallot latent virus, and white
tip disease, into the United States. Therefore, further consideration
needs to be taken before these leeks are allowed to enter the United
States.
Response: Leek yellow stripe potyvirus and shallot latent virus are
spread by insect vectors, such as mites and aphids, but these viruses
are transmitted in a nonpersistent manner, that is, the virus only
survives in the vector for a few minutes. Therefore, it is unlikely
that a mite or aphid associated with leeks from Belgium or the
Netherlands arriving in the United States would carry an active strain
of either virus.
White tip disease is not transmitted by vectors, so it is unlikely
that a mite or aphid associated with leeks from Belgium or the
Netherlands would introduce this disease into the United States.
Therefore, we are making no changes to the proposed rule in response to
this comment.
Comment: Globodera rostochiensis and Globodera pallida cysts could
infest leeks from both Belgium and the Netherlands, as well as garlic
from Romania. However, these pests are not mentioned in the pest risk
analysis for leeks. Further analysis of the risk associated with these
pests should be completed before the importation of such leeks or
garlic is approved.
Response: Long considered one species, the golden nematode
(Heterodera rostochiensis), also referred to as the potato cyst
nematode, includes in fact two distinct species forming the genus
Globodera: Globodera rostochiensis and Globodera pallida. Golden
nematode, as a collective reference to Globodera rostochiensis and
Globodera pallida, creates cysts on the roots of host crops. These
nematodes are not listed in the pest risk analysis for leeks from
Belgium and the Netherlands or garlic from Romania because Allium spp.
are not host crops for these nematodes.
In addition, as discussed earlier, neither roots nor soil will be
attached to leeks imported from Belgium or the Netherlands, or to
garlic from Romania. Therefore, we do not believe that nematodes of any
species will be associated with these imports. Also, the risk that any
nematode would be introduced and become established in the United
States on imported leeks is minimized by the fact that the leeks are
imported for human consumption, not propagation.
In the unlikely event that golden nematode is associated with a
shipment of leeks from Belgium or the Netherlands or garlic from
Romania, the cysts that this pest creates are readily detectable by
inspection. If, upon inspection, a shipment of leeks from Belgium or
the Netherlands or garlic from Romania is determined to be infested
with golden nematode, the shipment would be destroyed or returned to
its country of origin. Therefore, we are not making any changes to the
proposed rule in response to this comment.
[[Page 50233]]
Comment: In order to limit the introduction into Florida of exotic
pests, such as Retithrips syriacus, that may be associated with peppers
from Israel, APHIS should continue to limit the distribution of peppers
from Israel to the northern United States.
Response: Retithrips syriacus has been established in Florida for
several years; therefore, this pest cannot be considered an exotic
plant pest and is not subject to the same stringent quarantine measures
taken to prevent the introduction of an exotic plant pest into the
United States. As such, neither APHIS nor the State of Florida has
promulgated regulations to restrict the movement of this pest. However,
there is little risk of Retithrips syriacus or other plant pests
entering the United States with a shipment of peppers from Israel's
Arava Valley. In the Arava Valley, Israel, peppers are grown, sorted,
and packaged in insect-proof screenhouses. This production method
effectively controls pest populations in growing, sorting, and
packaging areas and helps ensure that pests are not present in export
shipments of peppers. Therefore, we are not making any changes to the
proposed rule in response to this comment.
Comment: Eggplant is a host of the Mediterranean fruit fly
(Medfly), and Medfly occurs in both Nicaragua and El Salvador. However,
Medfly is not discussed in the pest risk analysis for eggplant from
Nicaragua and El Salvador. The pest risk potential associated with the
importation of eggplant should be determined prior to allowing the
importation of eggplant from these two countries.
Response: Review of the scientific literature reveals that eggplant
is a host of Medfly only when fully ripe and when other Medfly hosts
are not available.
For this reason, we believe that eggplant imported from Nicaragua
or El Salvador presents a relatively low risk of harboring Medfly.
However, to further reduce the risk of Medfly associated with eggplant
imported from Nicaragua and El Salvador, we are allowing only
commercial shipments of eggplant from these countries to enter the
United States. Commercial shipments, as defined in Sec. 319.56-1, are
shipments of fruits and vegetables that an inspector identifies as
having been produced for sale and distribution in mass markets. Such
identification is based on a variety of indicators, including, but not
limited to: quantity of produce, type of packaging, identification of
grower or packing house on the packaging, and documents consigning the
shipment to a wholesaler or retailer.
Eggplant produced for sale and distribution in mass markets is
harvested at a stage of development when susceptibility to Medfly
infestation is unlikely. Conversely, wild or ``backyard'' produce,
including eggplant, is generally grown and handled under very different
conditions than commercially-produced fruits and vegetables (e.g., wild
or backyard produce usually involves different varieties of produce and
different cultivating techniques, little or no pest control, and a lack
of sanitary controls during growing and packing, such as removal and
destruction of overripe and damaged fruit). As a result, there is
reason to believe that wild or backyard produce presents a greater pest
risk than commercially produced fruits and vegetables. This rule will
not allow eggplant grown under these conditions to be imported into the
United States.
Comment: In the pest risk analysis for eggplant from Nicaragua and
El Salvador, APHIS states that it has not determined the pest risk
potential for Faustinius spp., insect pests that may be carried into
the United States with the eggplant. This pest risk needs to be
determined, and if necessary additional mitigation measures taken,
before eggplant from Nicaragua or El Salvador is allowed entry into the
United States.
Response: Because we are limiting imports of eggplant to commercial
shipments, as discussed above, we expect the measures taken by
commercial growers in Nicaragua and El Salvador to prevent the
introduction of injurious plant pests, including Faustinius spp., into
the United States. However, there are other factors that help mitigate
the risk of the introduction of Faustinius spp. into the United States.
Larvae of the Faustinius spp. bore into the shoots and stems of
eggplant to pupate and are only very occasionally associated with the
fruit of eggplant. Because Sec. 319.56-2(a) of the regulations requires
all importation of fruits and vegetables to be free of plants or
portions of plants, all but a very small portion of an eggplant's stem
is removed prior to shipment to the United States. Therefore, we do not
expect Faustinius spp. to be associated with eggplant from Nicaragua or
El Salvador.
Certain species of Faustinius are established in areas of the
United States, and these species are therefore not considered exotic
pests and are not subject to the same stringent quarantine measures
taken to prevent the introduction of an exotic plant pest into the
United States. However, at the U.S. port of entry inspection, the holes
created by the larvae in the stems or fruit of any eggplant infested
with Faustinius would be readily detectable, and an infested shipment
of eggplant would not be released until APHIS personnel have identified
the pests within the shipment. If a shipment of eggplant from Nicaragua
or El Salvador is determined to be infested by an exotic species of
Faustinius, the shipment would be destroyed or returned to its country
of origin. Therefore, we are making no changes to the proposed rule in
response to this comment.
Miscellaneous
We are not revising the incorporation by reference of the Plant
Protection and Quarantine Treatment Manual at Sec. 300.1 of the
regulations, as we proposed, because the treatment schedule for the
methyl bromide fumigation of garlic borer (Brachycerus spp.) and garlic
moth (Dyspessa ulula [Bkh.]) will not change. The countries from which
garlic may be exported to the United States, including Romania, are
only listed in Sec. 319.56-2g of the regulations; the PPQ Treatment
Manual does not list those eligible countries and therefore does not
require revision.
We are also making several nonsubstantive editorial changes to the
regulations for clarity and consistency.
Therefore, based on the rationale presented in our proposed rule
and in this document, we are adopting the provisions of the proposed
rule, with exception of the proposed importation of papayas from
Brazil, as a final rule with the changes described above.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. Therefore, the Administrator of the Animal and Plant Health
Inspection Service has determined that this rule should be effective
upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for 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, set forth below,
[[Page 50234]]
regarding the economic impact of this rule on small entities. Based on
the information we have, there is no basis to conclude that this rule
will result in any significant economic impact on a substantial number
of small entities.
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 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.
Our 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 analyses 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, are 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 are required to undergo mandatory treatment for injurious
plant pests as a condition of entry, or to meet other special
conditions. This action provides 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 made eligible for importation into the
United States by 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.
Data on the volume of potential exports of leeks from Belgium to
the United States is not available.
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,
[[Page 50235]]
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.
Leeks 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.
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 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.
The information collection requirements contained in this rule,
which were described in the proposed rule, have been submitted for
approval to the Office of Management and Budget.
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 fruits and vegetables are
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
submitted for approval to the Office of Management and Budget (OMB).
When OMB notifies us of its decision, we will publish a document in the
Federal Register providing notice of the assigned OMB control number
or, if approval is denied, providing notice of what action we plan to
take.
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 is amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. 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).
Sec. 319.56-2 [Amended]
2. In Sec. 319.56-2, paragraph (j) is amended by removing the words
``except Arica, Iquique, and Parinacota''.
3. In Sec. 319.56-2g, paragraph (a) is revised to read as follows:
Sec. 319.56-2g Administrative instructions prescribing method of
treatment of garlic from specified countries.
(a) Except as otherwise provided in these administrative
instructions, fumigation with methyl bromide in
[[Page 50236]]
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]
4. In Sec. 319.56-2r, paragraph (a)(1) is 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,''.
5. In Sec. 319.56-2t, the table is 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, commercial
shipments only.
* * * * * *
*
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, commercial
shipments only.
Radicchio.............. Cichorium spp............... Above ground parts.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 319.56-2u [Amended]
6. Section 319.56-2u is 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'' 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''.
7. Section 319.56-2w is revised to read as follows:
[[Page 50237]]
Sec. 319.56-2w Administrative instruction; conditions governing the
entry of papayas from 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
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 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 packed in an enclosed container or under cover
so as to prevent access by fruit flies and other injurious insect
pests, and were not packed with 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 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25488 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-34-P