[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