[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Proposed Rules]
[Pages 30646-30655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14957]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed
Rules
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 97-107-1]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the Fruits and Vegetables
regulations to list a number of fruits and vegetables from certain
parts of the world as eligible, under specified conditions, for
importation into the United States. All of the fruits and vegetables,
as a condition of entry, would be inspected and subject to disinfection
at the port of first arrival as may be required by a U.S. Department of
Agriculture inspector. In addition, some of the fruits and vegetables
would be required to meet other special conditions. This action would
provide the United States with additional kinds and sources of fruits
and vegetables while continuing to provide protection against the
introduction of injurious plant pests by imported fruits and
vegetables.
We are also proposing to declare certain areas in Mexico as fruit
fly-free areas. Those areas would include three municipalities in the
State of Baja California Sur, six municipalities in the State of
Chihuahua, and six municipalities in the State of Sonora. This action
would relieve restrictions while continuing to prevent the introduction
of plant pests into the United States.
DATES: Consideration will be given only to comments received on or
before August 4, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-107-1, 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. 97-107-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Campbell, Import
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-6799; or E-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.56 through 319.56-8 (referred to below
as ``the regulations'') prohibit or restrict the importation of fruits
and vegetables into the United States from certain parts of the world
to prevent the introduction and dissemination of fruit flies and other
injurious plant pests that are new to or not widely distributed within
and throughout the United States.
We are proposing to amend the regulations to list a number of
fruits and vegetables from certain parts of the world as eligible,
under specified conditions, for importation into the United States. We
are proposing this action at the request of various importers and
foreign ministries of agriculture, and after conducting pest risk
analyses \1\ that indicate the fruits or vegetables can be imported
under certain conditions without significant pest risk.
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\1\ Information on these pest risk analyses and any other pest
risk analysis referred to in this document may be obtained by
writing to the person listed under FOR FURTHER INFORMATION CONTACT
or by calling the Plant Protection and Quarantine (PPQ) fax vault at
301-734-3560.
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All of the fruits and vegetables included in this document would
have to be imported under permit and subject to the requirements in
Sec. 319.56-6 of the regulations. Section 319.56-6 provides, among
other things, that all imported fruits and vegetables, as a condition
of entry, shall be inspected, and shall be subject to such disinfection
at the port of first arrival as may be required by a U.S. Department of
Agriculture (USDA) inspector, to detect and eliminate plant pests.
Section 319.56-6 also provides that any shipment of fruits and
vegetables may be refused entry if the shipment is so infested with
fruit flies or other injurious plant pests that an inspector determines
that it cannot be cleaned or treated.
Some of the fruits and vegetables proposed for importation would be
required to meet other special conditions. The proposed conditions of
entry, which are discussed in greater detail below, appear adequate to
prevent the introduction and dissemination of fruit flies and other
injurious plant pests by the importation of these fruits and
vegetables.
Subject to Inspection and Treatment Upon Arrival
We are proposing to amend the list in Sec. 319.56-2t to recognize
the following fruits and vegetables as eligible for importation into
the United States from the country or locality indicated in accordance
with Sec. 319.56-6 and all other applicable requirements of the
regulations:
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Country/locality Common name Botanical name Plant part(s)
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Ecuador.......................... Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
El Salvador...................... Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
[[Page 30647]]
Guatemala........................ Rhubarb.................. Rheum rhabarbarum....... Above ground parts.
Israel........................... Parsley.................. Petroselinum crispum.... Above ground parts.
Mexico........................... Salicornia............... Salicornia spp.......... Above ground parts.
Nicaragua........................ Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
Mint..................... Mentha spp.............. Above ground parts.
Parsley.................. Petroselinum crispum.... Above ground parts.
Rosemary................. Rosmarinus officinalla.. Above ground parts.
Peru............................. Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
Swiss chard.............. Beta vulgaris........... Leaf and stem.
Panama........................... Belgian endive, chicory, Cichorium spp........... Above ground parts.
and endive.
South Africa..................... Pineapple................ Ananas spp.............. Fruit.
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Pest risk analyses conducted by the Animal and Plant Health
Inspection Service (APHIS) have shown that the fruits and vegetables
listed above are not attacked by fruit flies or other injurious plant
pests, either because they are not hosts to the pests or because the
pests are not present in the country or locality of origin. In
addition, we have determined that any other injurious plant pests that
might be carried by any of the listed fruits or vegetables would be
readily detectable by a USDA inspector. Therefore, the provisions at
Sec. 319.56-6 concerning inspection and disinfection at the port of
first arrival appear adequate to prevent the introduction into the
United States of fruit flies or other injurious plant pests by the
importation of these fruits and vegetables.
Subject to Inspection and Treatment Upon Arrival; Additional
Conditions
We propose to allow the following fruits and vegetables to be
imported into the United States from the countries indicated subject to
the prescribed conditions and in accordance with Sec. 319.56-6 and all
other applicable requirements of the regulations:
Watermelon From Brazil and Cantaloupe, Honeydew Melon, and
Watermelon From Venezuela
We are proposing to allow watermelon from Brazil and cantaloupe,
honeydew melon, and watermelon from Venezuela to be imported into the
United States under the same conditions currently in place for the
importation of cantaloupe and honeydew melon from Brazil (see
Sec. 319.56-2aa). Cantaloupe and honeydew melon from Brazil have been
imported into the United States under the growing, packing, and
labeling conditions described below since 1995 and 1993, respectively,
and we believe these conditions are also adequate to ensure the safe
importation of watermelon from Brazil and cantaloupe, honeydew melon,
and watermelon from Venezuela.
Because cantaloupe, honeydew melon, and watermelon can be hosts of
the South American cucurbit fly (Anastrepha grandis), we would require
that the melons and cantaloupe intended for importation into the United
States from Brazil and Venezuela be subject to certain special
conditions, which are described below. The proposed special conditions
for the importation of these fruits from Brazil and Venezuela are as
follows:
1. The cantaloupe, honeydew melon, and watermelon must have been
grown in the area of Brazil or the area of Venezuela considered by
APHIS to be free of the South American cucurbit fly. The area for
Brazil would remain the same as it is described in Sec. 319.56-2aa of
the regulations for the importation of cantaloupe and honeydew melon
from Brazil: That portion of Brazil bounded on the north by the
Atlantic Ocean; on the east by the River Assu (Acu) from the Atlantic
Ocean to the city of Assu; on the south by Highway BR 304 from the city
of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro to the
Ceara State line; and on the west by the Ceara State line to the
Atlantic Ocean. The area for Venezuela would be the Paraguana
Peninsula, located in the State of Falcon, bounded on the north and
east by the Caribbean Ocean, on the south by the Gulf of Coro and an
imaginary line dividing the autonomous districts of Falcon and Miranda,
and on the west by the Gulf of Venezuela.
This condition would help ensure that the melons and cantaloupe
were grown in an area of Brazil or Venezuela that is free of South
American cucurbit fly and would, therefore, provide protection against
the introduction of that pest into the United States. The areas
described were determined to be free of the South American cucurbit fly
in accordance with Sec. 319.56-2(e)(4) and (f). Paragraph (e)(4) of
Sec. 319.56-2 allows the importation of a fruit or vegetable without
treatment for certain injurious insects that attack it if the fruit or
vegetable is imported from a definite area or district of the country
of origin that is free from those injurious insects, and provided that
all other injurious insects that attack the fruit or vegetable in the
area or district of the country of origin have been eliminated from the
fruit or vegetable by treatment or any other procedures that may be
prescribed by the Administrator. The South American cucurbit fly is the
only insect pest known to attack watermelon in Brazil and cantaloupe,
honeydew melon, and watermelon in Venezuela that is not readily
detectable by inspection. Paragraph (f) of Sec. 319.56-2 contains the
criteria by which the Administrator may designate definite areas or
districts as free from injurious insects.
2. All shipments of cantaloupe, honeydew melon, and watermelon must
be accompanied by a phytosanitary certificate issued either by the
Departmento de Defesa e Inspecao Vegetal (Brazilian Department of Plant
Health and Inspection) or the Servicio Autonomo de Sanidad Agropecuaria
(the plant protection service of Venezuela) that states that the melons
or cantaloupe were grown in an area recognized to be free of the South
American cucurbit fly.
This condition would help ensure that only melons and cantaloupe
grown in areas free of the South American
[[Page 30648]]
cucurbit fly are imported into the United States.
3. Cartons of cantaloupe, honeydew melon, and watermelon must be
packed for shipment in an enclosed shipping container or vehicle, or
must be covered by a pest-proof screen or plastic tarpaulin in a manner
to prevent the entry of pests, while in transit to the United States.
This condition would help ensure that harvested melons and
cantaloupe would not be at risk for infestation by plant pests while en
route to the United States.
4. In accordance with Sec. 319.56-2(g) of the regulations, each
carton of cantaloupe, honeydew melon, and watermelon must be clearly
labeled with the name of the orchard or grove of origin, or the name of
the grower; the name of the municipality and State in which the fruit
was produced; and the type and amount of fruit in the carton.
This information would allow an inspector to readily identify
shipments of melons and cantaloupe from Brazil and Venezuela and to
easily trace those shipments back to their orchard or grove of origin.
Because the conditions described above have proven effective in
preventing the introduction into the United States of South American
cucurbit fly and other plant pests in shipments of cantaloupe and
honeydew melon from Brazil, we believe that they, as well as all other
applicable requirements in Sec. 319.56-6, would also be adequate to
allow the importation of watermelon from Brazil and cantaloupe,
honeydew melon, and watermelon from Venezuela.
Peppers From Spain
We are proposing to allow peppers (Capsicum spp.) from Spain to be
imported into the United States under certain conditions. Because
peppers can be hosts of several serious plant pests, including the
Mediterranean fruit fly (Ceratitis capitata) (Medfly), we would require
that the peppers be grown in registered greenhouses in the Almeria
Province; that the peppers be packed and shipped in accordance with
certain phytosanitary conditions; and that certain fruit fly trapping
requirements are met. These conditions are explained below.
1. The peppers must be grown in the Almeria Province of Spain in
pest-proof greenhouses registered with, and inspected by, the Spanish
Ministry of Agriculture, Fisheries, and Food (MAFF).
This condition would provide protection against the introduction of
plant pests into the United States by ensuring that peppers intended
for importation from Spain would be grown only in pest-proof
greenhouses registered with and inspected by MAFF in Almeria Province.
Trapping records demonstrate that fruit fly population levels in
Almeria Province are low, the area is situated in a region where
environmental conditions are not favorable for reproducing fruit fly
populations, and Almeria Province is prepared to manage pepper
production and packing through the use of registered pest-proof
greenhouses, as well as the other elements of the systems approach
described below.
2. The peppers may be shipped only from December 1 through April
30, inclusive.
This condition would help ensure that peppers from Almeria Province
are shipped to the United States during those months that the Medfly
population in Almeria Province is at its lowest density. Therefore,
this condition would help reduce the risk of Medfly introduction into
the United States.
3. Beginning on October 1, and continuing through April 30, MAFF
must set and maintain Medfly traps baited with trimedlure inside the
greenhouses at a rate of four traps per hectare. In all outside areas,
including urban and residential areas, within 8 kilometers of the
greenhouses, MAFF must set and maintain Medfly traps baited with
trimedlure at a rate of four traps per square kilometer. All traps must
be checked every 7 days.
This condition would ensure the earliest possible detection of the
presence of fruit flies in and around greenhouses where peppers are
grown.
4. Capture of a single Medfly in a registered greenhouse will
immediately halt exports from that greenhouse until APHIS determines
that the source of infestation has been identified, that all Medflies
have been eradicated, and that measures have been taken to preclude any
future infestation. Capture of a single Medfly within 2 kilometers of a
registered greenhouse will require increasing trap density in order to
determine whether there is a reproducing population in the area.
Capture of two Medflies within 2 kilometers of a registered greenhouse
during a 1-month period will halt exports from all registered
greenhouses within 2 kilometers of the capture, until the source of
infestation is determined and all Medflies are eradicated.
This condition would ensure that appropriate measures, including
halting imports of peppers, are taken to prevent the introduction of
fruit flies into the United States with peppers from Spain.
5. The peppers must be safeguarded against fruit fly infestation
from harvest to export. Such safeguarding includes covering newly
harvested peppers with fruit fly-proof mesh screen or plastic tarpaulin
in a manner to prevent the entry of pests, while in transit from the
greenhouse to the packing house and while awaiting packing, and packing
the peppers in fruit fly-proof cartons, or cartons covered with fruit-
fly proof mesh screen or plastic tarpaulin, and placing those cartons
in enclosed shipping containers for transit to the airport and
subsequent shipment to the United States.
This condition would help ensure that harvested peppers would not
be at risk for infestation by fruit flies or other plant pests while en
route to the packing house, during packing, or during shipment to the
United States.
6. The peppers must be packed within 24 hours of harvest.
Because fruit fly host crops become better host material as they
ripen, and because such crops ripen more quickly after they are
harvested, this condition would further reduce the likelihood that
Medfly would attack the fruit before it is packed.
7. During shipment, the peppers may not transit any other fruit
fly-supporting areas unless shipping containers are sealed by MAFF with
an official seal whose number is noted on the phytosanitary
certificate.
This condition would provide additional protection against exposure
of the peppers to fruit flies while the peppers are en route to the
United States.
8. A phytosanitary certificate issued by MAFF and bearing the
following declaration, ``These peppers were grown in registered
greenhouses in Almeria Province in Spain,'' must accompany the
shipment.
This condition would help ensure that peppers from Spain imported
into the United States were grown only in approved locations.
We believe that the proposed conditions described above, as well as
all other applicable requirements in Sec. 319.56-6, would be adequate
to prevent the introduction of Medfly and other plant pests into the
United States with peppers imported from Spain.
Fruit Fly-Free Areas in Mexico
The regulations at Sec. 319.56-2(h) list the municipalities in the
State of Sonora, Mexico, that are recognized, in accordance with the
criteria for definite areas in Sec. 319.56-2(e)(4) and (f), as areas
free of the following fruit flies: Medfly, Mexican fruit fly
(Anastrepha ludens), dark fruit fly (Anastrepha serpentina),
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West Indian fruit fly (Anastrepha obliqua), and South American fruit
fly (Anastrepha fraterculus). The listed municipalities are: Altar,
Atil, Caborca, Carbo, Empalme, Guaymas, Hermosillo, Pitiquito, Puerto
Penasco, San Luis Rio Colorado, and San Miguel. Apples, apricots,
grapefruit, oranges, peaches, persimmons, pomegranates, and tangerines
may be imported from these municipalities without treatment for the
fruit flies listed above.
Recently, Mexico provided APHIS with the trapping data that
demonstrates that additional municipalities meet the criteria of
Sec. 319.56(e) and (f) for a definite area with respect to these same
fruit flies. Therefore, we are proposing to add the following three
municipalities in the State of Baja California Sur, six municipalities
in the State of Chihuahua, and six municipalities in the State of
Sonora to the list of municipalities in Sec. 319.56-2(h): Comondu,
Loreto, and Mulege in the State of Baja California Sur; Bachiniva,
Casas Grandes, Cuahutemoc, Guerrero, Namiquipa, and Nuevo Casas Grandes
in the State of Chihuahua; and Bacum, Benito Juarez, Cajeme, Etchojoa,
Huatabampo, and Navajoa in the State of Sonora.
Miscellaneous
We are proposing to make a minor editorial change to Sec. 319.56-
2(h) to correct an out-of-date reference to the municipality of
Guaymas. Guaymas has been divided into two sections: the northern
section now named Guaymas, and the southern section now named San Rio
Muerto. Therefore, we are adding San Rio Muerto to the list in
Sec. 319.56-2(h) to reflect the division.
We are also proposing to make several other nonsubstantive
editorial changes for clarity and consistency.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this proposed rule on small entities. Based on the
information we have, there is no basis to conclude that adoption of
this proposed rule would result in any significant economic impact on a
substantial number of small entities. However, we do not currently have
all of the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments on potential effects. In particular, we are interested in
determining the number and kind of small entities that may incur
benefits or costs from the implementation of this proposed rule.
Under the Federal Plant Pest Act (7 U.S.C. 150aa-150jj) and the
Plant Quarantine Act (7 U.S.C. 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.
We are proposing to amend the Fruits and Vegetables regulations to
list a number of fruits and vegetables from certain parts of the world
as eligible, under specified conditions, for importation into the
United States. All of the fruits and vegetables, as a condition of
entry, would be inspected and subject to such disinfection at the port
of first arrival as may be required by a U.S. Department of Agriculture
inspector. In addition, some of the fruits and vegetables would be
required to meet other special conditions. This action would provide
the United States with additional kinds and sources of fruits and
vegetables while continuing to provide protection against the
introduction and dissemination of injurious plant pests by imported
fruits and vegetables.
Our proposal is based on pest risk assessments that were conducted
by APHIS at the request of various importers and foreign ministries of
agriculture. The pest risk assessments indicate that the fruits or
vegetables listed in this proposed rule could, under certain
conditions, be imported into the United States without significant pest
risk.
We are also proposing to declare certain areas in Mexico as fruit
fly-free areas. Those areas would include three municipalities in the
State of Baja California Sur, six municipalities in the State of
Chihuahua, and six municipalities in the State of Sonora.
Availability of Data
For many of the commodities proposed for importation into the
United States in this document, data on the levels of production and
the anticipated import volume is unavailable for a number of reasons.
First, many of these commodities are not produced in significant
quantities either in the United States or in the country that would be
exporting the commodity to the United States; generally, less
statistical data is collected--and therefore available--for commodities
produced in small quantities when compared to a country's more heavily
produced commodities. Second, some of these commodities do not appear
to be produced in the United States at all; therefore, data on the U.S.
production and export levels for those commodities does not exist.
Finally, estimates of potential exports of commodities from foreign
countries to the United States are often difficult to obtain, due in
part to the uncertainty surrounding the cost and availability of
transportation and the demand for the commodity in the United States.
Watermelon From Brazil
Complete information is not available on U.S. watermelon
production. However, data shows that, in 1996, a total of 459,180
metric tons of watermelon, of which 22 percent was imported, was
shipped to 18 major U.S. cities.
The United States is a net importer of watermelons. In 1996,
imports totaled 207,000 metric tons, valued at $49.9 million, compared
to 116,000 metric tons exported, worth $30.4 million.
Data on the number or size of watermelon 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 watermelons are also
small.
If the proposed rule is adopted, watermelons would be allowed to be
exported to the United States from that part of Brazil considered free
of the South American cucurbit fly. Information on the quantity of
watermelons produced in that area of Brazil and on the quantity of
watermelons expected to be imported from Brazil is not available, but
we do not expect that amount to be large enough to adversely affect
U.S. growers. Brassica spp. from Ecuador, El Salvador, Nicaragua, and
Peru
Brassica spp. include a variety of crops, some of which are more
familiar (such as broccoli, cauliflower, and cabbage) than others (such
as pak choi, tatsoi, celery mustard, and celery cabbage).
For the two major Brassica sub-varieties, broccoli and cauliflower,
U.S. commercial production in 1996 was valued at about $397 million
(649,600 metric tons) and $217 million (297,560 metric tons),
respectively. Although U.S. production data is not available for other
Brassica species, information on quantities shipped fresh to 18 major
U.S. cities illustrates their relative importance to those markets.
While fresh shipments of broccoli and
[[Page 30650]]
cauliflower totaled 170,830 metric tons and 87,270 metric tons,
respectively, fresh shipments of cabbage totaled 219,360 metric tons;
Chinese cabbage, 27,490 metric tons; turnips-rutabagas, 10,800 metric
tons; and Brussels sprouts, 6,080 metric tons.
In 1996, the value of U.S. exports of major Brassica spp. totaled
about $188 million, compared to U.S. imports of $146 million. This
means that the United States is a net exporter of these vegetables.
Information on U.S. production of less popular Brassica varieties
and sub-varieties, such as Brassica rapa, Brassica chinensis, and
Brassica pekinensis, is generally very limited for a number of reasons.
Data that is recorded for the production of these commodities is
usually presented in an aggregated format, under ``Chinese'' or
``Oriental'' vegetables or more broadly under a ``Miscellaneous''
category. Even when data specifically addresses one or more of these
commodities, the information may still provide an incomplete picture of
overall production. For example, statistics obtained from county lists
of pesticide permittees only include crops treated with pesticides for
which permits are required.
Bearing in mind these limitations, APHIS has made inquiries at the
county and producer levels in principal production areas of California
and Florida regarding number of growers, acreage, and quantities and
values of production. Though most domestic production probably occurs
in California and Florida, some production of these commodities takes
place in other States as well. For example, one large-scale producer in
California regularly grows mizuna and tatsoi in California for 37 weeks
and in Arizona during the remaining weeks of the year. However, most
domestically grown Brassica rapa and Brassica chinensis are probably
produced in California and Florida.
Twenty-five counties in California were surveyed for production of
these commodities. No information was available from seven of the
counties. Of the remaining 18 counties, ``Oriental'' vegetables are
grown on about 12,250 acres, with total annual production valued at
about $33 million. Nine of the 18 counties were found to record
information on areas planted in specific sub-varieties of Brassica rapa
and Brassica chinensis. Those counties reported a combined production
area of about 3,500 acres for these varieties. Only four of the nine
counties could provide information on the value of production for
certain sub-varieties; in those counties, the sub-varieties were grown
on a total of 1,012 acres and were valued at about $4.9 million.
Because most of the data on California's production of these
commodities is aggregated, there is little that can be stated with
confidence about the individual quantities grown. However, it would
appear that the value of California's annual production of Brassica
rapa and Brassica chinensis probably lies well above $5 million, but
below $30 million. By far, most producers are small entities by SBA
standards. Even the larger operations can probably be considered small
entities (with annual sales below $0.5 million).
In Florida, most production of Brassica rapa and Brassica chinensis
takes place in Palm Beach County, by both small- and large-scale
producers. It is possible that a couple of the larger ones may have
annual sales exceeding $0.5 million. In 1995-96, over 1,260 acres were
planted with these commodities in Palm Beach County, with production
valued at almost $2.3 million. Assuming this amount represents about 80
percent of the State's total, Florida's overall production may be worth
more than $2.8 million.
To these estimates for California and Florida should be added
production taking place in other States where conducive growing
conditions are found. When all growers are considered, U.S. producers
of Brassica rapa and Brassica chinensis may number in the hundreds,
with most of the operations very small-scale. The value of U.S.
production is probably in the tens of millions of dollars.
Although statistics are not available on U.S. production of Chinese
cabbage (Brassica pekinensis), fresh shipments to 18 major U.S. cities
in 1996 totaled about 27,490 metric tons, of which less than 2 percent
was imported (about 320 metric tons from Mexico and 180 metric tons
from Canada). California was the origin of nearly 95 percent of fresh
shipments of domestically grown Chinese cabbage. Between 1994 and 1996,
shipments to the 18 major U.S. cities grew by more than 20 percent.
Of the surveyed counties in California, only four offered specific
information on the number of acres planted with Chinese cabbage and the
value of production. They reported Chinese cabbage grown on 845 acres
and worth $5.5 million.
The most recent data on Ecuador's production of principal Brassica
vegetables indicate relative small quantities compared to those of the
United States. In 1996, Ecuador produced 11,132 metric tons of cabbage,
4,000 metric tons of broccoli, and 1,421 metric tons of cauliflower.
However, it has not been possible to gather information on the quantity
of Brassica spp. expected to be imported from Ecuador, but the amounts
are unlikely to be large enough to affect U.S. entities.
Certain Brassica oleracea varieties, including cabbage,
cauliflower, broccoli, Brussels sprouts, and kale, grown in El Salvador
have been entering the United States under permit for many years.
Therefore, the impact of allowing entry of all Brassica spp. would be
based on the potential imports of the more minor species, such as
Brassica rapa varieties. Research is being conducted in El Salvador on
some of the minor Brassica varieties, such as Chinese cabbage, but they
are not established commercial crops. Therefore, no impacts are
expected in allowing the importation into the United States of Brassica
spp. from El Salvador.
The only information available on the production of Brassica spp.
by Nicaragua concerns broccoli and cauliflower. Nicaragua's annual
levels of production of these two vegetables are reported to be 158
metric tons and 308 metric tons, respectively. These quantities
represent less than 0.03 percent and 0.1 percent, respectively, of U.S.
broccoli and cauliflower production. Also, in a recent year, Nicaragua
exported about 162 tons of cabbage to El Salvador and Honduras. Given
these relatively low levels of production and export, potential
importation of Brassica spp. from Nicaragua is expected to have a
negligible impact on U.S. entities.
Certain Brassica oleracea varieties, including cabbage,
cauliflower, broccoli, Brussels sprouts, and kale, grown in Peru have
been entering the United States under permit for many years. In 1996,
Peru exported approximately 211 metric tons of cabbage and 6 metric
tons of Brussels sprouts to the United States. Therefore, the impact of
allowing entry of all Brassica spp. would be based on the potential
imports of the more minor species, such as Brassica rapa varieties.
Information is not available on the quantity of these commodities grown
in or expected to be imported from Peru, but the amounts are unlikely
to be large enough to adversely affect U.S. entities.
Rhubarb From Guatemala
No official data is available on U.S. rhubarb production, but in
1996, shipments of fresh rhubarb to 18 major U.S. cities totaled about
454 metric tons, with 90 percent coming from Washington and 10 percent
from Oregon. In 1995, there were 3,732
[[Page 30651]]
metric tons of frozen rhubarb shipped commercially to the same cities
from western States (California, Colorado, Idaho, Montana, Oregon,
Washington, and Wyoming). In general, U.S. rhubarb imports and exports
are very minor.
Although the demand for rhubarb is fairly stable, with little
change among long-time commercial buyers, production in Washington is
expected to expand. An additional 300 acres are being brought into
production, and the growing season has been lengthened, from January-
July to December-September, by using hot house and covered field
production in addition to open field production.
In Guatemala, rhubarb is produced in very small quantities for
domestic sales only. Commercial production could increase if
importation to the United States were allowed. However, any impact on
the U.S. rhubarb market would probably be negligible, given the small
amount produced by Guatemala and the current absence of Guatemalan
rhubarb exports.
Parsley From Israel and Nicaragua
California leads all States in parsley production. In 1996, there
were 45,411 tons of parsley produced from 2,982 acres in California.
That same year, fresh parsley imports (together with fresh tarragon and
marjoram imports) to the United States totaled 1,509 metric tons and
were valued at $3.1 million. In other words, U.S. imports represented
about 3 percent or less of California's production. No U.S. exports of
fresh parsley were recorded in 1996.
Israel, with a total 1997 production of about 4,500 tons of
parsley, is already an important source of imported dehydrated
(manufactured) parsley in the United States. It is estimated that
Israel's annual fresh parsley exports to the United States could amount
to about 50 tons. This quantity represents an extremely small fraction
(only about 3 percent) of current fresh parsley imports by the United
States, and it is a negligible amount compared to U.S. domestic
production. Therefore, if parsley from Israel were allowed to be
imported into the United States, no significant impacts would be
expected for U.S. parsley producers or other small entities.
The quantity of parsley expected to be imported from Nicaragua is
not known, but given the relatively low level of current imports of
parsley from all sources, which amount to only 3 percent of
California's production, no significant impacts are expected for U.S.
parsley producers or other entities.
Salicornia From Mexico
Salicornia is a succulent grown primarily as an oil seed crop. Much
like asparagus, the tips of the salicornia plant are consumed as food
in many countries; in Europe, for example, salicornia is widely eaten.
The demand for salicornia as a food item in the United States is still
a niche market, although some is produced along coastlines, such as in
Texas and California. Domestic production is limited to one or two
months of the year.
Information is not available on the number of U.S. producers of
salicornia or on the quantity produced, but it is assumed to be a very
minor crop in the United States. The quantity expected to be imported
from Mexico is also not known, and will depend upon market development.
Since it is to be grown on irrigated land in Mexico, exports to the
United States could potentially be year-round. APHIS has no information
to suggest that U.S. entities may be adversely affected by salicornia
imports from Mexico.
Mint From Nicaragua
An average of 151,600 acres of mint were harvested annually in the
United States between 1994 and 1996, for the production of peppermint
oil and spearmint oil. The average annual value of the oils produced
during these years was about $150 million. Statistics are not available
on the production of mint leaves for purposes other than oil
production. The annual value of mint leaves imported by the United
States from 1992 through 1994 averaged approximately $407,000,
increasing to $422,000 in 1996 and $469,000 in 1997. Thus, the current
value of mint leaf imports is not significant compared to the value of
U.S. mint oil production.
The quantity of mint expected to be imported from Nicaragua is not
known, but given existing levels of U.S. production, potential imports
of mint from Nicaragua are not expected to have an impact on U.S.
producers or other entities.
Rosemary From Nicaragua
No information is readily available on rosemary production or
imports for the United States. Similarly, no estimates were possible
regarding Nicaragua's production or potential exports of rosemary to
the United States. However, there is no reason to believe that allowing
rosemary imports from Nicaragua would have negative impacts on U.S.
entities.
Belgian Endive, Chicory, and Endive From Panama
Although there is no information on U.S. production of Belgian
endive, chicory, and endive, fresh endive shipments to 18 major U.S.
cities in 1996 totaled about 17,550 metric tons, of which imports
contributed about 1,135 metric tons (1,000 tons from Belgium, 90 tons
from Canada, and 45 tons from The Netherlands). California and Florida
were the sources of about 40 percent and 28 percent, respectively, of
domestically grown shipments. Between 1994 and 1996, endive shipments
to those 18 major U.S. cities grew by more than 77 percent. In 1996,
the value of imports, $11.45 million, was three times that of exports,
$3.9 million.
It has not been possible to gather information on the production
levels or expected import quantities of Belgian endive, chicory, and
endive from Panama. However, if the proposed rule were adopted, we do
not expect the importation of these commodities from Panama to
significantly impact U.S. entities.
Pineapple From South Africa
Pineapple production in the United States is concentrated in
Hawaii, and, in 1996, totaled about 314,800 metric tons, of which 7,800
metric tons were exported. U.S. imports of pineapple in the same year
reached 135,260 metric tons. In other words, about 30 percent of the
pineapples consumed in the United States are imported.
South Africa produces about 46,000 metric tons of pineapple, of
which approximately 4,000 metric tons are exported to the European
Union and parts of Asia. It is estimated that South Africa could
potentially export about 2,000 metric tons a year to the United States,
depending on demand and available airfreight space. This amount
represents less than one percent of U.S. production, and about 1\1/2\
percent of U.S. imports. Therefore, we expect that, if the proposed
rule is adopted, U.S. producers and other entities would not be
significantly affected by the importation of pineapple from South
Africa.
Peppers From Spain
Although there is no information on U.S. production of Capsicum
species, there were about 240,230 metric tons of fresh bell peppers and
36,150 metric tons of other fresh peppers shipped to 18 major U.S.
cities in 1996. Nearly 30 percent of the bell pepper shipments were
imported, as were more than one-half of other pepper shipments. In
1996, pepper imports (fresh and chilled) by
[[Page 30652]]
the United States totaled 277,320 metric tons and were valued at $217
million. That same year, U.S. pepper exports amounted to 60,470 metric
tons, valued at $48.4 million. As such, the United States is clearly a
net importer of peppers.
The size distribution of U.S. pepper producers is similar to that
of most crops, with numerous small-scale operations and fewer very
large operations. For example, in Florida in 1992, there were 199 sweet
pepper farms with a total of 19,554 harvested acres. More than half
were farms of less than 15 acres. Most pepper producers in the United
States are small entities (less than $0.5 million in annual sales).
Between 1994 and 1996, fresh bell pepper shipments to the 18 major
U.S. cities grew by about 3.5 percent, while shipments of other fresh
peppers increased by more than 58 percent.
Peppers from Spain would be required to have been grown in insect-
proof greenhouses in the Province of Almeria. Currently, about 20,000
metric tons of the 200,000 metric tons of peppers produced annually in
Province of Almeria are grown in insect-proof greenhouses. It is
expected that about 1,500 metric tons would be shipped yearly to the
United States. Annual shipments could increase to as much as 4,000
metric tons, depending on production and market developments.
This higher estimate, 4,000 metric tons, represents only 1.4
percent of current U.S. pepper imports, and even a smaller fraction of
U.S. domestic production. Pepper imports from Spain would have a
negligible impact on U.S. entities. However, they may help to satisfy
the rapidly increasing U.S. demand for fresh peppers.
Cantaloupe, Honeydew Melon, and Watermelon From Venezuela
The U.S. melon season runs from May to November, with most domestic
shipments taking place in May, June, and July. Production statistics
are available only for honeydew melon; in 1996, the commercial crop
totaled 242,490 metric tons and was valued at $91.3 million. Although
such information is not available for cantaloupe or watermelon,
quantities shipped to 18 major U.S. cities in 1996 are as follows:
Cantaloupe, 325,230 metric tons (30 percent imported); honeydew melon,
130,770 metric tons (40 percent imported); and watermelon, 459,180
metric tons (22 percent imported).
California dominates cantaloupe and honeydew melon production,
while Florida, Georgia, and Texas devote the most acreage to watermelon
production. Most melon and cantaloupe producers can be considered small
entities, but probably a major share of production is by a relatively
few large-scale operations having annual sales greater than $0.5
million.
U.S. trade in cantaloupes, honeydew melons, and watermelons
demonstrates that the United States is a net importer of these
commodities. In 1996, overall fresh melon imports were valued at $205
million, and exports worth $81 million.
The Paraguana Peninsula, because it is considered free of the South
American cucurbit fly, is the area in Venezuela from which cantaloupe,
honeydew melons, and watermelons would be allowed to be exported to the
United States. When melons were last shipped from the Paraguana
Peninsula to the United States in 1985, 2,000 metric tons of honeydew
melon and 400 metric tons of watermelon were exported. (No cantaloupe
was exported.) In 1986, shipments were discontinued because of
phytosanitary restrictions.
With removal of the restrictions, projected annual exports to the
United States are 6,000 metric tons of cantaloupe, 3,000 metric tons of
honeydew melon, and 2,000 metric tons of watermelon. In each case,
these amounts represent about 1 percent or less of U.S. domestic
production. The export season for the melons would be October to April,
the period of the year when domestic supply is at its lowest.
The proposed shipments from Venezuela would improve the year-round
availability of melons for consumers by augmenting existing off-season
imports. The relatively small amounts expected to be shipped are likely
to have only a negligible impact on U.S. producers of cantaloupe,
honeydew melon, and watermelon.
Addition of Fruit Fly-Free Areas in the Mexican States of Baja
California Sur, Chihuahua, and Sonora
With the addition of fruit fly-free areas in the Mexican States of
Baja California Sur, Chihuahua, and Sonora, the importation into the
United States of four types of fruit would be affected. Those fruits
are apple, orange, peach, and tangerine. We project that increases in
exports to the United States of those fruits would be as follows:
Apples, 4,000 metric tons; oranges, 28,144 metric tons; peaches, 2,000
metric tons; and tangerines, 280 metric tons. Import levels of
apricots, grapefruits, persimmons, and pomegranates, the other fruits
eligible for importation into the United States from Mexico under
Sec. 319.56-2(h), are not expected to be affected by this proposed
rule.
U.S. apple production in 1996 totaled 4,732,860 metric tons and was
worth $1.84 billion. Projected additional imports from Mexico of 4,000
metric tons represent less than 0.1 percent of U.S. production.
Further, the United States is a net exporter of apples, exporting more
than three times as many apples as it imports.
U.S. orange production in 1996 totaled 10,634,920 metric tons and
was worth $1.895 billion. Projected additional imports from Mexico of
28,144 metric tons represent less than 0.3 percent of U.S. production.
In 1996, the quantity of oranges exported by the United States was 22
times greater than the quantity imported.
U.S. peach production in 1996 totaled 938,940 metric tons and was
worth $378 million. Projected additional imports from Mexico of 2,000
metric tons represent about 0.2 percent of U.S. production. Further,
the United States is a net exporter of peaches, exporting 1.7 times as
many peaches as it imports.
U.S. tangerine production in 1996 totaled 315,700 metric tons and
was worth $112 million. Projected additional imports from Mexico of 280
metric tons represent less than 0.1 percent of U.S. production.
Further, the United States is a net exporter of tangerines, exporting
six times as many tangerines as it imports.
In the case of each of these four fruits, projected additional
exports to the United States due to the newly recognized fruit fly-free
areas are extremely small amounts compared to U.S. production. Also, in
each case, the United States is a net exporter of the fruit, reflecting
excess supply. Impacts on costs or prices for U.S. producers and
consumers is expected to be negligible. APHIS does not anticipate any
adverse effects on small entities or the ability of U.S. entities to
compete in domestic and export markets.
The alternative to this proposed rule was to make no changes in the
regulations. After consideration, we rejected this alternative because
there is no biological reason to prohibit the importation into the
United States of the fruits and vegetables listed in this document.
The proposed changes to the regulations would result in new
information collection or recordkeeping requirements, as described
below under the heading ``Paperwork Reduction Act.''
Executive Order 12988
This proposed rule would allow certain fruits and vegetables to be
imported into the United States from certain parts of the world. If
this
[[Page 30653]]
proposed rule is adopted, State and local laws and regulations
regarding the importation of fruits and vegetables under this rule
would be preempted while the fruits and vegetables are in foreign
commerce. Fresh fruits and vegetables are generally imported for
immediate distribution and sale to the consuming public, and would
remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce ceases in other cases must be
addressed on a case-by-case basis. If this proposed rule is adopted, no
retroactive effect will be given to this rule, and this rule will not
require administrative proceedings before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 97-107-1.
Please send a copy of your comments to: (1) Docket No. 97-107-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
proposed rule.
The paperwork associated with the importation of the fruits and
vegetables named in this document would include the completion of
phytosanitary certificates and fruit fly monitoring records.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. We need this outside input to help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 1.158 hours per response.
Respondents: Foreign plant health protection authorities.
Estimated annual number of respondents: 32.
Estimated annual number of responses per respondent: 32.625.
Estimated annual number of responses: 1,044.
Estimated total annual burden on respondents: 1,209 hours.
Copies of this information collection can be obtained from:
Clearance Officer, OIRM, USDA, Room 404-W, 14th Street and Independence
Ave., SW, Washington, DC 20250.
List of Subjects 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, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue 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).
2. In Sec. 319.56-2, paragraph (h) would be revised to read as
follows:
Sec. 319.56-2 Restrictions on entry of fruits and vegetables.
* * * * *
(h) The Administrator has determined that the following
municipalities in Mexico meet the criteria of Sec. 319.56-2(e) and (f)
with regard to the plant pests Ceratitis capitata, Anastrepha ludens,
A. serpentina, A. obliqua, and A. fraterculus: Comondu, Loreto, and
Mulege in the State of Baja California Sur; Bachiniva, Casas Grandes,
Cuahutemoc, Guerrero, Namiquipa, and Nuevo Casas Grandes in the State
of Chihuahua; and Altar, Atil, Bacum, Benito Juarez, Caborca, Cajeme,
Carbo, Empalme, Etchojoa, Guaymas, Hermosillo, Huatabampo, Navajoa,
Pitiquito, Puerto Penasco, San Luis Rio Colorado, San Miguel, and San
Rio Muerto in the State of Sonora. Apples, apricots, grapefruit,
oranges, peaches, persimmons, pomegranates, and tangerines may be
imported from these areas without treatment for the pests named in this
paragraph.
* * * * *
3. In Sec. 319.56-2t, the table would be amended by adding, in
alphabetical order, the following entries:
Sec. 319.56-2t Administrative instructions: conditions governing the
entry of certain fruits and vegetables.
* * * * *
----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Ecuador
* * * * * *
*
Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
* * * * * *
*
El Salvador
[[Page 30654]]
* * * * * *
*
Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
* * * * * *
*
Guatemala
* * * * * *
*
Rhubarb.................. Rheum rhabarbarum....... Above ground parts.
* * * * * *
*
Israel
* * * * * *
*
Parsley.................. Petroselinum crispum.... Above ground parts.
* * * * * *
*
Mexico
* * * * * *
*
Salicornia............... Salicornia spp.......... Above ground parts.
* * * * * *
*
Nicaragua
* * * * * *
*
Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
* * * * * *
*
Mint..................... Mentha spp.............. Above ground parts.
Parsley.................. Petroselinum crispum.... Above ground parts.
* * * * * *
*
Rosemary................. Rosmarinus officinalla.. Above ground parts.
* * * * * *
*
Panama
* * * * * *
*
Belgian endive........... Cichorium spp........... Above ground parts.
Chicory.................. Cichorium spp........... Above ground parts.
* * * * * *
*
Endive................... Cichorium spp........... Above ground parts.
* * * * * *
*
Peru
* * * * * *
*
Cole and mustard crops, Brassica spp............ Whole plant of edible
including cabbages, varieties only.
broccoli, cauliflower,
turnips, mustards, and
related varieties.
* * * * * *
*
Swiss chard.............. Beta vulgaris........... Leaf and stem.
* * * * * *
*
South Africa
* * * * * *
*
Pineapple................ Ananas spp.............. Fruit.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
[[Page 30655]]
* * * * *
4. Section 319.56-2aa would be revised to read as follows:
Sec. 319.56-2aa Administrative instructions governing the entry of
cantaloupe, honeydew melons, and watermelon from Brazil and Venezuela.
Cantaloupe, honeydew melons, and watermelon may be imported into
the United States from Brazil and Venezuela only under permit, and only
in accordance with this section and all other applicable requirements
of this subpart:
(a) The cantaloupe, honeydew melons, or watermelon must have been
grown in the area of Brazil or the area of Venezuela considered by the
Animal and Plant Health Inspection Service to be free of the South
American cucurbit fly, (Anastrepha grandis), in accordance with
Sec. 319.56-2(e)(4) of this subpart. In addition, all shipments of
cantaloupe, honeydew melons, and watermelon must be accompanied by a
phytosanitary certificate issued either by the Departmento de Defesa e
Inspecao Vegetal (Brazilian Department of Plant Health and Inspection)
or the Servicio Autonomo de Sanidad Agropecuaria (the plant protection
service of Venezuela) that includes a declaration indicating that the
cantaloupe or melons were grown in an area recognized to be free of the
South American cucurbit fly.
(1) Area considered free of the South American cucurbit fly in
Brazil. The following area in Brazil is considered free of the South
American cucurbit fly: That portion of Brazil bounded on the north by
the Atlantic Ocean; on the east by the River Assu (Acu) from the
Atlantic Ocean to the city of Assu; on the south by Highway BR 304 from
the city of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro
to the Ceara State line; and on the west by the Ceara State line to the
Atlantic Ocean.
(2) Area considered free of the South American cucurbit fly in
Venezuela. The following area in Venezuela is considered free of the
South American cucurbit fly: The Paraguana Peninsula, located in the
State of Falcon, bounded on the north and east by the Caribbean Ocean,
on the south by the Gulf of Coro and an imaginary line dividing the
autonomous districts of Falcon and Miranda, and on the west by the Gulf
of Venezuela.
(b) Shipping requirements. The cantaloupe, honeydew melons, and
watermelon must be packed in an enclosed container or vehicle, or must
be covered by a pest-proof screen or plastic tarpaulin while in transit
to the United States.
(c) Labeling. All shipments of cantaloupe, honeydew melons, and
watermelon must be labeled in accordance with Sec. 319.56-2(g) of this
subpart.
5. A new Sec. 319.56-2gg would be added to read as follows:
Sec. 319.56-2gg Administrative instructions; conditions governing the
entry of peppers from Spain.
Peppers (fruit) (Capsicum spp.) may be imported into the United
States from Spain only under permit, and only in accordance with this
section and all other applicable requirements of this subpart:
(a) The peppers must be grown in the Almeria Province of Spain in
pest-proof greenhouses registered with, and inspected by, the Spanish
Ministry of Agriculture, Fisheries, and Food (MAFF);
(b) The peppers may be shipped only from December 1 through April
30, inclusive;
(c) Beginning October 1, and continuing through April 30, MAFF must
set and maintain Mediterranean fruit fly (Medfly) traps baited with
trimedlure inside the greenhouses at a rate of four traps per hectare.
In all outside areas, including urban and residential areas, within 8
kilometers of the greenhouses, MAFF must set and maintain Medfly traps
baited with trimedlure at a rate of four traps per square kilometer.
All traps must be checked every 7 days;
(d) Capture of a single Medfly in a registered greenhouse will
immediately halt exports from that greenhouse until the Deputy
Administrator determines that the source of infestation has been
identified, that all Medflies have been eradicated, and that measures
have been taken to preclude any future infestation. Capture of a single
Medfly within 2 kilometers of a registered greenhouse will necessitate
increased trap density in order to determine whether there is a
reproducing population in the area. Capture of two Medflies within 2
kilometers of a registered greenhouse during a 1-month period will halt
exports from all registered greenhouses within 2 kilometers of the
capture, until the source of infestation is determined and all Medflies
are eradicated;
(e) The peppers must be safeguarded against fruit fly infestation
from harvest to export. Such safeguarding includes covering newly
harvested peppers with fruit fly-proof mesh screen or plastic tarpaulin
while in transit to the packing house and while awaiting packing, and
packing the peppers in fruit fly-proof cartons, or cartons covered with
fruit-fly proof mesh or plastic tarpaulin, and placing those cartons in
enclosed shipping containers for transit to the airport and subsequent
shipment to the United States;
(f) The peppers must be packed for shipment within 24 hours of
harvest;
(g) During shipment, the peppers may not transit other fruit fly-
supporting areas unless shipping containers are sealed by MAFF with an
official seal whose number is noted on the phytosanitary certificate;
and
(h) A phytosanitary certificate issued by MAFF and bearing the
declaration, ``These peppers were grown in registered greenhouses in
Almeria Province in Spain,'' must accompany the shipment.
Done in Washington, DC, this 2nd day of June, 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-14957 Filed 6-4-98; 8:45 am]
BILLING CODE 3410-34-P