[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  

[[Page 30646]]


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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:

----------------------------------------------------------------------------------------------------------------
         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......................  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.                  
----------------------------------------------------------------------------------------------------------------

    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),

[[Page 30649]]

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