[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Rules and Regulations]
[Pages 65649-65650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31712]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 97-011-2]
Importation of Coffee
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising the regulations for importing coffee by
removing unnecessary text, updating references to officials of the
Animal and Plant Health Inspection Service, and clarifying the
requirements for moving samples of unroasted coffee through Hawaii and
Puerto Rico to other destinations and the prohibitions on importing
coffee berries or fruits. These nonsubstantive changes will make the
regulations easier to read and understand, thereby facilitating
compliance.
EFFECTIVE DATE: December 30, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior Import
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1231, (301) 734-6799; or e-
mail: Peter.M.G[email protected].
SUPPLEMENTARY INFORMATION:
Background
The regulations contained in 7 CFR 319.73 through 319.73-4,
``Subpart-- Coffee'' (referred to below as the coffee regulations),
restrict the importation of coffee from foreign countries and
localities. The coffee regulations are intended to prevent the
introduction of coffee berry borers Hypothenemus hampei (Ferrari) and a
rust disease caused by the fungus Hemileia vastatrix (Berkeley and
Broome) into Hawaii and Puerto Rico, where coffee is commercially
grown.
On May 9, 1997, we published in the Federal Register (62 FR 25561-
25562, Docket No. 97-011-1) a proposal to amend the coffee regulations
by removing unnecessary text, updating references to officials of the
Animal and Plant Health Inspection Service (APHIS), and making other
nonsubstantive changes to clarify the requirements for moving samples
of unroasted coffee through Hawaii and Puerto Rico to other
destinations. In addition, we proposed to amend the coffee regulations
to clarify that coffee fruits or berries are prohibited importation
into all parts of the United States because they present a significant
risk of introducing the Mediterranean fruit fly, which attacks a wide
range of host material grown throughout the United States.
We solicited comments concerning our proposal for 60 days ending
July 8, 1997. We received two comments by that date. One was from a
State government official and the other was a representative of the
coffee industry. Their concerns are addressed below.
Importation of Coffee Berries and Fruit for Research and Analytical
Purposes
One commenter stated that it was his understanding that restricted
articles such as coffee berries and fruits may be imported into the
United States under certain conditions for research and analytical
purposes. He therefore suggested that the coffee regulations include a
provision that provides an exemption for coffee berries and fruits
being imported for research and analytical purposes.
Seeds of all kinds when in pulp, including coffee berries or
fruits, may be imported into the United States for research and
analytical purposes by the United States Department of Agriculture
under the conditions listed in Sec. 319.37-2(c). We agree that this
provision should be made clear in the coffee regulations. Therefore, in
order to avoid confusion, and to facilitate compliance with the coffee
regulations, we are including a reference in the revised coffee
regulations to the scientific and experimental importation provisions
currently contained in Sec. 319.37-2(c).
Importation of Green Coffee and Coffee Nursery Stock into Hawaii
We received a comment from an official of Hawaii's Department of
Agriculture that recommends new requirements for the importation of
green coffee beans and coffee nursery stock into that State. We intend
to consider the comment further and consult with Hawaii's State
Department of Agriculture about the recommendations. However, the
recommendations are outside the scope of our original proposal.
Therefore, any changes we make in response to those recommendations
will have to be the subject of a subsequent rulemaking.
We are also clarifying the proposed Sec. 319.73-4, ``Costs,'' to
clearly indicate that costs for the listed services will be borne by
the owner, importer, or agent of the owner or importer, including a
broker.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This final rule updates and clarifies the regulations for importing
coffee into the United States and for moving samples of unroasted
coffee through Hawaii and Puerto Rico in transit to other destinations.
This rule makes no substantive changes in import or transit
requirements. Therefore, it should have no economic impact on any
United States entities, whether large or small.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
[[Page 65650]]
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery Stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
2. Subpart--Coffee, consisting of Secs. 319.73-1 through 319.73-4,
is revised to read as follows:
Subpart--Coffee
Sec.
319.73-1 Definitions.
319.73-2 Products prohibited importation.
319.73-3 Conditions for transit movement of certain products
through Puerto Rico or Hawaii.
319.73-4 Costs.
Subpart--Coffee
Sec. 319.73-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
employee of the United States Department of Agriculture delegated to
act in his or her stead.
Inspector. Any individual authorized by the Administrator to
enforce this subpart.
Sample. Unroasted coffee not for commercial resale. Intended use
includes, but is not limited to, evaluation, testing, or market
analysis.
United States. The States, District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, and the Virgin Islands of the United
States.
Unroasted coffee. The raw or unroasted seeds or beans of coffee.
Sec. 319.73-2 Products prohibited importation.
(a) To prevent the spread of the coffee berry borer Hypothenemus
hampei (Ferrari) and the fungus Hemileia vastatrix (Berkely and
Broome), which causes an injurious rust disease, the following articles
are prohibited importation into Hawaii and Puerto Rico, except as
provided in Sec. 319.73-3 of this subpart:
(1) Unroasted coffee;
(2) Coffee plants and leaves; and (3) Empty sacks previously used
for unroasted coffee.
(b) Due to the risk of Mediterranean fruit fly and other injurious
insects, seeds of all kinds when in pulp, including coffee berries or
fruits, are prohibited importation into all parts of the United States
by Sec. 319.37-2(a) of this part, except as provided in Sec. 319.37-
2(c).
Sec. 319.73-3 Conditions for transit movement of certain products
through Puerto Rico or Hawaii.
(a) Mail. Samples of unroasted coffee that are transiting Hawaii or
Puerto Rico en route to other destinations and that are packaged to
prevent the escape of any plant pests may proceed without action by an
inspector. Packaging that would prevent the escape of plant pests
includes, but is not limited to, sealed cartons, airtight containers,
or vacuum packaging. Samples of unroasted coffee received by mail but
not packaged in this manner are subject to inspection and safeguard by
an inspector. These samples must be returned to origin or forwarded to
a destination outside Hawaii or Puerto Rico in a time specified by an
inspector and in packaging that will prevent the escape of any plant
pests. If this action is not possible, the samples must be destroyed.
(b) Cargo. Samples of unroasted coffee that are transiting Hawaii
or Puerto Rico as cargo and that remain on the carrier may proceed to a
destination outside Hawaii or Puerto Rico without action by an
inspector. Samples may be transshipped in Puerto Rico or Hawaii only
after an inspector determines that they are packaged to prevent the
escape of any plant pests. Samples that are not packaged in this manner
must be rewrapped or packaged in a manner prescribed by an inspector to
prevent the escape of plant pests before the transshipment will be
allowed.
(c) Other mail, cargo, and baggage shipments of articles covered by
Sec. 319.73-2 arriving in Puerto Rico or Hawaii may not be unloaded or
transshipped in Puerto Rico or Hawaii and are subject to inspection and
other applicable requirements of the Plant Safeguard Regulations (part
352 of this chapter).
319.73-4 Costs.
All costs of inspection, packing materials, handling, cleaning,
safeguarding, treating, or other disposal of products or articles under
this subpart will be borne by the owner, importer, or agent of the
owner or importer, including a broker. The services of an inspector
during regularly assigned hours of duty and at the usual places of duty
will be furnished without cost to the importer.
Done in Washington, DC, this 19th day of November 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-31712 Filed 11-27-98; 8:45 am]
BILLING CODE 3410-34-P