[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Rules and Regulations]
[Pages 65650-65657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31713]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 97-107-2]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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, will 
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 will be required to meet 
other special conditions. This action will 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.

EFFECTIVE DATE: November 30, 1998.

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: Ronald.C.C[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 65651]]

Background

    The regulations in 7 CFR 319.56 through 319.56-8 (referred to below 
as the regulations) prohibit or restrict the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent the introduction and dissemination of fruit flies and other 
injurious plant pests that are new to or not widely distributed within 
and throughout the United States.
    On June 5, 1998, we published in the Federal Register (63 FR 30646-
30655) a proposal 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 and to 
declare certain areas in Mexico as fruit fly-free areas. We proposed 
these actions at the request of various importers and foreign 
ministries of agriculture, and after conducting pest risk analyses 
1 that indicate these actions can be taken without 
significant risk of introducing plant pests into the United States.
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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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    We solicited comments on our proposal for 60 days, ending August 4, 
1998. We received six comments by that date. They were from 
representatives of industry and a State government. Four commenters 
supported the proposed rule in its entirety. The remaining two 
commenters had reservations about specific provisions of the proposed 
rule. Of those two, one commenter expressed concerns about the proposed 
declaration of certain areas in Mexico as fruit fly-free areas. Upon 
further review and consideration of this issue, we are taking final 
action at this time on all portions of our June 5, 1998, proposed rule 
except the portion concerning fruit fly-free areas in Mexico. We will 
continue to review data and research concerning the proposed fruit fly-
free areas in Mexico. The comment that raised concerns about actions 
other than the proposed declaration of certain areas in Mexico as fruit 
fly-free areas is discussed below.
    Comment: The Animal and Plant Health Inspection Service (APHIS) 
should reconsider proposing the entry of certain vegetable crops into 
the United States from South America because of their association with 
the pests Japanagromyza phaseoli, Copitarsia consueta, and Mycena 
citricolor. We believe that, although these pests are detectable by 
inspection, the overwhelming workload of APHIS inspectors, as discussed 
in a recent Government Accounting Office (GAO) report, may prevent 
those inspectors from detecting these pests in shipments. In fact, we 
suggest that APHIS review its policy of considering port of entry 
inspections as a reliable and effective mitigation measure and, 
instead, think of inspections more realistically as a tool to monitor 
compliance with quarantine regulations.
    Response: The pests referred to by the commenter are readily 
detectable by inspection, and we are confident that our inspectors will 
detect these pests if they occur in a shipment of vegetable crops from 
South America. Further, while the GAO Report (GAO Report GAO/RCED-97-
102, May 1997) mentioned by the commenter pinpoints certain weaknesses 
in our inspection programs, the report acknowledges that APHIS has 
changed its inspection program to address new challenges, increased 
resources for inspection activities, expanded use of alternative 
inspection practices, increased interagency coordination, and 
implemented a program to determine pest risks at ports. With 
information from this report and other sources, we continue to enhance 
our inspection programs. We believe that our inspections at the port of 
entry are an effective and reliable mitigation measure to prevent the 
introduction of plant pests into the United States. Therefore, we are 
making no changes to the proposed rule in response to this comment.
    Therefore, based on the rationale presented in the proposed rule 
and in this document, we are adopting the provisions of the proposed 
rule, with the exception of the proposed declaration of certain areas 
in Mexico as fruit fly-free areas, as a final rule without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    In accordance with 5 U.S.C. 603, we have performed a Final 
Regulatory Flexibility Analysis, which is set out below, regarding the 
impact of this rule on small entities. In our proposed rule, we invited 
comments on the potential effects of the proposed actions. In 
particular, we requested information on the number and kind of small 
entities that may incur benefits or costs from the implementation of 
the proposed rule. No comments were submitted. Based on the information 
we have, there is no basis to conclude that adoption of this rule will 
result in any significant economic impact on a substantial number of 
small entities.
    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 amending 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, will 
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 will be 
required to meet other special conditions. This action will 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.
    This rule is based on pest risk assessments that were conducted by 
APHIS at the request of various importers and foreign ministries of 
agriculture. The pest risk assessments indicate that the fruits or 
vegetables listed in this rule may, under certain conditions, be 
imported into the United States without significant pest risk.

Availability of Data

    For many of the commodities allowed to be imported into the United 
States in this document, data on the levels of production and the 
anticipated import volume is unavailable for a number of

[[Page 65652]]

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.
    Watermelons will 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 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

[[Page 65653]]

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, 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 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 will 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, no significant impacts are 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 will 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

[[Page 65654]]

allowing rosemary imports from Nicaragua will 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, 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 
percent of U.S. imports. Therefore, we expect that U.S. producers and 
other entities will 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 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 will 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 will be October to April, 
the period of the year when domestic supply is at its lowest.
    Shipments from Venezuela will 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.

Executive Order 12988

    This rule allows certain fruits and vegetables to be imported into 
the United States from certain parts of the world. State and local laws 
and regulations regarding the importation of fruits and vegetables 
under this rule are 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 remain 
in foreign commerce until sold to the ultimate consumer. The question 
of when foreign commerce ceases in other cases must be addressed on a 
case-by-case basis. No retroactive effect will be given to this rule, 
and this rule will not require administrative proceedings before 
parties may file suit in court challenging this rule.

[[Page 65655]]

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this final rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
When OMB notifies us of its decision, we will publish a document in the 
Federal Register providing notice of the assigned OMB control number 
or, if approval is denied, providing notice of what action we plan to 
take.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery Stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, 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. In Sec. 319.56-2t, the table is amended by adding, in 
alphabetical order, the following entries:


Sec. 319.56-2t  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables.

* * * * *

----------------------------------------------------------------------------------------------------------------
           Country/locality                  Common name             Botanical name           Plant part(s)
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Ecuador
*                  *                  *                  *                  *                  *
                                                        *
                                       Cole and mustard crops,  Brassica spp...........  Whole plant of edible
                                        including cabbage,                                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.
 
*                  *                  *                  *                  *                  *
                                                        *
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.

[[Page 65656]]

 
                                       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.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    3. Section 319.56-2aa is 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.
    4. A new Sec. 319.56-2gg is 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;

[[Page 65657]]

    (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 19th day of November 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-31713 Filed 11-27-98; 8:45 am]
BILLING CODE 3410-34-P