[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Rules and Regulations]
[Pages 2993-2995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1225]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 12 / Wednesday, January 20, 1999 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 97-107-3]
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
declare certain areas in the Mexican States of Baja California Sur,
Chihuahua, and Sonora as fruit-fly-free areas. We are taking this
action based on our determination that these areas meet our criteria
for pest-free areas with regard to fruit flies. This action relieves
restrictions on the importation of certain fruits from those areas
while continuing to prevent the introduction of plant pests into the
United States.
EFFECTIVE DATE: January 20, 1999.
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:
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.
The regulations at Sec. 319.56-2 (e)(4) provide for the importation
of certain fruits and vegetables from foreign areas that are determined
to be free of certain injurious plant pests under the criteria in
Sec. 319.56-2(f). Paragraph (h) of Sec. 319.56-2 lists areas in Mexico
that meet the pest-free criteria of Sec. 319.56-2(e) and (f) with
regard to certain fruit flies and includes a list of fruits that may be
imported from those areas without treatment for those fruit flies.
On June 5, 1998, we published in the Federal Register (63 FR 30646-
30655, Docket No. 97-107-1) 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 amend Sec. 319.56-2(h) of the regulations to declare
additional areas in Mexico as free of certain fruit flies. We proposed
these actions at the request of various importers and foreign
ministries of agriculture and after conducting pest risk analyses that
indicated that these actions could be taken without significant risk of
introducing plant pests into the United States.
We solicited comments concerning 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; one commenter pointed out
an inadvertent omission from the proposed rule; and one commenter had
reservations about specific provisions of the proposed rule. One of the
concerns expressed by the commenter having reservations pertained to
the proposed amendment of Sec. 319.56-2(h) to declare additional areas
in Mexico as free of fruit flies. Because we believed that this issue
warranted further review and consideration, we published a final rule
on November 30, 1998 (63 FR 65650-65657, Docket No. 97-107-2),
concerning all portions of our June 5, 1998, proposed rule except the
portion concerning additional fruit-fly-free areas in Mexico.
We have now completed our review of the data concerning the
proposed fruit-fly-free areas in Mexico and are proceeding with a final
rule on that issue. Our discussion of the two comments received
pertaining to this issue follows:
Comment: The expansion of the fruit-fly-free zone in Mexico is
premature. Since May of this year, 30 Mexican fruit flies have been
trapped in Tijuana, and, once again, a Mediterranean fruit fly
population is building in the States of Chiapas and Tabasco. Mexico has
not provided any information on its plans to combat these populations.
Further, Mexican authorities have put the sterile Mexican fruit fly
release program on hold for lack of an appropriate release site.
In addition, as of July 1997, the Animal and Plant Health
Inspection Service (APHIS) did not consider Chihuahua free of fruit
flies, and agency officials said that they would not do so until a pest
risk assessment was performed for each export commodity under
consideration. Have these assessments been submitted to and reviewed by
APHIS staff?
Response: The three locations--Tijuana, Chiapas, and Tabasco--
mentioned by the commenter as being associated with fruit flies are
separated by long distances or natural boundaries, such as mountains
and rivers, from the municipalities listed in the proposed rule for
recognition as being free of fruit flies. Further, Mexico's sterile
Mexican fruit fly release program applies to the Tijuana area only and,
therefore, is not a relevant issue for consideration in relation to the
fruit-fly-free areas in Baja California Sur, Chihuahua, and Sonora that
were proposed.
Pest risk assessments have been performed for each export commodity
(i.e., apples, apricots, grapefruit, oranges, peaches, persimmons,
pomegranates, and tangerines) affected by declaring the municipalities
of Bachiniva, Casas Grandes, Cuahutemec, Guerrero, Namiquipa, and Nuevo
Casas Grandes in the State of Chihuahua as fruit-fly-free areas. In
addition, all of the municipalities declared in the proposed rule to be
fruit-fly-free areas in Mexico, including those municipalities in the
State of Chihuahua, provided APHIS with trapping data and information
on measures employed to prevent the establishment of fruit flies. This
information demonstrates that these areas meet the criteria in
Sec. 319.56-2 (e) and (f).1
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\1\ Information on these pest risk assessments and the other
data referenced above may be obtained by writing to the person
listed under FOR FURTHER INFORMATION CONTACT or by calling the Plant
Protection and Quarantine fax vault at (301) 734-3560.
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Comment: The municipality of Plutarco Elias Calles should have been
[[Page 2994]]
included in the list of municipalities in the State of Sonora proposed
as fruit-fly-free areas.
Response: We agree. In the proposed rule, we neglected to correct
an out-of-date reference to the municipality of Puerto Penasco in
Sonora, Mexico. Puerto Penasco has been divided into two sections:
Puerto Penasco and Plutarco Elias Calles. Accordingly, we are adding
Plutarco Elias Calles to the list in Sec. 319.56-2(h).
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
change discussed in this document.
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 declare additional
areas in Mexico as fruit-fly-free areas. With the addition of new
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 will be affected. These 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 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, the amount of projected
additional exports to the United States due to the newly recognized
fruit-fly-free areas is extremely small 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 are 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 as a result of this rule.
Executive Order 12988
This rule reduces restrictions on the importation into the United
States of apples, apricots, grapefruit, oranges, peaches, persimmons,
pomegranates, and tangerines from specified fruit-fly-free areas of
Mexico. State and local laws and regulations regarding the importation
of those fruits imported under this rule are preempted while the fruits
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.
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, 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. 319.56-2, paragraph (h) is 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 paragraphs (e) and (f) of
this section with regard to the plant pests Ceratitis capitata,
Anastrepha ludens, A. serpentina, A. obliqua, and A. fraterculus:
Comondu,
[[Page 2995]]
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, Plutarco Elias Calles, 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.
* * * * *
Done in Washington, DC, this 13th day of January 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-1225 Filed 1-19-99; 8:45 am]
BILLING CODE 3410-34-P