[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
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  Federal Register / Vol. 64, No. 12 / Wednesday, January 20, 1999 / 
Rules and Regulations  

[[Page 2993]]


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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