[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Proposed Rules]
[Pages 50655-50666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21174]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 162 / Monday, August 21, 2000 / 
Proposed Rules  

[[Page 50655]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 00-006-1]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

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 be treated or 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 recognize the State of Baja California 
Sur, Mexico, as an area free of certain fruit flies and recognize 
Belize and the Department of Peten, Guatemala, as areas free of the 
Mediterranean fruit fly. This action would relieve import restrictions 
while continuing to prevent the introduction of plant pests into the 
United States.

DATES: We will consider all comments that we receive by October 20, 
2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
006-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-006-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Donna L. West, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit 
140, Riverdale, MD 20737-1236; (301) 734-6799.

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

    \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.
---------------------------------------------------------------------------

    All of the fruits and vegetables included in this document would 
have to be imported under permit and would be 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 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)
----------------------------------------------------------------------------------------------------------------
Argentina.......................  Marjoram..............  Origanum spp...................  Above ground parts.
                                  Oregano...............  Origanum spp...................  Above ground parts.
Costa Rica......................  Cole and mustard        Brassica spp...................  Whole plant of edible
                                   crops, including                                         varieties only.
                                   cabbages, broccoli,
                                   cauliflower, turnips,
                                   mustards, and related
                                   varieties.

[[Page 50656]]

 
Honduras........................  Cole and mustard        Brassica spp...................  Whole plant of edible
                                   crops, including                                         varieties only.
                                   cabbages, broccoli,
                                   cauliflower, turnips,
                                   mustards, and related
                                   varieties.
Peru............................  Marjoram..............  Origanum spp...................  Above ground parts.
Spain...........................  Eggplant..............  Solanum melongena..............  Fruit, commercial
                                                                                            shipments only.
                                  Watermelon............  Citrullus vulgaris.............  Fruit, commercial
                                                                                            shipments only.
----------------------------------------------------------------------------------------------------------------

    We have determined that any injurious plant pests that might be 
carried by any of the listed fruits or vegetables would be readily 
detectable by an APHIS 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 injurious plant pests by the importation of these 
fruits and vegetables as specified above. However, we believe that 
eggplant and watermelon from Spain that are not produced in commercial 
operations are more likely to be infested with plant pests than are 
eggplant and watermelon that arrive in commercial shipments. Therefore, 
to further reduce the pest risk associated with the importation of 
eggplant and watermelon from Spain, we are proposing to allow only 
commercial shipments of those fruits and vegetables to enter the United 
States. Commercial shipments, as defined in Sec. 319.56-1, are 
shipments of fruits and vegetables that an inspector identifies as 
having been produced for sale and distribution in mass markets. Such 
identification is based on a variety of indicators, including, but not 
limited to: quantity of produce, type of packaging, identification of 
grower or packing house on the packaging, and documents consigning the 
shipment to a wholesaler or retailer.
    Wild or ``backyard'' eggplant and watermelon are generally grown 
and handled under very different conditions in Spain than commercially-
produced fruits and vegetables (e.g., wild or backyard produce usually 
involves different varieties of produce and different cultivating 
techniques, little or no pest control, and a lack of sanitary controls 
during growing and packing, such as removal and destruction of overripe 
and damaged fruit). As a result, there is reason to believe that wild 
or backyard eggplant and watermelon present a greater pest risk than 
commercially produced eggplant and watermelon.

Treatment Required

    Section 319.56-2x lists fruits and vegetables for which treatment 
is required. We are proposing to amend the list in Sec. 319.56-2x to 
allow the following fruits and vegetables to be imported into the 
United States from the country or locality indicated only if they have 
been treated in accordance with the PPQ Treatment Manual, which is 
incorporated by reference into the Code of Federal Regulations at 7 CFR 
300.1. These fruits and vegetables are attacked by injurious plant 
pests, as specified below, in their country or locality of origin. We 
inspect these commodities for some identified pests and treat 
commodities for pests that cannot be detected by visual inspection. We 
would amend the PPQ Treatment Manual to show the required treatments.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Treatment (see
        Country/locality                    Common name                     Botanical name            Plant part(s)     table below)    Pests of concern
--------------------------------------------------------------------------------------------------------------------------------------------------------
Argentina.......................  Kiwi...........................  Actinidia deliciosa............  Fruit...........  Cold treatment..  Anastrepha
                                                                                                                                         fraterculus and
                                                                                                                                         Ceratitis
                                                                                                                                         capitata
Chile...........................  Passion fruit..................  Passiflora spp.................  Fruit...........  Soapy water and   Brevipalpus
                                                                                                                       wax treatment.    chilensis
Mexico..........................  Carambola......................  Averrhoa carambola.............  Fruit...........  Cold treatment..  Anastrepha spp.
                                                                                                                                         (except
                                                                                                                                         Anastrepha
                                                                                                                                         ludens) and
                                                                                                                                         Ceratitis
                                                                                                                                         capitata
Spain...........................  Lettuce........................  Lactuca spp....................  Above ground      Methyl bromide..  Autographa
                                                                                                     parts,                              gamma,
                                                                                                     commercial                          Helicoverpa
                                                                                                     shipments only.                     armigera,
                                                                                                                                         Mamestra
                                                                                                                                         brassicae, and
                                                                                                                                         Spodoptera
                                                                                                                                         littoralis
                                  Kiwi...........................  Actinidia deliciosa............  Fruit...........  Cold treatment..  Ceratitis
                                                                                                                                         capitata
--------------------------------------------------------------------------------------------------------------------------------------------------------


                               Treatments
------------------------------------------------------------------------
              Temperature                    Exposure period  (days)
------------------------------------------------------------------------
  Cold treatment for Ceratitis capitata and Anastrepha spp. (other than
                           Anastrepha ludens)
------------------------------------------------------------------------
32  deg.F or below.....................  11
33  deg.F or below.....................  13
34  deg.F or below.....................  15
35  deg.F or below.....................  17
------------------------------------------------------------------------

[[Page 50657]]

 
               Cold treatment for Ceratitis capitata only
------------------------------------------------------------------------
32  deg.F or below.....................  10
33  deg.F or below.....................  11
34  deg.F or below.....................  12
35  deg.F or below.....................  14
36  deg.F or below.....................  16
         Soapy water and wax treatment for Brevipalpus chilensis
------------------------------------------------------------------------
1. Immerse fruit for 20 seconds in a soapy water bath of one part soap
 solution (such as Deterfruit) to 3,000 parts water.
2. Follow the soapy bath with a pressure shower rinse to remove all the
 soapy excess.
3. Immerse fruit for 20 seconds in an undiluted wax coating (such as
 Johnson's Wax Primafresh 31 Kosher Fruit coating). The wax coating
 should cover the entire surface of the fruit.
------------------------------------------------------------------------
  Methyl bromide treatment (tarpaulin or chamber) for Autographa gamma,
   Helicoverpa armigera, Mamestra brassicae, and Spodoptera littoralis
------------------------------------------------------------------------


 
                                                                                       Minimum concentration
                                                                    Dosage rate        readings (ounces) at:
                           Temperature                                 (lb/      -------------------------------
                                                                    1,000ft\3\)      0.5 hours        2 hours
----------------------------------------------------------------------------------------------------------------
70  deg.F or above..............................................             2.0              26              14
60-69  deg.F....................................................             2.5              32              24
50-59  deg.F....................................................             3.0              38              29
45-49  deg.F....................................................             3.5              43              34
40-44  deg.F....................................................             4.0              48              38
----------------------------------------------------------------------------------------------------------------

    Based on research we have evaluated and approved, we have 
determined that the treatments described above are effective against 
the specified pests.\2\
---------------------------------------------------------------------------

    \2\ Information on the research is available by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    Pest risk analyses conducted by APHIS indicate that any other 
injurious plant pests that might be carried by the fruits and 
vegetables listed above would be readily detectable by a USDA 
inspector. As noted, the fruits and vegetables would be subject to 
inspection, disinfection, or both, at the port of first arrival, in 
accordance with Sec. 319.56-6. Mangoes from Mexico
    We are also proposing to amend the requirements in Sec. 319.56-2x 
concerning mangoes from Mexico. Currently, mangoes from Mexico are 
eligible for importation into the United States if they are treated in 
accordance with the PPQ Treatment Manual.
    Mangoes from Mexico are presently being treated in Mexico under the 
supervision of an APHIS inspector, who certifies that treatment has 
been performed by completing PPQ Form 203, ``Foreign Site Certificate 
of Inspection and/or Treatment.'' This form, which may only be signed 
by an APHIS official, must accompany the shipment of mangoes to the 
port of arrival in the United States.
    APHIS is proposing to allow Mexico's plant health organization to 
certify treatment of mangoes. We plan to conduct random spot checks of 
mangoes that have been treated in Mexico to ensure treatment 
application and effectiveness. In conjunction with this change, we 
would require shipments of treated mangoes from Mexico to be 
accompanied by a phytosanitary certificate issued by Mexico's plant 
health organization that states that the mangoes were treated in 
accordance with the PPQ Treatment Manual.

    Note: Under requirements proposed elsewhere in this document, 
mangoes grown in a fruit fly-free area listed in Sec. 319.56-2(h) 
would not be required to be treated under Sec. 319.56-2x. (See 
``Fruit Fly-Free Areas in Mexico,'' below.)

Fruit Fly-Free Areas in Mexico

    The regulations at Sec. 319.56-2(h) list the municipalities in the 
Mexican States of Baja California Sur, Chihuahua, and Sonora 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: Mediterranean fruit fly (Ceratitis capitata)(Medfly), Mexican 
fruit fly (Anastrepha ludens), dark fruit fly (Anastrepha serpentina), 
West Indian fruit fly (Anastrepha obliqua), and South American fruit 
fly (Anastrepha fraterculus). Apples, apricots, grapefruit, oranges, 
peaches, persimmons, pomegranates, and tangerines may be imported from 
these municipalities without treatment for the listed fruit flies.
    Mexico recently provided APHIS with fruit fly survey data that 
demonstrates that the municipalities of La Paz and Los Cabos in the 
State of Baja California Sur meet the criteria of Sec. 319.56(e) and 
(f) for a definite area free from the fruit flies listed above. With 
the listing of La Paz and Los Cabos, the entire State of Baja 
California Sur would be a fruit fly free area, and we are proposing to 
list it as such in Sec. 319.56-2(h).
    In addition, we are proposing to add mangoes to the list of fruits 
that may be imported from these areas without treatment for the listed 
fruit flies. Mangoes from Mexico are currently restricted entry into 
the United States due the risk of fruit fly infestation. No species of 
fruit fly known to attack mango exists in any of the areas listed in 
Sec. 319.56-2(h). Therefore, mangoes from these areas would not present 
a risk of fruit fly introduction. In conjunction with this change, we 
are also proposing to amend the entry for mangoes from Mexico in 
Sec. 319.56-2x. The amended entry would make it clear that only mangoes 
from areas in Mexico not listed in Sec. 319.56-2(h) are subject to 
treatment for fruit fly.
    We are also proposing to make nonsubstantive changes to 
Sec. 319.56-2(h). First, we propose to correct the spelling of the 
Sonoran municipalities of San Ignacio Rio Muerto and Navojoa.

[[Page 50658]]

Second, we propose to move the list of fruits eligible for importation 
into the United States without treatment for fruit flies to 
Sec. 319.56-2t. We would stipulate in each fruit's listing in 
Sec. 319.56-2t that the fruit may only be imported without treatment if 
it is from an area designated in Sec. 319.56-2(h) as free of fruit 
flies.
    In addition to the changes just described, we propose to require 
that apples, apricots, grapefruit, mangoes, oranges, peaches, 
persimmons, pomegranates, and tangerines imported from areas designated 
in Sec. 319.56-2(h) as free of fruit flies be accompanied by a 
phytosanitary certificate issued by the Government of Mexico stating 
that the fruits originated from an area listed in Sec. 319.56-2(h). 
This will help distinguish that fruit from fruit that must be treated.

Mediterranean Fruit Fly-Free Areas

    The regulations in Sec. 319.56-2(j) recognize the entire country of 
Chile as free of Medfly. Fruits and vegetables otherwise eligible for 
importation into the United States under the regulations may be 
imported from Chile without treatment for Medfly.
    Recently, Guatemala provided APHIS with trapping data that 
demonstrates that the Department of Peten meets the criteria of 
Sec. 319.56 (e) and (f) for a definite area free from Medfly. Belize 
also provided APHIS with trapping data demonstrating that the entire 
country of Belize meets the criteria of Sec. 319.56 (e) and (f) for a 
definite area free from Medfly.
    We are, therefore, proposing to add Belize and the Department of 
Peten, Guatemala, to Sec. 319.56-2(j).
    In conjunction with this change, we propose to amend Secs. 319.56-
2t and 319.56-2x. Section 319.56-2t lists the areas of Belize from 
which papaya may be imported without treatment for Medfly. Section 
319.56.2x requires treatment for papayas imported from areas of Belize 
not designated as Medfly-free areas. We would add all of Belize to the 
entry in Sec. 319.56-2t and remove the entry for papaya from Belize 
from Sec. 319.56-2x. We would also add papaya from Medfly-free areas in 
Guatemala to the list of fruits and vegetables in Sec. 319.56-2t that 
are eligible for entry into the United States without mandatory 
treatment for Medfly or other special requirements. Note: Papaya from 
Belize and Guatemala would not be eligible for entry into Hawaii due to 
the existence of the papaya fruit fly in those countries.

Papaya from Central America

    The regulations in Sec. 319.56-2w provide that papayas from certain 
areas in Brazil and Costa Rica may be imported into the United States 
if they are grown, treated, packed, labeled, and shipped according to 
certain specifications to prevent the introduction of fruit flies into 
the United States.
    We are proposing to allow the importation of papayas from the 
following areas in El Salvador, Guatemala, Honduras, Nicaragua, and 
Panama under those same conditions:

------------------------------------------------------------------------
         Country                              Area(s)
------------------------------------------------------------------------
El Salvador..............  Departments of La Libertad, La Paz, and San
                            Vicente.
Guatemala................  Departments of Escunitla, Retalhuleu, Santa
                            Rosa, and Suchitepequez.
Honduras.................  Departments of Comayagua, Cortes, and Santa
                            Barbara.
Nicaragua................  Departments of Carazo, Granada, Managua,
                            Masaya, and Rivas.
Panama...................  Provinces of Cocle, Herrera, and Los Santos.
                            Districts of David, Aleanje, and Dolega in
                            the Province of Chiriqui. All areas in
                            Panama located west of the Panama Canal
------------------------------------------------------------------------

    Papayas from the areas listed above would be allowed to be imported 
into the United States only if they meet the following conditions:
    1. The papayas were grown and packed for shipment to the United 
States in one of the areas listed in the table above.
    This condition would ensure that papayas intended for the United 
States would only be grown and packed in areas where fruit fly traps 
are maintained and where the other elements of the systems approach 
described below are in place.
    2. Beginning at least 30 days before harvest began and continuing 
through the completion of harvest, all trees in the area where the 
papayas were grown were kept free of papayas that were one-half or more 
ripe (more than one-quarter of shell surface yellow), and all culled 
and fallen fruit were removed from the field at least twice a week.
    Papayas that are one-half or more ripe, as well as culled or fallen 
papayas, could serve as host material for Medfly and South American 
fruit fly. Therefore, this condition would greatly reduce the risk that 
Medfly or South American fruit fly would be attracted to the fields 
where papayas intended for importation into the United States are 
grown.
    3. The papayas were treated with a hot water treatment consisting 
of 20 minutes in water at 49  deg.C (120.2  deg.F).
    We believe that hot water treatment, in conjunction with other 
safeguards, would reduce the likelihood that papayas will introduce 
injurious plant pests into the United States.
    4. When packed, the papayas were less than one-half ripe (shell 
surface no more than one-quarter yellow, surrounded by light green) and 
appeared to be free of all injurious plant pests.
    This condition would also reduce the risk of introduction of Medfly 
or South American fruit fly, as well as other injurious plant pests, 
into the United States. Papayas themselves are not a preferred host for 
these fruit flies, and papayas that are less than one-half ripe pose 
very little risk of attracting Medfly or South American fruit fly.
    5. The papayas were safeguarded from exposure to fruit flies from 
harvest to export, including being packaged so as to prevent access by 
fruit flies and other injurious insect pests. The package containing 
the papayas does not contain any other fruit, including papayas not 
qualified for importation into the United States.
    This condition would ensure that papayas that have already been 
inspected and packaged for shipment to the United States would not be 
at risk for fruit fly infestation.
    6. All cartons in which papayas are packed must be stamped ``Not 
for importation into or distribution in HI.''
    This condition would ensure that the papaya fruit fly, which is 
know to exist in most of the countries of Central America and the 
Carribean, is not introduced into Hawaii, where it is a quarantine 
pest.
    7. All activities described in paragraphs (a) through (f) of this 
section were carried out under the supervision and direction of plant 
health officials of the national Ministry of Agriculture.
    The supervision of the Ministry of Agriculture would help ensure 
that all of the activities required by the regulations were properly 
carried out.
    8. Beginning at least 1 year before harvest begins and continuing 
through the completion of harvest, fruit fly traps were maintained in 
the field where the papayas were grown. The traps were

[[Page 50659]]

placed at a rate of 1 trap per hectare and were checked for fruit flies 
at least once weekly by plant health officials of the national Ministry 
of Agriculture. Fifty percent of the traps were of the McPhail type, 
and fifty percent of the traps were of the Jackson type. If the average 
Jackson trap catch was greater than 7 Medflies per trap per week, 
measures were taken to control the Medfly population in the production 
area. The national Ministry of Agriculture kept records of fruit fly 
finds for each trap, updated the records each time the traps were 
checked, and made the records available to APHIS inspectors upon 
request. The records were maintained for at least 1 year.
    This condition would ensure that the earliest possible detection of 
the presence of fruit flies in and around fields where papayas are 
grown can be made. If a fruit fly is trapped, the Ministry of 
Agriculture of the exporting country would increase the trap density in 
the area and, if more fruit flies are found, begin malathion bait 
sprays. This condition would also allow APHIS to monitor the trapping 
records of the area for a 1-year period.
    9. If the average Jackson trap catch exceeds 14 Medflies per trap 
per week, importations of papayas from that production area must be 
halted until the rate of capture drops to an average of 7 or fewer 
Medflies per trap per week.
    This threshold for Medfly and South American fruit fly trapping 
will help detect increasing populations of these fruit flies in growing 
areas and will help ensure that these fruit flies are not associated 
with imports of papayas.
    10. All shipments of papayas must be accompanied by a phytosanitary 
certificate issued by the national Ministry of Agriculture stating that 
the papayas were grown, packed, and shipped in accordance with the 
provisions of this section.
    This condition would help ensure that the provisions of the 
regulations have been met.
    We believe that these requirements would be sufficient to prevent 
the introduction of fruit flies into the United States by papayas from 
the listed areas. The papayas would also be subject to inspection, 
disinfection, or both, at the port of first arrival in accordance with 
Sec. 319.56-6.

Peppers From Israel

    The regulations in Sec. 319.56-2u(b) contain requirements for the 
importation of peppers from Israel, including the requirement that 
shipments of peppers must be packaged in fruit fly proof containers and 
be shipped only to the Tel Aviv airport for direct air export to the 
United States. We are proposing, at the request of the Government of 
Israel, to remove the requirement that the peppers be shipped only to 
Tel Aviv airport for direct air export to the United States. We are 
taking this action because we believe that insect-proof packaging is 
sufficient to provide protection against infestation by fruit flies and 
other insect pests. This would make a number of shipping alternatives 
available to exporters and will not result in an increased pest risk. 
We also propose to change the words ``fruit fly-proof containers'' to 
``insect-proof containers.''

Ya Pears From China

    The regulations in Sec. 319.56-2ee list the conditions under which 
Ya variety pears (fruit, Pyrus bretschneideri) may be imported into the 
United States from the Hebei Province of China.
    We are proposing to allow Ya variety pears from the Shadong 
Province of China to be imported into the United States under the same 
conditions, which are as follows:
    Ya variety pears must be grown in an APHIS-approved export growing 
area of the province by growers registered with the Peoples' Republic 
of China Ministry of Agriculture. The Ministry of Agriculture is 
responsible for conducting field inspections for signs of pest 
infestation during the growing season. The registered growers are 
responsible for following the phytosanitary measures agreed upon by 
APHIS and the Ministry of Agriculture, including applying pesticides to 
reduce the pest population and bagging the pears on the trees to reduce 
the opportunity for insect pests to attack the fruit during the growing 
season. The bags are required to remain on the pears through the 
harvest and during their movement to the packing house.
    In order to prevent Ya pears intended for export to the United 
States from being commingled with any other fruit, the packing houses 
in which the pears are prepared for exportation to the United States 
may not be used for other fruit during the pear export season. The 
packing houses may accept only those pears that are still in intact 
bags. The pears must be loaded into containers at the packing house and 
the containers then sealed before movement to the port of export to 
prevent the fruit from being exposed to insect pests while en route to 
the port of export. The pears must also be cold treated for the 
Oriental fruit fly, Bactrocera dorsalis, in accordance with the Plant 
Protection and Quarantine (PPQ) Treatment Manual.
    Each shipment of Ya pears must be accompanied by a phytosanitary 
certificate issued by the Chinese Ministry of Agriculture stating that 
the conditions discussed above have been met.
    We believe that these growing, harvest, shipment, and treatment 
conditions would be adequate to prevent the introduction of Bactrocera 
dorsalis and other insect pests into the United States via Ya pears 
from the Shadong Province of China.

Peppers from New Zealand

    We are proposing to allow peppers (Capsicum spp.) from New Zealand 
to be imported into the United States under certain conditions, which 
would be set forth in a new Sec. 319.56-2hh. Because peppers can be 
hosts of several serious plant pests, including Helicoverpa armigera 
Hubner and Spodoptera litura Fabricius, we would require that the 
peppers be grown in insect-proof greenhouses approved by the New 
Zealand Ministry of Agriculture and Forestry (MAF). We would require 
the greenhouses to be equipped with double self-closing doors and to 
cover any vents or openings in the greenhouses (other than the double 
closing doors) with 0.6 mm screening in order to prevent the entry of 
pests into the greenhouse. We would also require that these greenhouses 
be examined periodically by MAF to ensure that the screens are intact.
    In order to verify that these conditions are being met in New 
Zealand, we would require peppers from New Zealand to be accompanied by 
a phytosanitary certificate of inspection stating that the peppers were 
grown in greenhouses in accordance with the above conditions.
    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 plant pests into the United States with 
peppers imported from New Zealand.

Miscellaneous

    We are also proposing to make several minor, 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

[[Page 50660]]

below, regarding the economic effects 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 effect 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.
    We are also proposing to recognize two additional municipalities in 
the State of Baja California Sur, Mexico, as fruit fly-free areas and 
recognize Belize and the Department of Peten, Guatemala, as areas free 
of the Mediterranean fruit fly.

Availability of Data

    For some 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. 
Some 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. Estimates of the potential volume of exports of 
commodities from foreign countries to the United States are often 
difficult to obtain also, due in part to the uncertainty surrounding 
the cost and availability of transportation and the demand for the 
commodity in the United States.

Effects on Small Entities

    Data on the number and size of U.S. producers of the various 
commodities proposed for importation into the United States in this 
document is not available. However, since most fruit and vegetable 
farms are small by Small Business Administration standards, it is 
likely that the majority of U.S. farms producing the commodities listed 
below are small. Potential economic effects that could occur if this 
proposal is adopted are discussed below by commodity and country of 
origin.

Oregano and Marjoram from Argentina

    There are no data available regarding production of oregano and 
marjoram by the United States. Argentina claims to produce 
approximately 800 tons of oregano per year, but only exports 20 to 60 
tons of that amount. If this rule is adopted, it is likely that some of 
those exports could be diverted to the United States. However, it is 
unlikely that Argentina would increase its production of oregano, and 
therefore, any exports to the United States would likely be minimal and 
would not have any significant economic effect on U.S. producers, 
whether small or large, or consumers. Data on production of marjoram by 
Argentina are not available. We are, therefore, unable to determine the 
effect this proposed rule would have on U.S. producers or consumers of 
marjoram. We are requesting the public to provide APHIS with any 
available data regarding production of marjoram in the United States 
and in Argentina.

Cole and mustard crops (brassica species) from Costa Rica and Honduras

    The United States produced 1.37 million tons of Brassica spp. in 
1997 and exported 46,212 tons and imported 40,604 tons in 1999. Any 
imports of Brassica spp. from Costa Rica that would result if this rule 
is adopted are likely to be only a small fraction of domestic 
production and have a negligible economic effect on domestic producers 
and consumers. Honduras produced 259 tons of cole crops in 1998 and 
exported 171 tons to other Central American countries. Honduras could 
potentially expand production and export up to 330 tons to the United 
States if there is sufficient market demand. However, potential imports 
from Honduras represent only .024 percent of domestic production and .8 
percent of current imports and would not have a measurable effect on 
either U.S. consumers or producers.

Marjoram from Peru

    There is no data available regarding production of marjoram by the 
United States or Peru. We are, therefore, unable to determine the 
effect this proposed rule would have on U.S. producers or consumers of 
marjoram. We are requesting the public to provide APHIS with any 
available data regarding production of marjoram in the United States 
and in Peru.

Eggplant from Spain

    The United States produced 36,900 tons of eggplant in 1997 and, in 
1999, exported over 12,000 tons and imported 35,669 tons. Imports of 
eggplant from Spain that could result if this proposed rule is adopted 
could total 1,000 tons per year, representing 2.8 percent of U.S. 
imports in 1999 and 2.7 percent of U.S. production in 1997. Therefore, 
imports of eggplant from Spain are unlikely to have a significant 
economic effect on U.S. consumers or producers.

Lettuce from Spain

    The United States produced 3.4 million tons of lettuce in 1997, 
and, in 1999, exported over 196,000 tons and imported only 14,000 tons. 
The peak lettuce growing season in Spain would roughly correspond to 
U.S. production seasons. Imports of lettuce from Spain that could 
result if this proposed rule is adopted could total 2,500 tons, 
representing a 17 percent increase in imports, but only .07 percent of 
U.S. production in 1997. Therefore, imports of lettuce from Spain that 
could result if this proposed rule is adopted are unlikely to have a 
significant economic effect on U.S. consumers or producers.

Watermelon from Spain

    The United States produced 2.03 million tons of watermelon in 1997 
and imported 240,302 tons of watermelon in 1999. The amount projected 
to be imported from Spain represents only 1.04 percent of U.S. imports 
in 1999 and .12 percent of U.S. production in 1997. Therefore, it is 
unlikely that imports of watermelon from Spain will have a significant 
economic effect on domestic producers or consumers.

Kiwi from Argentina and Spain

    The United States produced 39,400 tons of kiwi in 1997 and, in 
1999, imported over 49,000 tons while

[[Page 50661]]

exporting 14,792 tons. Data on potential kiwi imports from Argentina 
are not available. We are requesting the public to provide us with any 
data related to the potential imports of kiwi from Argentina that could 
result if this proposal is adopted. Data on potential kiwi imports from 
Spain are not available, but the amount is expected to be small and 
should not have a significant economic effect on U.S. consumers or 
producers.

Passion Fruit from Chile

    There is no data available regarding production of passion fruit by 
the United States or Chile. We are, therefore, unable to determine the 
effect this proposed rule would have on U.S. producers or consumers of 
passion fruit. We are requesting the public to provide APHIS with any 
available data regarding production of passion fruit in the United 
States and in Chile.

Carambola from Mexico

    There is no data available regarding production of carambola by the 
United States. Mexico's Center for Agricultural Statistics does not 
believe that there are any commercial carambola production areas in 
Mexico. Therefore, imports of carambola from Mexico are unlikely to 
have any measurable economic effect on U.S. producers or consumers.

Papaya from Belize, El Salvador, Guatemala, Honduras, Nicaragua, and 
Panama

    The United States produced 20,500 tons of papaya in 1997 and, in 
1999, imported over 73,000 tons and exported 6,533 tons. The top 
exporters of papaya to the United States were Mexico with 61,619 tons, 
Belize with 4,188 tons, Jamaica with 2,094 tons, the Dominican Republic 
with 1,212 tons, and Costa Rica with 771 tons.
    If this proposed rule is adopted, we estimate papaya imports of 330 
tons from El Salvador, 660 tons from Guatemala, and up to 840 tons from 
Panama. These volumes of imports are insignificant when compared to 
domestic production and other papaya imports. Imports of papaya from El 
Salvador would represent 1.6 percent of U.S. domestic production and 
less than one-half of 1 percent of U.S. papaya imports. Imports of 
papaya from Guatemala would represent 3.2 percent of U.S. domestic 
production and less than 1 percent of U.S. papaya imports. Imports of 
papaya from Panama would represent 4 percent of domestic production and 
1.1 percent of U.S. papaya imports. However, most papayas now grown in 
Panama are not suitable for export, since they are large, with soft 
skin. Only four growers are currently planting Solo variety of papayas 
of exportable quality, and of those, only one has fruit ready to export 
at this time.
    Honduras currently produces 184 tons of papaya and exports 129 
tons, but estimates that it could produce and export up to 2,200 tons 
of papayas (75 percent fresh, 25 percent processed) to the United 
States if a market for the papayas exists. To export such a volume of 
papayas to the United States, Honduras would have to increase 
production by almost 12 times the current level. It is unlikely that 
such exports would be forthcoming in the foreseeable future, and even 
if Honduras could export 2,200 tons of papayas to the United States, 
that amount represents only 3 percent of current papaya imports.
    Data on potential imports of papayas from Nicaragua are not 
available.
    Papayas from certain areas in Belize are allowed to be imported 
into the United States without treatment for Medfly, while papayas from 
other areas in Belize are required to be treated for Medfly prior to 
shipment to the United States. This proposed rule would add Belize and 
Department of Peten, Guatemala, to the list of areas recognized as free 
of Medfly, thereby eliminating treatment requirements for papaya 
imported into the United States from any area in Belize or the 
Department of Peten, Guatemala. However, it is unlikely that this 
change to the regulations would have a significant effect on the volume 
of papaya currently exported by Belize or the potential exports by 
Guatemala that are described above.
    U.S. consumers could benefit from expanded choice and potentially 
lower prices for papaya that could result if the proposed rule is 
adopted.

Mangoes from Mexico

    Currently, mangoes from Mexico are required to be treated for fruit 
flies prior to importation into the United States. This proposal would 
add mangoes from certain areas in Mexico to the list of fruits that may 
be imported into the United States without treatment for fruit flies.
    Mexico exported 13,800 tons of mangoes to the United States in 1998 
and 11,800 tons in 1999. These exports accounted for 78 and 44 percent 
of U.S. mango imports for 1998 and 1999, respectively. It is unlikely 
that removing treatment requirements for mangoes imported from areas 
listed in Sec. 319.56-2(h) as fruit fly-free areas would measurably 
reduce the costs of exporting mangoes to the United States or the cost 
of mangoes in the United States.

Peppers from Israel

    In 1999, Israel shipped 15.7 tons of peppers to the United States, 
accounting for only .046 percent of peppers imported by the United 
States in that year. Allowing peppers to be shipped through ports other 
than Tel Aviv is not expected to result in an increase in the volume of 
peppers exported by Israel and, therefore, would not have any 
measurable economic effect on U.S. producers or consumers.

Ya Pears from China

    China exported 15.7 tons of pears to the United States in 1998 and 
749 tons in 1999, representing .056 percent and 1.58 percent of the 
total U.S. imports of pears for those years, respectively. Data on the 
percentage or amount of China's exports that were Ya variety pears are 
not available, and we are unable to determine the additional volume of 
Ya pears that could be exported to the United States from the Shadong 
Province of China if this proposed rule is adopted. We have requested 
information on potential Ya pear exports from China and welcome any 
data that may be supplied by the public during the comment period for 
this proposed rule.

Peppers from New Zealand

    The United States produced 838,650 tons of peppers in 1997. New 
Zealand exported 1,600 tons of peppers for the year ending June 1999--a 
28 percent increase over the previous year. The United States is 
potentially a major market for this commodity from New Zealand. 
However, any imports of peppers from New Zealand would represent a 
negligible amount of U.S. production and would have an insignificant 
economic effect on domestic producers and consumers, since New 
Zealand's exports of 1,600 tons represent less than .2 percent of U.S. 
production.
    This proposed rule contains information collection requirements, 
which have been submitted for approval to the Office of Management and 
Budget (see ``Paperwork Reduction Act'' below).

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 proposed rule is adopted, State and local laws and regulations 
regarding the importation of fruits and vegetables would be preempted 
while the fruits and vegetables are in foreign commerce.

[[Page 50662]]

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. 00-006-1. 
Please send a copy of your comments to: (1) Docket No. 00-006-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, 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.
    In this document, we are proposing to allow a number of fruits and 
vegetables from certain countries of the world to be imported into the 
United States, under specified conditions. Before entering the United 
States, all of the fruits and vegetables would be subject to inspection 
and disinfection at the port of first arrival in the United States to 
ensure that no plant pests are inadvertently brought into the United 
States. These precautions, along with other requirements, would ensure 
that these items can be imported into United States with a minimal risk 
of introducing exotic plant pests such as fruit flies.
    Allowing these fruits and vegetables to be imported will 
necessitate the use of certain information collection activities, 
including the completion of import permits, 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. These comments will 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 20 minutes per response.
    Respondents: U.S. importers of fruits and vegetables; plant health 
officials of exporting countries.
    Estimated annual number of respondents: 150.
    Estimated annual number of responses per respondent: 453.
    Estimated annual number of responses: 11,400.
    Estimated total annual burden on respondents: 3,200 hours.
    Copies of this information collection can be obtained from: Ms. 
Cheryl Groves, APHIS' Information Collection Coordinator, at (301) 734-
5086.

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

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 parts 300 and 319 as 
follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 would be revised to read as 
follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 CFR 2.22, 2.80, and 371.3.
    2. In Sec. 300.1, paragraph (a), the introductory text would be 
revised to read as follows:


Sec. 300.1  Materials incorporated by reference.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted 
November 30, 1992, and includes all revisions through [date], has been 
approved for incorporation by reference in 7 CFR chapter III by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 would be revised to read as 
follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 450; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, 
and 371.3.
    4. In Sec. 319.56-2, by revising paragraphs (h) and (j) to read as 
follows.


Sec. 319.56-2  Restrictions on entry of fruits and vegetables.

* * * * *
    (h) The Administrator has determined that the following areas 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: The entire State of Baja 
California Sur; the municipalities of Bachiniva, Casas Grandes, 
Cuahutemoc, Guerrero, Namiquipa, and Nuevo Casas Grandes in the State 
of Chihuahua; and the municipalities of Altar, Atil, Bacum, Benito 
Juarez, Caborca, Cajeme, Carbo, Empalme, Etchojoa, Guaymas, Hermosillo, 
Huatabampo, Navojoa, Pitiquito, Plutarco Elias Calles, Puerto Penasco, 
San Luis Rio Colorado, San Miguel, and San Ignacio Rio Muerto in the 
State of Sonora. Fruits and vegetables otherwise eligible for 
importation under this subpart may be imported from these areas without 
treatment for the pests named in this paragraph.
* * * * *
    (j) The Administrator has determined that all Provinces in Chile, 
all districts in Belize, and the Department of Peten, Guatemala, meet 
the criteria of Sec. 319.56-2 (e) and (f) with regard to the insect 
pest Mediterranean fruit fly (Medfly) (Ceratitis capitata) (Wiedemann). 
Fruits and vegetables otherwise eligible for importation under this 
subpart may be imported from these areas without treatment for Medfly.
* * * * *
    5. In Sec. 319.56-2t, the table would be amended as follows:

[[Page 50663]]

    a. Under Argentina, by revising the entry for ``Artichoke, globe''.
    b. Under Belize, by revising the entry for ``Papaya''.
    c. Under Mexico, by placing the entry for ``Arugula'' in 
alphabetical order.
    d. By adding, in alphabetical order, entries for marjoram and 
oregano from Argentina; cole and mustard crops from Costa Rica and 
Honduras; papaya from Guatemala; apple, apricot, grapefruit, mango, 
orange, peach, persimmon, pomegranate, and tangerine from Mexico; 
peppers from New Zealand; marjoram from Peru; and eggplant and 
watermelon from Spain.


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

* * * * *

----------------------------------------------------------------------------------------------------------------
           Country/locality                  Common name             Botanical name           Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina............................  Artichoke, globe.......  Cynara scolymus........  Immature flower head.
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Marjoram...............  Origanum spp...........  Above ground parts.
                                       Oregano................  Origanum spp...........  Above ground parts.
 
*                  *                  *                  *                  *                  *
                                                        *
Belize...............................
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Papaya.................  Carica papaya..........  Fruit (from Medfly-free
                                                                                          areas see Sec.  319.56-
                                                                                          2(j). Fruit must be
                                                                                          accompanied by a
                                                                                          phytosanitary
                                                                                          certificate issued by
                                                                                          the Belize department
                                                                                          of agriculture stating
                                                                                          that the fruit
                                                                                          originated in a Medfly-
                                                                                          free area listed in
                                                                                          Sec.  319.56-2(j).)
                                                                                          Papayas are prohibited
                                                                                          entry into Hawaii due
                                                                                          to papaya fruit fly.
                                                                                          Cartons in which fruit
                                                                                          is packed must be
                                                                                          stamped ``Not for
                                                                                          importation into or
                                                                                          distribution within
                                                                                          HI.''
 
*                  *                  *                  *                  *                  *
                                                        *
Costa Rica...........................
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Cole and mustard crops,  Brassica spp...........  Whole plant of edible
                                        including cabbages,                               varieties only.
                                        broccoli, cauliflower,
                                        turnips, mustards, and
                                        related varieties.
 
*                  *                  *                  *                  *                  *
                                                        *
Guatemala............................
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Papaya.................  Carica papaya..........  Fruit (from Medfly-free
                                                                                          areas see Sec.  319.56-
                                                                                          2(j). Fruit must be
                                                                                          accompanied by a
                                                                                          phytosanitary
                                                                                          certificate issued by
                                                                                          the Guatemalan
                                                                                          department of
                                                                                          agriculture stating
                                                                                          that the fruit
                                                                                          originated in a Medfly-
                                                                                          free area listed in
                                                                                          Sec.  319.56-2(j).)
                                                                                          Papayas are prohibited
                                                                                          entry into Hawaii due
                                                                                          to papaya fruit fly.
                                                                                          Cartons in which fruit
                                                                                          is packed must be
                                                                                          stamped ``Not for
                                                                                          importation into or
                                                                                          distribution within
                                                                                          HI.''
 
*                  *                  *                  *                  *                  *
                                                        *
Honduras.............................
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Cole and mustard crops,  Brassica spp...........  Whole plant of edible
                                        including cabbages,                               varieties only.
                                        broccoli, cauliflower,
                                        turnips, mustards, and
                                        related varieties.
 
*                  *                  *                  *                  *                  *
                                                        *
Mexico...............................
 

[[Page 50664]]

 
*                  *                  *                  *                  *                  *
                                                        *
                                       Apple..................  Malus domestica........  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
                                       Apricot................  Prunus armeniaca.......  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Grapefruit.............  Citrus paradisi........  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Mango..................  Mangifera indica.......  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
                                       Orange.................  Citrus sinensis........  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
                                       Peach..................  Prunus persica.........  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
                                       Persimmon..............  Diospyros spp..........  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
 

[[Page 50665]]

 
*                  *                  *                  *                  *                  *
                                                        *
                                       Pomegranate............  Punica granatum........  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Tangerine..............  Citrus reticulata......  Fruit (from fruit fly-
                                                                                          free areas see Sec.
                                                                                          319.56-2(h). Fruit
                                                                                          must be accompanied by
                                                                                          a phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          regulated articles
                                                                                          originated from an
                                                                                          area free from pests
                                                                                          as designated in Sec.
                                                                                          319.56-2(h).'')
 
*                  *                  *                  *                  *                  *
                                                        *
Peru.................................
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Marjoram...............  Origanum spp...........  Above ground parts.
 
*                  *                  *                  *                  *                  *
                                                        *
Spain................................  Eggplant...............  Solanum melongena......  Fruit, commercial
                                                                                          shipments only.
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Watermelon.............  Citrullus vulgaris.....  Fruit, commercial
                                                                                          shipments only.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    6. In Sec. 319.56-2u, paragraph (b)(7) would be revised to read as 
follows and paragraph (b)(8) would be removed:


Sec. 319.56-2u  Conditions governing the entry of lettuce and peppers 
from Israel.

* * * * *
    (b) * * *
    (7) The peppers must be packed in insect-proof containers prior to 
movement from approved insect-proof screenhouses in the Arava Valley.
    7. Section 319.56-2w would be amended by revising the heading, the 
introductory text, and paragraph (a) to read as follows:


Sec. 319.56-2w  Administrative instruction; conditions governing the 
entry of papayas from Central America and Brazil.

    The Solo type of papaya may be imported into the continental United 
States, Alaska, Puerto Rico, and the U.S. Virgin Islands only under the 
following conditions:
    (a) The papayas were grown and packed for shipment to the United 
States in one of the following locations:
    (1) Brazil: State of Espirito Santo.
    (2) Costa Rica: Provinces of Guanacaste, Puntarenas, San Jose.
    (3) El Salvador: Departments of La Libertad, La Paz, and San 
Vicente.
    (4) Guatemala: Departments of Escuintla, Retalhuleu, Santa Rosa, 
and Suchitepequez.
    (5) Honduras: Departments of Comayagua, Cortes, and Santa Barbara.
    (6) Nicaragua: Departments of Carazo, Granada, Managua, Masaya, and 
Rivas.
    (7) Panama: Provinces of Cocle, Herrera, and Los Santos; Districts 
of Aleanje, David, and Dolega in the Province of Chiriqui and all areas 
in the Province of Panama that are west of the Panama Canal.
* * * * *
    8. In Sec. 319.56-2x, the table would be amended as follows:
    a. By removing the entry for Belize.
    b. By adding, in alphabetical order, entries for kiwi from 
Argentina, passion fruit from Chile, and carambola from Mexico.
    c. Under Mexico, by revising the entry for ``mango''.
    d. By adding a new entry for Spain.


Sec. 319.56-2x  Administrative instructions; conditions governing the 
entry of certain fruits and vegetables for which treatment is required.

* * * * *

----------------------------------------------------------------------------------------------------------------
           Country/locality                  Common name             Botanical name           Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina............................
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Kiwi...................  Actinidia deliciosa....  Fruit.
 
*                  *                  *                  *                  *                  *
                                                        *
Chile................................
 

[[Page 50666]]

 
*                  *                  *                  *                  *                  *
                                                        *
                                       Passion fruit..........  Passiflora spp.........  Fruit.
 
*                  *                  *                  *                  *                  *
                                                        *
Mexico...............................  Carambola..............  Averrhoa carambola.....  Fruit.
 
*                  *                  *                  *                  *                  *
                                                        *
                                       Mango..................  Mangifera indica.......  Fruit. (Must be
                                                                                          accompanied by a
                                                                                          phytosanitary
                                                                                          certificate issued by
                                                                                          the Mexican department
                                                                                          of agriculture
                                                                                          stating: ``These
                                                                                          mangoes were treated
                                                                                          in accordance with the
                                                                                          Plant Protection and
                                                                                          Quarantine Treatment
                                                                                          Manual'', unless fruit
                                                                                          was grown in a fruit
                                                                                          fly-free area listed
                                                                                          in Sec.  319.56-2(h).)
 
*                  *                  *                  *                  *                  *
                                                        *
Spain................................  Kiwi...................  Actinidia deliciosa....  Fruit.
                                       Lettuce................  Lactuca spp............  Above ground parts,
                                                                                          commercial shipments
                                                                                          only.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec. 319.56-2ee  [Amended]

    9. In Sec. 319.56-2ee, paragraph (a) would be amended by removing 
the words ``Hebei Province'' and inserting in their place the words 
``the Hebei or Shadong Provinces''.
    10. A new Sec. 319.56-2hh would be added to read as follows:


Sec. 319.56-2hh  Conditions governing the entry of peppers from New 
Zealand.

    (a) Peppers from New Zealand may be imported into the United States 
only under the following conditions:
    (1) Peppers must be grown in New Zealand in insect-proof 
greenhouses approved by the New Zealand Ministry of Agriculture and 
Forestry (MAF).
    (2) The greenhouses must be equipped with double self-closing 
doors, and any vents or openings in the greenhouses (other than the 
double closing doors) must be covered with 0.6 mm screening in order to 
prevent the entry of pests into the greenhouse.
    (3) The greenhouses must be examined periodically by MAF to ensure 
that the screens are intact.
    (4) Each shipment of peppers must be accompanied by a phytosanitary 
certificate of inspection issued by the Ministry of Agriculture and 
Forestry of New Zealand bearing the following declaration: ``These 
peppers were grown in greenhouses in accordance with the conditions in 
Sec. 319.56-2hh.''

    Done in Washington, DC, this 15th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-21174 Filed 8-18-00; 8:45 am]
BILLING CODE 3410-34-U