[Federal Register Volume 66, Number 167 (Tuesday, August 28, 2001)]
[Rules and Regulations]
[Pages 45151-45161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21641]



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  Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / 
Rules and Regulations  

[[Page 45151]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 00-006-2]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the fruits and vegetables regulations to list 
a number of fruits and vegetables from certain parts of the world as 
eligible, under specified conditions, for importation into the United 
States. All of the fruits and vegetables, as a condition of entry, will 
be inspected and subject to disinfection at the port of first arrival 
as may be required by a U.S. Department of Agriculture inspector. In 
addition, some of the fruits and vegetables will be required to be 
treated or meet other special conditions. This action will provide the 
United States with additional kinds and sources of fruits and 
vegetables while continuing to provide protection against the 
introduction of injurious plant pests by imported fruits and 
vegetables.
    We are also recognizing the Department of Peten in Guatemala and 
all Districts in Belize as areas free of the Mediterranean fruit fly. 
This action will relieve import restrictions while continuing to 
prevent the introduction of plant pests into the United States.

DATES: This regulation is effective August 28, 2001. The incorporation 
by reference of the material described in the rule is approved by the 
Director of the Federal Register as of August 28, 2001.

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.
    On August 21, 2000, we published in the Federal Register (65 FR 
50655-50666, Docket No. 00-0061-1) 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. In the proposal, we also proposed to declare Los Cabos 
and La Paz, Baja California Sur, Mexico, as fruit fly-free areas, and 
to declare Belize and the Department of Peten, Guatemala, as areas free 
of the Mediterranean fruit fly (Medfly). We proposed these actions at 
the request of various importers and foreign ministries of agriculture, 
and after conducting pest risk analyses \1\ that indicated these 
actions could be taken without significant risk of introducing plant 
pests into the United States.
---------------------------------------------------------------------------

    \1\ Information on these pest risk analyses and any other pest 
risk analysis referred to in this document may be obtained by 
writing to the person listed under FOR FURTHER INFORMATION CONTACT 
or by calling the Plant Protection and Quarantine (PPQ) fax vault at 
301-734-3560.
---------------------------------------------------------------------------

    Since the publication of the proposed rule, the Government of 
Mexico has reported infestations of the West Indian fruit fly 
(Anastrepha obliqua) in both the Los Cabos and La Paz areas of the 
State of Baja California Sur, Mexico. We are therefore, withdrawing our 
proposal to list those areas as fruit fly-free areas under the 
regulations in Sec. 319.56-2(h).
    Also, on March 14, 2001, a single female Medfly was found in a 
Jackson trap in the village of Placencia in the Stann Creek District of 
Belize. Since March 14, the Belize Agriculture Health Authority (BAHA) 
has increased trapping around the area where the Medfly was detected. 
Further, BAHA has removed available Medfly host material (including 
guavas and cashews) from trees in Placencia. No additional Medflies 
have been trapped to date. Based on the lack of further detections, 
BAHA and APHIS believe that there is not a reproducing Medfly 
population in the Placencia area. Therefore, we are making no changes 
to our proposal to list all of Belize as Medfly-free under the 
regulations in Sec. 319.56-2(j).
    We solicited comments concerning our proposal for 60 days ending 
October 20, 2000. We received 82 comments by that date. They were from 
producers, exporters, researchers, and representatives of State and 
foreign governments. Seventy-five commenters generally supported the 
rule. Seven commenters expressed concerns about some aspect of the 
proposed rule. Their concerns are discussed below by topic.

Papaya Systems Approach

    We proposed to amend the regulations in Sec. 319.56-2w (referred to 
below as the papaya systems approach) by adding several areas in 
Central America to the list of locations eligible to export papayas to 
the United States in accordance with the papaya systems approach.
    Comment: The listing of areas in proposed Sec. 319.56-2w(a) is 
meaningless in terms of mitigating pest risk because there are large 
populations of Medfly in those areas.
    Response: We did not intend for that list of areas to serve as a 
mitigating measure against the introduction of Medfly or other pests. 
Rather, the list of areas in Sec. 319.56-2w(a) is necessary to identify 
those areas that are eligible to export papayas to the United States 
under the papaya systems approach.
    Comment: Fully green papayas have been reported to harbor Medfly. 
Therefore, APHIS must provide data that demonstrate otherwise.
    Response: Research conducted by officials in Brazil, Costa Rica, 
and Hawaii regarding the susceptibility of papaya at various stages of 
ripeness to infestation with fruit flies was critically reviewed by 
U.S. Department of Agriculture (USDA) personnel and found to be 
satisfactory. The research demonstrates that less than one-half ripe 
papayas (shell surface no more than one-quarter yellow, surrounded by 
light green) are not a host for Medfly or South American fruit fly. 
Further, field and cage tests conducted in Costa Rica and Brazil 
demonstrate that fully ripe

[[Page 45152]]

papayas are not a preferred host of Medfly or South American fruit fly.
    In field tests in Costa Rica, papayas were purposely left on trees 
so that all stages of ripeness were represented at all times, and 
fields growing papayas for survey were not treated with pesticides. 
Approximately 100,000 papayas were examined over the course of 3 years. 
No Anastrepha spp. fruit flies were found in any of the papayas, even 
in almost fully ripe fruits, and no Medflies were found in papayas that 
were less than three-quarters ripe. In those 100,000 papayas, only 6 
Medfly larvae were found in fruit that was three-quarters ripe or more. 
Those six larvae, plus trap catches in the areas where research was 
conducted in Costa Rica, indicate that Medflies were present in the 
area, but that Medflies do not prefer papayas, especially papayas that 
are less than one-half ripe.
    In forced tests in Costa Rica, no Medfly or Anastrepha spp. larvae 
were found in papayas that were green to quarter-ripe, and only one 
larva was found in a half-ripe papaya.
    Further, in a study conducted in Brazil, more than 100,000 papayas 
of all ripeness degrees, green to fully ripe (entirely yellow), were 
collected in commercial groves in Espirito Santo. Under these natural 
conditions, none of the papayas, not even fully ripe papayas, contained 
fruit fly larvae. Under forced conditions (e.g., cage tests, where 
Medfly and South American fruit fly are confined in cages with ripening 
papayas), Medfly and South American fruit fly only attacked fully ripe 
papayas. Therefore, we are confident that papayas that are less than 
one-half ripe present a negligible risk of introducing Medfly or South 
American fruit fly into the United States.
    Comment: Trap catches of 7 or more Medflies per trap per week 
indicate the presence of a sizable Medfly population, and trap catches 
of 14 Medflies per week are well beyond acceptable levels to continue 
harvesting fruits for export. Control measures must be initiated at 
much lower levels.
    Response: As stated above, research shows that papayas that are 
less than one-half ripe are not a host of Medfly. The trapping 
requirements of the systems approach guard against ``high infestation 
pressure'' in production fields, and each farm's weekly average of 
Medfly captures per trap will be individually calculated. In the 
systems approach, there are specific requirements for the placement, 
types, and monitoring of fruit fly traps in papaya production fields. 
Specifically, we require that beginning at least 1 year before harvest 
begins and continuing through the completion of harvest, fruit fly 
traps must be maintained in the field where the papayas are grown. The 
traps must be placed at a rate of one trap per hectare and must be 
checked for fruit flies at least once weekly by plant health officials 
of the national plant protection organization. Fifty percent of the 
traps must be of the McPhail type, and 50 percent of the traps must be 
of the Jackson type.
    The systems approach identifies trapping thresholds that will 
trigger action if the Medfly population in a papaya production area is 
too large. Specifically, in order to monitor the Medfly levels in 
commercial papaya production areas, we require that if the average 
Jackson trap catch is greater than seven Medflies per trap per week, 
measures, which may include Malathion bait sprays or other chemical 
sprays, must be taken to control the Medfly population in the 
production area. If the average Jackson trap catch exceeds 14 Medflies 
per trap per week, importations of papayas from that production area 
will be halted until the rate of capture drops to an average of 7 or 
fewer Medflies per trap per week.
    These thresholds for Medfly trapping help detect increasing 
populations of these fruit flies in growing areas and help ensure that 
these fruit flies are not associated with imports of papayas.
    Comment: The proposed papaya program in Guatemala should be run as 
a preclearance program, and APHIS should be present to supervise 
treatments of papayas.
    Response: APHIS operates preclearance programs when they are 
determined necessary to mitigate pest risks identified by a pest risk 
assessment. In the case of papayas imported from Guatemala, APHIS has 
determined that it need not supervise firms authorized to export 
papayas to the United States under the systems approach because 
Guatemala has the infrastructure and expertise necessary to run the 
program in accordance with APHIS' regulations. However, APHIS personnel 
make periodic, often unannounced, inspections of papaya production and 
processing areas that are eligible to export papayas under the systems 
approach. The intent of these inspections is to ensure that growers and 
processors are operating in compliance with all applicable APHIS 
regulations.
    Comment: Persons producing and shipping papayas under the systems 
approach have a built-in incentive to ``cheat'' on the hot water 
treatment since such treatment may hurt the fruits' shelf life.
    Response: We agree that treatment may have an adverse effect on the 
quality of papayas. However, each individual measure required under the 
regulations is not intended to act as a stand-alone treatment for 
Medfly, South American fruit fly, or any other pest. The measures are 
overlapping, redundant safeguards that collectively form a systems 
approach to the importation of papayas from Brazil, Costa Rica, El 
Salvador, Guatemala, Honduras, Nicaragua, and Panama. Therefore, we 
believe the systems approach protects against the risks resulting from 
an occasional inadequately treated shipment of papayas. This is to say 
that, even in the event that a shipment of papayas is not treated 
properly, we believe that the other mitigating measures employed by the 
systems approach will be adequate to protect against the shipment being 
infested with fruit flies. The requirement that all shipments of 
papayas imported under the systems approach must be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of the region of origin that states that the papayas were 
grown, packed, and shipped in accordance with the systems approach 
regulations provides assurance that papayas were treated in accordance 
with APHIS requirements.
    Further, as a precautionary measure, in order to ensure that 
growers who export papayas to the United States under the systems 
approach are treating fruits properly, APHIS monitors the treatment of 
papayas through examination of fruit at the port of arrival in the 
United States. To date, these efforts have proven effective, as there 
have been no reported interceptions of fruit fly-infested papayas 
imported under the systems approach from Costa Rica or Brazil.
    Comment: Other safeguards are more effective in preventing insect 
infestation in papaya than hot water treatment. APHIS should consider 
requiring the use of a fruit washing system and intensified checking of 
fruits during selection and packaging. Such requirements would likely 
be more effective in ensuring papayas' freedom from fruit flies. Hot 
water treatment is costly, has minimal benefits in the context of the 
program, and should be made an optional safeguard.
    Response: As described above, each individual measure required 
under the systems approach is not intended to act as a stand-alone 
treatment for Medfly, South American fruit fly, or any other pest. 
However, we believe that the required hot water is an essential part of 
the systems approach, and is necessary

[[Page 45153]]

to minimize the pest risk associated with the importation of papayas 
under the systems approach. Specifically, the hot water treatment is 
particularly useful in mitigating the pest risk that could result if 
fruit flies lay eggs in papayas immediately before harvest. Further, 
any consideration of alternative safeguards to be used in the systems 
approach would have to be based on risk assessment, and would need to 
be the subject of another rulemaking action.
    Comment: APHIS should amend the systems approach to allow riper 
fruit to be eligible for export.
    Response: As stated above, research has shown that papayas in any 
stage of ripeness are not a preferred host for Medfly or South American 
fruit fly, and papayas that are less than one-half ripe are not a host 
for Medfly or South American fruit fly. Given that papayas that are 
more than one-half ripe could be hosts (albeit not preferred hosts) for 
fruit flies, we will continue to prohibit the importation under the 
systems approach of papayas that are not less than one-half ripe.
    Comment: APHIS should include additional areas in Guatemala as 
eligible to export papayas to the United States under the systems 
approach.
    Response: Persons who wish to have areas added to the list of areas 
eligible to export papayas to the United States under the systems 
approach must submit a formal request to the APHIS representative for 
their region, and should be prepared to provide APHIS with at least 1 
year's worth of fruit fly trapping data for the area to be considered. 
We are not making any changes in response to this comment because any 
additions to the list of areas eligible to export papayas under the 
systems approach regulations must go through notice and comment 
rulemaking under the requirements of the Administrative Procedure Act.
    Comment: APHIS should include the Tainung variety of papaya as a 
fruit eligible for importation into the United States under the papaya 
systems approach.
    Response: Again, we are not making any changes in response to this 
comment because any additions to the list of fruits eligible for 
importation into the United States must go through notice and comment 
rulemaking. Persons or regions wishing to export commodities to the 
United States may submit all available data on the commodity, including 
pest risk assessments, to the person listed under FOR FURTHER 
INFORMATION CONTACT.

Fruit Fly-free Areas

    Comment: It is likely impossible to know that Belize and the 
Department of Peten, Guatemala, are free of Medflies, and that all of 
Baja California Sur, Mexico, is free of fruit flies due to the physical 
impossibility of surveying the entire areas. Trapping cannot definitely 
prove that an area is fruit fly-free, but only that populations are 
below certain detectable levels.
    Response: The national plant protection organizations of Belize, 
Guatemala, and Mexico conduct fruit fly trapping surveys throughout the 
fruit-fly free areas. Traps are located in close proximity to all areas 
where fruit fly host material is located, including commercial growing 
areas that produce fruit fly host material for export to the United 
States and backyards that contain fruit fly hosts.
    We agree that trapping results cannot definitely prove with 
absolute certainty that a given area is fruit fly-free, even if no 
fruit flies are trapped within the area. However, trapping is the 
preferred method used to by most countries to determine if there are 
fruit fly populations present in a given area.
    As stated earlier in this document, since the publication of the 
proposed rule, there have been several trap catches of the West Indian 
fruit fly (Anastrepha obliqua) in the municipalities of Los Cabos and 
La Paz, Baja California Sur, in Mexico. Given the recent detections in 
those areas, we are withdrawing our proposal to declare Los Cabos and 
La Paz as municipalities in Baja California Sur, Mexico, that are fruit 
fly-free under the regulations in Sec. 319.56-2(h).
    Comment: Since the areas in Mexico, Belize, and Guatemala proposed 
to be designated as fruit fly-free areas in Secs. 319.56-2(h) and (j) 
are adjacent to areas with large fruit fly populations, the regulations 
should include detailed requirements for quarantine protection, 
continuous monitoring, and provisions for removing listed areas if the 
requirements are not met.
    Response: In accordance with the regulations in Sec. 319.56-2(f), 
before an area can be listed as fruit fly-free, the Administrator of 
APHIS must determine that:
     Within the past 12 months, the plant protection service of 
the country of origin has established the absence of infestations of 
fruit flies in the definite area or district based on surveys performed 
in accordance with requirements approved by the Administrator as 
adequate to detect such infestations;
     The country of origin has adopted and is enforcing 
requirements to prevent the introduction of fruit flies into the 
definite area or district of the country of origin that are deemed by 
the Administrator to be at least equivalent to those requirements 
imposed under APHIS' regulations to prevent the introduction into the 
United States and interstate spread of fruit flies; and
     The plant protection service of the country of origin has 
submitted to the Administrator written detailed procedures for the 
conduct of surveys and the enforcement of the requirements in 
Sec. 319.56-2 to prevent the introduction of fruit flies.
    In accordance with these requirements, vehicles entering fruit fly-
free areas in Mexico, Belize, or Guatemala are stopped and inspected 
for fruit fly host material. Any fruit fly host material that is 
brought into free areas must be treated for fruit flies. Further, the 
governments of Mexico, Belize, and Guatemala conduct trapping surveys 
in and around fruit fly-free areas to monitor for the presence of fruit 
fly or Medfly populations in those areas. APHIS closely monitors the 
trapping data to verify that these areas do not contain active fruit 
fly populations.
    Comment: APHIS is recognizing Belize as free of Medfly, yet Belize 
did not have to follow the same procedure and provide as much 
information as Guatemala did. Why?
    Response: Belize provided APHIS with the same kinds of trapping 
data and descriptions of pest-control infrastructure as Guatemala did 
and was subject to the same approval process as Guatemala. Copies of 
the documentation submitted by each country can be obtained by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT.
    Comment: Chile is not Medfly-free. An active infestation is present 
in Santiago.
    Response: Since the publication of the proposed rule, the national 
plant protection organization of Chile has reported the presence of 
Medfly in the Provinces of Arica, Iquique, and Parinacota. In response 
to these reports, we will soon be publishing an interim rule to remove 
those provinces from the list of Medfly-free areas in Chile.
    Comment: Why are papayas from Belize and the Department of Peten, 
Guatemala, not allowed into Hawaii if they are allowed into the rest of 
the United States without treatment for Medfly?
    Response: The papaya fruit fly, which is a pest of quarantine 
significance for Hawaii, is known to exist in Belize and Guatemala. 
Given that Hawaii is the United States' largest producer of papaya, we 
prohibit the entry into

[[Page 45154]]

Hawaii of papayas from regions where the papaya fruit fly is known to 
exist to protect against the introduction of the papaya fruit fly into 
that State.

Mangoes From Mexico

    Comment: Mangoes from Mexico are not always treated properly, and 
interceptions of live larvae have occurred at border ports. These 
interceptions cast doubt on the effectiveness of the mango preclearance 
program.
    Response: In response to recent fruit fly interceptions in treated 
mangoes from Mexico, APHIS has conducted a review of the mango 
preclearance program in Mexico. APHIS also requested that the 
Agricultural Research Service (ARS) review the authorized hot water 
treatment for mangoes imported from Mexico and to determine whether 
post-treatment hydrocooling of the mangoes compromised the efficacy of 
the treatment. The authorized treatment did not specifically require or 
forbid the use of hydrocooling, and hydrocooling has been employed in 
Mexico in an effort to preserve the appearance and taste of treated 
mangoes.
    An ARS report completed in February 2001 states that hydrocooling 
immediately after hot water treatment does indeed compromise treatment 
efficacy. The report also states that treatment efficacy can be 
maintained by requiring cooling of fruits in air for 30 minutes after 
the completion of hot water treatment, after which the fruit could be 
hydrocooled. Based on the ARS report, we are planning to publish a 
proposed rule that would amend the existing hot water treatment 
schedule for mangoes from certain areas, including Mexico. Copies of 
the ARS report are available by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    In addition to the review of the treatment for mangoes, APHIS also 
evaluated additional facets of the mango production process that we had 
not previously monitored. In our evaluation, we found additional 
factors that may have contributed to the infestations of mangoes 
offered for entry into the United States, including inadequate trapping 
surveys, improper fruit selection, and deficiencies in fruit-cutting 
examinations conducted prior to the treatment of mangoes at various 
production and processing areas in Mexico. In response to these issues, 
APHIS will be monitoring these activities throughout Mexico to ensure 
against further introductions of fruit flies into the United States.
    Comment: APHIS should not transfer oversight of the existing mango 
preclearance program to Mexico, given the recent interceptions of fruit 
flies in mangoes from Mexico, especially since APHIS supervised the 
treatment of those mangoes. Given the number of interceptions, the 
program should have been shut down.
    Response: As stated above, we believe the recent fruit fly 
interceptions at the border were attributable to the use of 
hydrocooling immediately after the authorized hot water treatment and 
problems with other pretreatment pest management issues--not with 
APHIS' or others' oversight of the treatment. With the revised 
treatment protocol described above in place, and with the additional 
monitoring of production and processing described above, we believe 
there is no reason to expect any further fruit fly interceptions in 
treated mangoes from Mexico, regardless of who supervises the 
treatments. Therefore, we are making no changes in response to this 
comment.
    Comment: Given the change of the mango program in Mexico from a 
preclearance program to a national certification program, is APHIS 
prepared to apply the equivalency principle to other countries with 
similar programs?
    Response: Yes, APHIS will consider requests that would result in 
the transfer of an existing preclearance program to the national plant 
protection organization of a particular country. For each such request, 
we would publish a proposed rule in the Federal Register and solicit 
public comment on the proposed transfer of certification authority. We 
would propose such actions only after determining that the national 
plant protection organization of the exporting region has the 
infrastructure and expertise necessary to conduct the export program in 
accordance with APHIS' regulations. Further, APHIS would still monitor 
such operations, and would make periodic inspections of treatment 
facilities to ensure compliance with APHIS' regulations.
    Comment: Has APHIS studied the correlation between live fruit fly 
finds and the presence of full-time APHIS inspectors at each treatment 
facility and/or APHIS inspectors covering a number of facilities? Were 
these studies considered in developing the proposed rule?
    Response: APHIS has not conducted such a study, nor was such a 
study considered in the development of the proposed rule. However, in 
any case when APHIS allows a foreign plant protection agency to certify 
treatments required by APHIS, such a decision is typically based on a 
combination of prior experience working with the plant protection 
organization of the affected country and risk. In short, APHIS 
maintains a presence in exporting regions only if APHIS' presence is 
necessary to ensure that commodities to be exported to the United 
States are free of quarantine pests and diseases.

Carambola From Mexico

    Comment: APHIS should supervise cold treatment of carambolas from 
Mexico and should specify in the regulations the exact level of APHIS 
supervision that will be required. There is a built-in incentive for 
Mexico to ``cheat'' on cold-treatment of carambolas. Cold treatment for 
11 days or more causes significant damage to carambolas, and damage 
worsens as temperature is lowered and duration increased.
    Response: APHIS will monitor the treatment of carambolas from 
Mexico to ensure that the treatments are performed in accordance with 
the PPQ Treatment Manual. An APHIS representative will typically be 
present when treatment begins and when treatment ends, and will review 
the temperature readings recorded during the treatment that are 
required to be kept by the treatment facility in accordance with the 
PPQ Treatment Manual.
    Further, treatment facilities that treat carambolas under the 
regulations are required to be certified by, and must operate under a 
compliance agreement with, APHIS. Shipments of carambolas that are 
treated at facilities that do not meet the requirements will be refused 
entry into the United States.
    Comment: Increased imports of carambolas from Mexico would hurt 
U.S. carambola producers.
    Response: In our initial regulatory flexibility analysis for our 
August 21, 2000, proposed rule, we stated that there were no data 
available regarding production of carambolas in the United States, and 
Mexico's Center for Agricultural Statistics does not believe that there 
are any commercial carambola production areas in Mexico. Based on the 
lack of available data, we stated that imports of carambola from Mexico 
would be unlikely to have any measurable economic effect on U.S. 
producers or consumers. However, since the proposed rule was published, 
we have gathered additional information related to domestic carambola 
production. The information is discussed below in our final regulatory 
flexibility analysis.

Inspection of Fruits and Vegetables

    Comment: In the proposed rule, APHIS states that pest risk analyses

[[Page 45155]]

indicate potential pests of passion fruit, kiwi, carambola, and lettuce 
that are not ``treated for'' would be readily detectable by an 
inspector. There are two problems with this statement:
    1. Representatives from APHIS have publicly stated that many pests 
are extremely difficult to detect in a high-volume setting such as a 
port of entry.
    2. APHIS examines only a tiny volume of products imported into the 
United States.
    Response: The fruits cited by the commenter would be allowed to 
enter the United States from certain countries if treated in accordance 
with the PPQ Treatment Manual for certain pests.
    In conducting a risk assessment for each of these fruits, APHIS 
identified the pests of concern that could be associated with each 
particular imported commodity. APHIS then considered the damage each 
pest could cause and the likelihood of each pest being introduced into 
the United States via the imported commodity and assigned each pest a 
risk level of high, medium, or low. APHIS then determined what, if any, 
mitigating measures (e.g., treatments) are available to address the 
risks presented by the identified pests of concern. APHIS does not 
typically require additional mitigation measures other than inspection 
at the port of arrival for pests that are identified as low risk 
according to risk assessment.
    The commenter is correct that APHIS inspects only a portion of 
imported products. However, APHIS does inspect at least a small portion 
of every documented shipment of plant products that is imported into 
the United States, and randomly selects fruits and vegetables from each 
shipment for inspection.

Eggplant and Watermelon From Spain

    Comment: Eggplant and watermelon should be packaged in pest-proof 
containers when being moved from commercial growing locations.
    Response: APHIS requires that certain commodities from certain 
areas to be packaged in pest-proof containers prior to movement from 
production areas in the region of origin to ensure that the commodities 
are not vulnerable to pest infestation during transit from the 
production area to the United States. However, APHIS does not believe 
that such controls are necessary to protect eggplant and watermelon 
from Spain. These commodities are not hosts to pests of quarantine 
significance in the United States.

Peppers From New Zealand

    Comment: Peppers can be host to serious plant pests, including 
Helicoverpa armigera Hubner and Spodoptera litura Fabricus. The risk of 
introducing these pests is too great to allow the importation of 
peppers from New Zealand.
    Response: As stated in our proposed rule, in order to protect 
against the introduction of H. armigera and S. litura, we are requiring 
that the peppers be grown in insect-proof greenhouses approved by the 
New Zealand Ministry of Agriculture and Forestry (MAF). We are 
requiring the greenhouses to be equipped with double self-closing doors 
and that any vents or openings in the greenhouses (other than the 
double closing doors) be covered with 0.6 mm screening in order to 
prevent the entry of pests into the greenhouse. We are also requiring 
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 are requiring 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 these conditions, as well as all other applicable 
requirements in Sec. 319.56-6, will be adequate to prevent the 
introduction of plant pests into the United States with peppers 
imported from New Zealand.

Miscellaneous Comments

    Comment: ``Cuke-asaurus''TM horned fruit from Chile 
should be added to the list of fruits that are eligible, under 
specified conditions, for importation into the United States.
    Response: As noted previously, any additions to the list of fruits 
eligible for importation into the United States must be the subject of 
notice and comment rulemaking. Persons or regions wishing to export 
commodities to the United State may submit all available data on the 
commodity, including pest risk assessments, to the person listed under 
FOR FURTHER INFORMATION CONTACT.
    Comment: The proposed rule contains a mistake: Mangoes should not 
be included in the list of fruits eligible for importation without 
treatment for fruit fly (if from fruit fly-free areas).
    Response: In our proposed rule, we specifically proposed to add 
mangoes to the list of fruits that may be imported from areas listed in 
Sec. 319.56-2(h) without treatment for fruit flies, since no species of 
fruit fly known to attack mango exists in any of the areas listed in 
Sec. 319.56-2(h). Mangoes from the areas listed in Sec. 319.56-2(h) do 
not present a risk of fruit fly introduction.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

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.
    This rule relieves restrictions on the importation of certain 
fruits and vegetables from certain countries while continuing to 
protect against the introduction of plant pests into the United States. 
Immediate implementation of this rule is necessary to provide relief to 
those persons who are adversely affected by restrictions we no longer 
find warranted. Making this rule effective immediately will allow 
interested producers, importers, shippers, and others to benefit 
immediately from the relieved restrictions. 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. 604, we have performed a final 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this rule on small entities.
    This final rule amends the fruits and vegetables regulations to 
list a number of fruits and vegetables from certain parts of the world 
as eligible, under specified conditions, for importation into the 
United States. All of the fruits and vegetables, as a condition of 
entry, will be inspected and subject to such disinfection at the port 
of first arrival as may be required by a USDA inspector. In addition, 
some of the fruits and vegetables will be required to meet other 
special conditions. This action will provide the United States with 
additional kinds and sources of fruits and vegetables while continuing 
to provide protection against the introduction and dissemination of 
injurious plant pests by imported fruits and vegetables. This final 
rule will also recognize the Department of Peten,

[[Page 45156]]

Guatemala, and all Districts in Belize as areas free of the 
Mediterranean fruit fly.
    We have used all available data to estimate the potential economic 
effects of allowing these fruits and vegetables to be imported into the 
United States. However, some of the data we believe would be helpful in 
making this determination have not been available. Specifically, data 
are not available on: (1) The quantity of specific fruits and 
vegetables produced domestically; (2) the quantity of potential 
imports; and (3) the degree to which imported fruits and vegetables 
will displace existing imported or domestic products. In our proposed 
rule, we invited commenters to provide such data. However, we did not 
receive any comments providing the kinds of data we requested. We did, 
however, receive one comment related to our analysis of the effects of 
importing carambolas from Mexico. That comment is discussed earlier in 
this document under the heading Carambola from Mexico. We have updated 
our analysis related to carambola from Mexico (see below).

Effects on Small Entities

    Data on the number and size of U.S. producers of the various 
commodities that may be imported into the United States under this 
final rule are not available. However, since most fruit and vegetable 
farms are small by Small Business Administration (SBA) standards, it is 
likely that the majority of U.S. farms producing the commodities 
examined below are small entities. The potential economic effects of 
this final rule 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 in the United States. Argentina claims to produce 
approximately 800 tons of oregano per year, but only exports 20 to 60 
tons of that amount. It is likely that some of those exports could be 
diverted to the United States. However, it is unlikely that Argentina 
will increase its production of oregano, so any exports to the United 
States will likely be minimal and will not have any significant 
economic effect on U.S. producers, whether small or large, or on 
consumers. Data on production of marjoram by Argentina are not 
available. We are, therefore, unable to determine the effect this final 
rule will have on U.S. producers or consumers of marjoram.

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 could result from this 
final rule 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 are equal to only 0.024 percent of domestic production 
and represent 0.8 percent of current imports and thus will not have a 
measurable effect on either U.S. consumers or producers.

Marjoram From Peru

    There are no data available regarding production of marjoram in the 
United States or Peru. We are, therefore, unable to determine the 
effect this final rule will have on U.S. producers or consumers of 
marjoram.

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 resulting from this final rule could total 1,000 
tons per year, equaling 2.7 percent of U.S. production in 1997 and 
representing 2.8 percent of U.S. imports in 1999. 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 roughly corresponds to U.S. 
production seasons. Imports of lettuce from Spain that could result 
from implementation of this final rule could total 2,500 tons, 
representing a 17 percent increase in imports (equal to 0.07 percent of 
U.S. production in 1997). Therefore, imports of lettuce from Spain that 
could result from this final rule 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 equals 0.12 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 exporting 14,792 tons. Data on 
potential kiwi imports from Argentina are not available. Data on 
potential kiwi imports from Spain are also 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 are no data available regarding production of passion fruit 
by the United States or Chile. We are, therefore, unable to determine 
the effect this final rule will have on U.S. producers or consumers of 
passion fruit.

Carambola From Mexico

    Carambola is grown in both Florida and Hawaii. Florida has 
approximately 10 producers, with a total of 250 acres of carambola. One 
firm accounts for approximately half of the total acres. Most of the 
other firms would meet SBA guidelines for small agricultural businesses 
(less than $750,000 in yearly receipts).
    September through February is the major picking time for carambola. 
However, trees are productive throughout the year. April through June 
is the slowest season for picking. Trees can start producing in as 
little as 13 months under ideal conditions, and within 3 years under 
normal circumstances. Trees must be sheltered from the wind, and 
erecting and maintaining windbreaks is a major expense in carambola 
production. Production costs range from $1,500 per acre to a more 
typical cost of $2,700 per acre.
    An acre of carambola trees can produce 30,000 to 40,000 pounds of 
fruit. The average packout, or amount of fruit that is suitable for the 
commercial market, is approximately 60 percent of the total production. 
With proper handling, the fruit can be stored up to 30 days. Prices for 
carambola have fluctuated from a low of 16 cents per pound up to $1.50 
per pound. Forty-five cents per pound is a typical price. In 1995 to 
1996, the estimated annual value of Florida carambola production was 
$17 million.

[[Page 45157]]

    Hawaii had 25 producers in 1999 with a total of 20 acres of 
carambola. The total value of sales was $66,000. All of Hawaii's 
producers would likely meet SBA guidelines for small agricultural 
businesses. The table below provides details about Hawaii's carambola 
production.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Planted     Harvested      Total       Bearing     Farm price    Value of
                    Carambola  (Starfruit)                        Farms        acres        acres        trees        trees     (per pound)     sales
--------------------------------------------------------------------------------------------------------------------------------------------------------
1997.........................................................           35           25           20         2100         1900        $0.46      $41,400
1998.........................................................           25           25           25         1900         1900         0.97       36,000
1999.........................................................           25           20           15         1800         1700        $0.66      $63,000
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Any projections of possible imports from Mexico are merely 
speculation at this point. It is not believed that there currently is 
any commercial production of carambola in Mexico. However, because 
carambola can come into production quickly, whether or not there is 
current commercial production in Mexico does not alter the potential 
economic effect of the rule. Carambola imports will directly compete 
with domestic production and domestic producers may lose market share. 
Domestic consumers will benefit if imports increase the availability of 
fruit and if increased competition results in lower prices.
    The costs associated with increased imports will be borne by a 
small group of domestic producers, while the more diffuse group of 
consumers will enjoy the benefits. Because the costs are concentrated 
among a small group, they are more apparent. Benefits enjoyed by 
consumers, while real, will likely be too small to be measured or even 
noticed.

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.
    We estimate papaya imports of 330 tons from El Salvador, 660 tons 
from Guatemala, and up to 840 tons from Panama as a result of this 
final rule. These volumes of imports are insignificant when compared to 
domestic production and other papaya imports. Imports of papaya from El 
Salvador will equal 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 will equal 3.2 percent of U.S. domestic production and 
less than 1 percent of U.S. papaya imports. Imports of papaya from 
Panama will equal 4 percent of domestic production and 1.1 percent of 
U.S. papaya imports. However, most papaya varieties 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 is prepared to export fruit 
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 will have to increase production 
by almost 12 times the current level. It is unlikely that such export 
levels will be realized 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.
    Prior to this final rule, certain areas in Belize were already 
recognized as free of Medfly. Producers in those areas have been able 
to export papayas to the United States without treatment for Medfly. 
This final rule adds the remainder of Belize, except Stann Creek, as 
well as the 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 those 
Medfly-free areas in Belize and Guatemala. However, it is unlikely that 
this final rule will have a significant effect on the volume of papayas 
currently exported by Belize or the potential exports by Guatemala that 
are described above.
    U.S. consumers could benefit from potentially lower prices for 
papayas that could result from adoption of this rule.

Mangoes From Mexico

    Prior to the effective date of this rule, mangoes from all areas in 
Mexico were required to be treated for fruit flies prior to importation 
into the United States. This final rule provides for mangoes from 
specified fruit fly-free areas in Mexico to 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 will 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 0.046 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, should not have any 
measurable economic effect on U.S. producers or consumers.

Ya Pears From China

    The United States produced 970,000 and 1,021,000 tons of pears in 
1998 and 1999, respectively. The United States is a net exporter of 
pears, as shown in the following table.

------------------------------------------------------------------------
                                                        1999      2000
------------------------------------------------------------------------
Imports (tons)......................................    89,785    93,631
Exports (tons)......................................   142,738   165,641
------------------------------------------------------------------------

    In 2000, most of the pears imported into the United States came 
from Argentina (52 percent), Chile (26.5 percent), New Zealand (5.6 
percent), and China (5.6 percent). The main importers of U.S. pears are 
Mexico (50 percent) and Canada (28 percent), with the remaining 
quantities distributed among approximately 50 other destinations. 
According to the 1997 Census of Agriculture, there were approximately 
4,897 farms producing pears in the United States in 1997, about 98 
percent of which are considered small entities according to SBA 
guidelines.

[[Page 45158]]

    When this rule is adopted, China expects to export a total of 1,250 
to 1,850 tons of Ya pears to the United States from Hebei and Shadong 
Provinces. (Imports from Hebei province are already allowed under 
Sec. 319.56-2ee.)
    The proportion of China's exports of pears to the United States 
that were Ya pears is unknown. However, since Ya pears are a unique 
variety of pear produced only in China, Ya pears would not compete with 
domestically grown pears.

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, the volume of any imports of peppers from New Zealand will be 
negligible in comparison to the amount of U.S. production and will have 
an insignificant economic effect on domestic producers and consumers, 
since New Zealand's exports of 1,600 tons represent less than 0.2 
percent of U.S. production.
    This rule contains various recordkeeping requirements, which were 
described in our proposed rule, and which have been approved by the 
Office of Management and Budget (see ``Paperwork Reduction Act'' 
below).

Executive Order 12988

    This final rule allows certain fruits and vegetables to be imported 
into the United States from certain parts of the world. State and local 
laws and regulations regarding the importation of fruits and vegetables 
will be preempted while the fruit is 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 the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0158.

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, Nursery Stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.


    Accordingly, we are amending 7 CFR parts 300 and 319 as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 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 is revised 
to read as follows:


Sec. 300.1  Materials incorporated by reference.

    (a) Plant Protection and Quarantine Treatment Manual. In accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51, the Director of the Office of 
the Federal Register has approved, for incorporation by reference in 7 
CFR chapter III, the Plant Protection and Quarantine Treatment Manual, 
which was reprinted November 30, 1992, and all revisions through May 
2000; and Treatments T101-n-2 and T102-b, and Table 5-2-5, revised July 
2001.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


    4. In Sec. 319.56-2, paragraphs (h) and (j) are revised 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 paragraph (e) and (f) of this section with 
regard to the plant pests Ceratitis capitata, Anastrepha ludens, A. 
serpentina, A. obliqua, and A. fraterculus: Comondu, Loreto, and 
Mulege; in the 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 Districts in Belize, 
all Provinces in Chile, and the Department of Peten in Guatemala meet 
the criteria of paragraphs (e) and (f) of this section 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 is amended as follows:
    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; papaya 
from Guatemala; cole and mustard crops from Honduras; apple, apricot, 
grapefruit, mango, orange, peach, persimmon, pomegranate, and tangerine 
from Mexico; 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.
 

[[Page 45159]]

 
*                  *                  *                  *                  *                  *
                                                        *
                                   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
                                                                               national plant protection
                                                                               organization of Belize 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      Brassica spp.......  Whole plant of edible varieties
                                    crops, including                           only.
                                    cabbages, 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
                                                                               national plant protection
                                                                               organization of Guatemala 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      Brassica spp.......  Whole plant of edible varieties
                                    crops, including                           only.
                                    cabbages, broccoli,
                                    cauliflower,
                                    turnips, mustards,
                                    and related
                                    varieties.
 
*                  *                  *                  *                  *                  *
                                                        *
Mexico
 
*                  *                  *                  *                  *                  *
                                                        *
                                   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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               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 national
                                                                               plant protection organization of
                                                                               Mexico stating: ``These regulated
                                                                               articles originated in an area
                                                                               free from pests as designated in
                                                                               7 CFR 319.56-2(h).'')
 

[[Page 45160]]

 
*                  *                  *                  *                  *                  *
                                                        *
                                   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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               319.56-2(h).'')
 
*                  *                  *                  *                  *                  *
                                                        *
                                   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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               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
                                                                               national plant protection
                                                                               organization of Mexico stating:
                                                                               ``These regulated articles
                                                                               originated in an area free from
                                                                               pests as designated in 7 CFR
                                                                               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) is revised to read as 
follows and paragraph (b)(8) is 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 is amended by revising the heading, the 
introductory text, and paragraph (a) to read as follows:

[[Page 45161]]

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, paragraph (a), the table is amended as 
follows:
    a. By revising 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.
Belize...........................  Papaya..............  Carica papaya......  Fruit. (Treatment for
                                                                               Mediterranean fruit fly (Medfly)
                                                                               not required if fruit is grown in
                                                                               a Medfly-free area (see Sec.
                                                                               319.56-2(j)).)
 
*                  *                  *                  *                  *                  *
                                                        *
Chile
 
*                  *                  *                  *                  *                  *
                                                        *
                                   Passion fruit.......  Passiflora spp.....  Fruit.
 
*                  *                  *                  *                  *                  *
                                                        *
Mexico
 
*                  *                  *                  *                  *                  *
                                                        *
                                   Carambola...........  Averrhoa carambola.  Fruit.
                                   Mango...............  Mangifera indica...  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the national plant protection
                                                                               organization of Mexico 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)(1) is 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 is added to read as follows:


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

    Peppers from New Zealand may be imported into the United States 
only under the following conditions:
    (a) The peppers must be grown in New Zealand in insect-proof 
greenhouses approved by the New Zealand Ministry of Agriculture and 
Forestry (MAF).
    (b) 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.
    (c) The greenhouses must be examined periodically by MAF to ensure 
that the screens are intact.
    (d) Each shipment of peppers must be accompanied by a phytosanitary 
certificate of inspection issued by MAF 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 22nd day of August 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-21641 Filed 8-27-01; 8:45 am]
BILLING CODE 3410-34-U