[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Proposed Rules]
[Pages 61547-61564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24847]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 02-026-1]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We propose 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 treatment 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 types and sources of 
fruits and vegetables while continuing to protect against the 
introduction of quarantine pests through imported fruits and 
vegetables.
    We are also proposing to recognize areas in several countries as 
free from certain fruit flies; amend the packing requirements for 
certain commodities; expand locations in the northeastern United States 
where cold treatment can be conducted; update and clarify restrictions 
on the entry of fruits and vegetables; update and clarify permit 
procedures, including amendment, denial, or withdrawal of permits; 
require full disclosure of fruits and vegetables at the port of first 
arrival and clarify the conditions under which they may be released for 
movement; and make other miscellaneous changes.

DATES: We will consider all comments that we receive on or before 
December 2, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-026-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-026-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-026-1'' on the subject line.
    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: Dr. Inder P. Gadh, 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 ``Subpart-Fruits and Vegetables'' (7 CFR 319.56 
through 319.56-8, referred to below as the regulations) currently 
prohibit or restrict the importation of fruits and vegetables into the 
United States from certain parts of the world to prevent the 
introduction and spread of plant pests that are new to or not widely 
distributed within the United States.
    We propose to amend the regulations to list a number of fruits and 
vegetables from certain parts of the world as eligible, under certain 
conditions, for importation into the United States. We are proposing 
this action at the request of various importers and foreign ministries 
of agriculture.
    In accordance with the Animal and Plant Health Inspection Service 
(APHIS) notice, ``Procedures and Standards Governing the Consideration 
of Import Requests,'' published in the Federal Register on June 19, 
2001 (66 FR 32923-32928, Docket No. 00-082-1), we have conducted pest 
risk assessments for commodities that have not been imported previously 
under the regulations. For citrus from the Republic of South Africa and 
for peppers and tomatoes from Spain, where we are proposing to extend 
the area from which these commodities may be imported, we have reviewed 
data that demonstrates that the pest risk assessment prepared for the 
currently eligible areas is applicable to the new areas as well. 
Information on these pest risk assessments and data referred to in this 
document may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT. Some of the pest risk assessments are also 
available on the Internet at http://www.aphis.usda.gov/ppq/pra/.
    The fruits and vegetables referred to 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. Under Sec.  319.56-6, all imported 
fruits and vegetables, as a condition of entry into the United States, 
must be inspected; they are also subject to disinfection at the port of 
first arrival if a U.S. Department of Agriculture (USDA) inspector 
requires it. Section 319.56-6 also provides that any shipment of fruits 
and vegetables may be refused entry if the shipment is so infested with 
quarantine pests that an inspector determines that it cannot be cleaned 
or treated.
    Some of the fruits and vegetables proposed for importation would 
have to meet other special conditions. The proposed conditions of 
entry, which are discussed below, appear adequate to prevent the 
introduction and spread of quarantine pests through the importation of 
these fruits and vegetables.
    We are proposing to make several other amendments to update and 
clarify the regulations and improve their effectiveness. Our proposed

[[Page 61548]]

amendments are discussed below by topic.

Changes in Terminology

    We propose to update the regulations to replace the term 
``injurious insects'' wherever it appears with the term ``quarantine 
pests.'' We would define quarantine pest in Sec.  319.56-1 as ``A pest 
of potential economic importance to the area endangered by it and not 
yet present there, or present but not widely distributed there and 
being officially controlled,'' which is consistent with the definition 
provided in the standards of the International Plant Protection 
Convention (IPPC) of the United Nations' Food and Agriculture 
Organization. ``Quarantine pests'' is a more accurate term because the 
regulations address not only insects, but other pests of quarantine 
significance as well. In addition, the APHIS, other plant protection 
organizations throughout the world, and the regulated community use the 
term ``quarantine pests.'' Therefore, in the remainder of this proposed 
rule, we use the term ``quarantine pests'' and, in the regulatory 
portion of this document, we will propose to replace the term 
``injurious insects'' with the term ``quarantine pests.''
    Our regulations currently refer to ``fruit-fly proof'' cartons or 
coverings. However, ``insect-proof'' is a more inclusive term and would 
clarify the intent of the regulations that the cartons or coverings 
must be adequate to exclude insects generally rather than just fruit 
flies. Therefore, we propose to replace the term ``fruit-fly proof'' 
wherever it appears in the regulations with the term ``insect-proof.''

Definitions

    In addition to adding the definition for quarantine pest discussed 
above, we would amend Sec.  319.56-1 by adding the following terms and 
definitions.
    Under the current regulations, the importation of fruits or 
vegetables must be authorized by a permit; however the term ``permit'' 
is not specifically defined in the regulations. Therefore, we would add 
a definition for permit to read, ``A written or oral authorization, 
including by electronic methods, to import fruits or vegetables in 
accordance with the regulations in this subpart.'' As a permit could be 
either a general permit or a specific permit, we would add definitions 
for these terms as well.
    General permit would be defined as ``An authorization contained in 
Sec.  319.56-2(b), (c), or (d) for any person to import the articles 
named by the general permit, in accordance with the requirements 
specified by the general permit, without being issued a specific 
permit.''
    Specific permit would be defined as ``An authorization issued by 
APHIS to a person to import a particular fruit or vegetable from a 
specified country in accordance with the requirements of this subpart 
and any additional conditions that may be assigned.''

Restrictions on Entry of Fruits and Vegetables

    Section 319.56-2 currently provides restrictions on the entry of 
fruits and vegetables imported into the United States. Paragraph (e) of 
Sec.  319.56-2 provides conditions under which fruits and vegetables 
may be imported into the United States, but that paragraph does not 
necessarily apply to all fruits and vegetables that may be imported 
under the regulations. In other sections of the regulations, specific 
conditions are prescribed for specific commodities that may be imported 
into the United States from a particular country or locality (e.g., in 
Sec.  319.56-2w, papayas from Brazil and in Sec.  319.56-2dd, tomatoes 
from Spain, France, Morocco, and Chile). We propose to amend Sec.  
319.56-2(e) to clarify that fruits and vegetables from designated 
countries or localities that are subject to specific import 
requirements prescribed elsewhere in the regulations are not subject to 
the general requirements specified in Sec.  319.56-2(e). We would, 
however, add the provision that the general requirements of Sec.  
319.56-2(e) will apply if so indicated in the specific section, as is 
the case for apples and pears from Australia and New Zealand in Sec.  
319.56-2j.
    The regulations in Sec.  319.56-2(e)(3) and (e)(4) currently 
specify that certain fruits and vegetables may be imported from a 
definite area or district if that area or district is free of all or 
certain injurious insects and the importation of the fruits and 
vegetables can be authorized ``without risk.'' To prevent the 
introduction of quarantine pests through the importation of fruits and 
vegetables into the United States, the regulations currently stipulate 
inspection, treatment, and other conditions to mitigate the risk of 
introducing quarantine pests. Even with strict adherence to the 
preventive measures that the regulations prescribe, there will always 
be some risk--however slight--that a fruit or vegetable could harbor 
quarantine pests, which makes the ``without risk'' criterion a standard 
that, in practical terms, is impossible to satisfy. Therefore, in Sec.  
319.56-2(e)(3) and (e)(4), we propose to amend the regulations by 
removing the criterion of importation without risk. Even with the 
removal of that criterion from Sec.  319.56-2(e)(3) and (e)(4), those 
paragraphs would continue to provide appropriate conditions for the 
importation of fruits and vegetables from pest-free areas.
    Section 319.56-2(f) currently lists criteria that must be met 
before APHIS will authorize the importation of certain fruits or 
vegetables from a definite area or district under Sec.  319.56-2(e)(3) 
or (e)(4). Specifically, prior to the importation of a fruit or 
vegetable, the Administrator must determine that surveys conducted by 
the country of origin support the absence of certain injurious insects, 
the country of origin has adopted and is enforcing requirements to 
prevent the introduction of certain insects, and that the country of 
origin has submitted written detailed procedures for the conduct of 
surveys and the enforcement of requirements employed to prevent the 
introduction of injurious insects.
    We propose to replace the specific criteria in Sec.  319.56-2(f) 
with a standard requiring that the area from which the fruit or 
vegetable is being imported meets the requirements of the IPPC's 
International Standard for Phytosanitary Measures (ISPM) No. 4, 
``Requirements for the establishment of pest free areas.'' ISPM No. 4 
is available by writing to USDA, APHIS, PPQ, Phytosanitary Issues 
Management, 4700 River Road Unit 140, Riverdale, MD 20737, or on the 
Internet at: http://www.aphis.usda.gov/ppq/pim/standards/.
    The IPPC, of which the United States is a member, establishes 
international standards to achieve international harmonization of 
phytosanitary measures. ISPM No. 4 requires that for an area to be 
considered as free, it must have a system to establish freedom, 
phytosanitary measures to maintain freedom, and a system for the 
verification of the maintenance of freedom. We believe that 
incorporating this standard by reference into our regulations would 
prevent the introduction of quarantine pests into the United States and 
provide requirements that are consistent with the IPPC.

Fruit-Fly-Free Areas in Mexico

    The regulations in Sec.  319.56-2(h) currently list the 
municipalities in Mexico that APHIS has determined meet the criteria of 
Sec.  319.56-2(e) and (f) with regard to freedom from the plant pests 
Mediterranean fruit fly (Ceratitis capitata) (Medfly), Mexican fruit 
fly (Anastrepha ludens), dark fruit fly (A. serpentina), West Indian 
fruit fly (A. obliqua), and South American fruit fly (A. fraterculus). 
Apples, apricots,

[[Page 61549]]

grapefruit, mangoes, 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 
demonstrate that the municipalities of La Paz and Los Cabos in the 
State of Baja California Sur and Ahome, Choix, El Fuerte, Guasave, and 
Sinaloa de Leyva in the State of Sinaloa meet the criteria of Sec.  
319.56-2(e) and (f) for area freedom from the fruit flies listed above. 
These municipalities also meet the requirements under ISPM No. 4, 
which, as discussed above, we are proposing to use as the requirements 
for the establishment of pest-free areas. Therefore, we are proposing 
to include those municipalities in the list of fruit-fly-free areas of 
Mexico in Sec.  319.56-2(h).

Medfly Area in Chile

    Under Sec.  319.56-2(j), all Districts in Belize, all Provinces in 
Chile, and the Department of Pet[eacute]n in Guatemala are recognized, 
in accordance with Sec.  319.56-2(e) and (f), as free of Medfly. 
However, because Medfly was detected in the Chilean Province of Arica, 
we are proposing to amend Sec.  319.56-2(j) to replace ``all Provinces 
of Chile'' with the words ``all Provinces of Chile except Arica.''

Cold Treatment Locations

    Currently, Sec.  319.56-2d(b)(1) lists the following ports where 
cold treatment may be conducted if it was not conducted in transit to 
the United States: Atlantic ports north of, and including, Baltimore, 
MD; ports on the Great Lakes and St. Lawrence Seaway; Canadian border 
ports on the North Dakota border and east of North Dakota; the maritime 
ports of Wilmington, NC, Seattle, WA, and Gulfport, MS; Seattle-Tacoma 
International Airport, Seattle, WA; Hartsfield-Atlanta International 
Airport, Atlanta, GA; and Baltimore-Washington International and Dulles 
International airports, Washington, DC. We propose to specify that cold 
treatment may also be applied at storage warehouses approved by the 
Administrator that are located in the area north of 39[deg] longitude 
and east of 104[deg] latitude and at specified maritime ports and 
airports that are located outside of that area (i.e., the maritime 
ports of Wilmington, NC, Seattle, WA, and Gulfport, MS; Seattle-Tacoma 
International Airport, Seattle, WA; Hartsfield-Atlanta International 
Airport, Atlanta, GA; and Washington Dulles International Airport, 
Chantilly, VA). This proposed change would eliminate the need to 
specifically list Atlantic ports north of, and including, Baltimore, 
MD; ports on the Great Lakes and St. Lawrence Seaway; Canadian border 
ports on the North Dakota border and east of North Dakota; and 
Baltimore-Washington International Airport, as these locations fall 
within the area north of 39[deg] longitude and east of 104[deg] 
latitude. This proposed change would allow cold treatment to be 
conducted at additional locations in the northeastern United States, 
while continuing to provide protection against quarantine pests. We 
also propose to replace the current reference to Dulles International 
Airport, Washington, DC, with a reference to Washington Dulles 
International Airport, Chantilly, VA.
    We also propose to amend Sec.  319.56-2d(b)(1) to indicate that 
cold treatment may occur in containers, as well as in compartments or 
rooms. The last sentence of that paragraph would read ``Refrigeration 
must be completed in the compartment, container, or room in which it 
was begun.''

Inspected and Subject to Disinfection

    We propose to amend Sec.  319.56-2t to add the following to the 
list of fruits and vegetables from certain countries or localities that 
are eligible for importation into the United States in accordance with 
Sec.  319.56-6 and all other applicable requirements of the 
regulations:

------------------------------------------------------------------------
      Country/locality              Commodity           Plant part(s)
------------------------------------------------------------------------
Belize......................  Rambutan............  Fruit.
Chile.......................  Pepper..............  Fruit.
Costa Rica..................  Rambutan............  Fruit.
El Salvador.................  Fennel..............  Leaf and stem.
                              German chamomile....  Flower and leaf.
                              Loroco..............  Flower, leaf, and
                                                     stem.
                              Oregano or sweet      Leaf and stem.
                               marjoram.
                              Parsley.............  Leaf and stem.
                              Rambutan............  Fruit.
                              Rosemary............  Leaf and stem.
                              Waterlily or lotus..  Roots without soil.
                              Yam-bean or Jicama    Roots without soil.
                               root.
Guatemala...................  Fennel..............  Leaf and stem.
                              German chamomile....  Flower and leaf.
                              Rambutan............  Fruit.
                              Waterlily or lotus..  Roots without soil.
Honduras....................  Basil...............  Leaf and stem.
                              German chamomile....  Flower and leaf.
                              Loroco..............  Flower and leaf.
                              Oregano or sweet      Leaf and stem.
                               marjoram.
                              Rambutan............  Fruit.
                              Waterlily or lotus..  Roots without soil.
                              Yam-bean or Jicama    Roots without soil.
                               root.
Mexico......................  Fig.................  Fruit.
                              Rambutan............  Fruit.
Nicaragua...................  Fennel..............  Leaf and stem.
                              German chamomile....  Flower and leaf.
                              Loroco..............  Leaf and stem.
                              Rambutan............  Fruit.
                              Waterlily or lotus..  Roots without soil.
                              Yam-bean or Jicama    Roots without soil.
                               root.
Panama......................  Rambutan............  Fruit.
------------------------------------------------------------------------


[[Page 61550]]

    We have determined that any quarantine pests that might be carried 
by any of the fruits and vegetables listed above would be readily 
detectable by a USDA inspector. Therefore, the provisions at Sec.  
319.56-6 for inspection and any disinfection at the U.S. port of first 
arrival appear adequate to prevent the introduction into the United 
States of quarantine pests by the importation of these fruits and 
vegetables.
    The pest risk assessments identified pests associated with these 
commodities and evaluated the consequences and likelihood of their 
introduction. However, for most of the commodities listed above, the 
pest risk assessments were limited to the continental United States. 
Therefore, we would require that shipments of those commodities be 
shipped in boxes labeled ``Not for distribution in HI, PR, VI, and 
Guam.'' The only commodities listed above to which those proposed 
shipping restrictions would not apply are pepper from Chile and loroco 
from El Salvador, Honduras, and Nicaragua.
    We are also proposing to amend the current entries in Sec.  319.56-
2t for rosemary and loroco from Guatemala to be consistent with the 
pest risk assessments prepared for those commodities. The entry for 
rosemary would be amended to change the enterable plant parts from 
``above ground parts'' to ``leaf and stem'' and to add the requirement 
for shipping in boxes labeled ``Not for distribution in HI, PR, VI, and 
Guam.'' The entry for loroco would be amended to change the enterable 
plant parts from ``above ground parts'' to ``flower and leaf.''
    The following commodities would also be required to be accompanied 
by a phytosanitary certificate issued by the national plant protection 
organization of the country of origin that contains specific additional 
declarations, i.e.:
    [sbull] Basil from Honduras (freedom from Planococcus minor);
    [sbull] Fig from Mexico (fruit originated in a fruit-fly-free area 
listed in Sec.  319.56-2(h));
    [sbull] Pepper from Chile (fruit originated in a fruit-fly-free 
area listed in Sec.  319.56-2(j)); and
    [sbull] Rambutan from Belize, Costa Rica, El Salvador, Guatemala, 
Honduras, Mexico, Nicaragua, or Panama (freedom from Coccus moestus, C. 
viridis, Dysmicoccus neobrevipes, Planococcus lilacinus, P. minor, 
Psedococcus landoi, and all damaged fruit was removed from the shipment 
prior to export under the supervision of the national plant protection 
organization).
    We believe these additional declarations would be necessary to give 
us assurance that the product was inspected and found free of specified 
pests or originated in a pest-free area and, in the case of rambutan 
from the countries named above, that the shipment is free from damaged 
fruit, which can be more susceptible to infestation by pests than 
intact fruit.

Treatment Required

    Section 319.56-2x currently lists fruits and vegetables that may be 
imported into the United States only if they have been treated in 
accordance with the Plant Protection and Quarantine (PPQ) Treatment 
Manual. We require treatment for these commodities because they may be 
infested with quarantine pests that cannot be detected by visual 
inspection. 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 certain countries or localities if they have been 
treated for quarantine pests in accordance with the PPQ Treatment 
Manual:

----------------------------------------------------------------------------------------------------------------
                                                                                          Treatment  (see table
         Country/locality           Commodity  (plant part)       Quarantine pests               below)
----------------------------------------------------------------------------------------------------------------
China............................  Longan (fruit)...........  Bactrocera dorsalis and   Cold treatment.
                                                               Bactrocera curcubitae.
Colombia.........................  Cape gooseberry (fruit)..  Ceratitis capitata......  Cold treatment.
Colombia.........................  Yellow pitaya (fruit)....  Ceratitis capitata and    Vapor heat treatment.
                                                               Anastrepha fraterculus.
Nicaragua........................  Yard-long-bean (pod).....  Cydia fabivora, Epinotia  Methyl bromide.
                                                               aporema, and Maruca
                                                               testulalis.
Spain............................  Persimmon (fruit)........  Ceratitis capitata......  Cold treatment.
----------------------------------------------------------------------------------------------------------------

    We would amend the PPQ Treatment Manual to show the treatments that 
would be required for the above commodities. Based on research that we 
have evaluated and approved (for cold treatment for Medfly, we also 
considered the results of a cold treatment evaluation and quantitative 
analysis and the findings of USDA technical experts), we have 
determined that the treatments described below are effective against 
the specified pests. (The research data and findings may be obtained 
from the person listed under FOR FURTHER INFORMATION CONTACT. The cold 
treatment evaluation and the quantitative analysis may be viewed on the 
Internet at http://www.aphis.usda.gov/oa/clementine/index.html.) 
Therefore, the following treatments would be added to the PPQ Treatment 
Manual and incorporated by reference into 7 CFR 300.1 for the specified 
commodity, country, and quarantine pest combination:

Treatments

    Cold treatment of cape gooseberries from Colombia and persimmons 
from Spain for Ceratitis capitata

------------------------------------------------------------------------
                                                               Exposure
                        Temperature                             period
                                                                (days)
------------------------------------------------------------------------
34 [deg]F (1.11 [deg]C) or below...........................           14
35 [deg]F (1.67 [deg]C) or below...........................           16
36 [deg]F (2.22 [deg]C) or below...........................           18
------------------------------------------------------------------------

    Cold treatment of longan from China for Bactrocera dorsalis and 
Bactrocera curcubitae

------------------------------------------------------------------------
                                                               Exposure
                        Temperature                             period
                                                                (days)
------------------------------------------------------------------------
33.8 [deg]F (1 [deg]C) or below............................           13
34.5 [deg]F (1.39 [deg]C) or below.........................           18
------------------------------------------------------------------------

    Vapor heat treatment of yellow pitaya from Colombia for Ceratitis 
capitata and Anastrepha fraterculus
    1. Raise temperature of the fruit using saturated water vapor at 
116.6 [deg]F until the approximate center of the fruit reaches 114.8 
[deg]F within a minimum time period of 4 hours.
    2. Hold fruit temperature at 114.8 [deg]F or above for 20 minutes.
    If post-treatment cooling is conducted, wait 30 minutes after the 
treatment to start the forced cooling process.
    Methyl bromide fumigation in 15'' vacuum chamber of yard-long-bean 
from Nicaragua for Cydia fabivora, Epinotia aporema, and Maruca 
testulalis

[[Page 61551]]



------------------------------------------------------------------------
                                              Dosage rate    Exposure
                 Temperature                    (lb/1,000  period  (in
                                                ft \3\)       hours)
-----------------------------------------------------------------------
90 [deg]F (32.22 [deg]C) or above...........          0.5          1.5
80-89 [deg]F (26.67-31.67 [deg]C)...........            1          1.5
70-79 [deg]F (21.11-26.11 [deg]C)...........          1.5          1.5
60-69 [deg]F (15.56-20.56 [deg]C)...........            2          1.5
50-59 [deg]F (10-15 [deg]C).................          2.5          1.5
40-49 [deg]F (4.44-9.44 [deg]C).............            3          1.5
------------------------------------------------------------------------

    or

    Methyl bromide at normal atmospheric pressure (NAP)-tarpaulin or 
chamber--of yard-long-bean from Nicaragua for Cydia fabivora, Epinotia 
aporema, and Maruca testulalis

------------------------------------------------------------------------
                                                            Minimum
                                                         concentration
                                         Dosage rate   readings (ounces)
              Temperature                  (lb/1,000          at:
                                           ft \3\)   -------------------
                                                                     2
                                                       0.5 hours   hours
------------------------------------------------------------------------
80 [deg]F or above.....................          1.5           19   14
70-79 [deg]F (1.11 [deg]C).............            2           26   19
60-69 [deg]F (1.67 [deg]C).............          2.5           32   24
50-59 [deg]F (2.22 [deg]C).............            3           38   29
------------------------------------------------------------------------

Okra From Haiti

    Under Sec.  319.56-2p, okra may currently be imported under certain 
conditions into the United States from Mexico, the West Indies, and 
certain countries in South America. West Indies is defined in Sec.  
319.56-2p(a)(3)(i) as the foreign islands lying between North and South 
America, the Caribbean Sea, and the Atlantic Ocean, divided into the 
Bahamas, the Greater Antilles, and the Lesser Antilles (including the 
Leeward Islands, the Windward Islands, and the islands north of 
Venezuela). Although we currently allow the importation of okra from 
Haiti under the regulations in Sec.  319.56-2p, the Haitian Government 
has requested that we make it clear that we consider Haiti as part of 
the West Indies. Therefore, we are proposing to amend Sec.  319.56-
2p(a)(3)(i) by adding the words ``(including Hispaniola)'' immediately 
after the words ``Greater Antilles.'' (Hispaniola includes Haiti and 
the Dominican Republic.)

Citrus From South Africa

    Under Sec.  319.56-2q, clementines, grapefruits, lemons, minneolas, 
navel oranges, satsumas, and valencia oranges may currently be imported 
into the United States from the Western Cape Province of South Africa 
if they are cold treated and accompanied by a phytosanitary certificate 
completed by the South African Ministry of Agriculture. The Western 
Cape Province is free of citrus black spot, and the required cold 
treatment addresses the risk presented by other pests of concern; i.e., 
the false codling moth and fruit flies of the genera Ceratitis and 
Pterandrus. The South African Government provided APHIS with data that 
demonstrate that the Hartswater magisterial district in the Northern 
Cape Province of South Africa is also free of citrus black spot. In 
addition, we have determined that the other pests of concern in the 
Western Cape Province--the false codling moth and fruit flies of the 
genera Ceratitis and Pterandrus--are also the only other pests of 
concern in the Hartswater magisterial district. Therefore, we propose 
to allow citrus that is grown in, packed in, and shipped from the 
Hartswater magisterial district in the Northern Cape Province of South 
Africa to be imported into the United States under the conditions 
prescribed in Sec.  319.56-2q. We would also correct the spelling of 
Ceratitis in paragraph (b) of that section.

Peppers From Israel

    Section 319.56-2u contains the current requirements that apply to 
the importation into the United States of lettuce and peppers from 
Israel. Under paragraph (b) of that section, peppers imported from 
Israel must, among other things, be packed in insect-proof containers 
prior to movement from approved screenhouses in the Arava Valley to 
safeguard them from quarantine pests and hitchhikers. Although this 
requirement ensures that the peppers are appropriately safeguarded 
before they leave the approved screenhouses in which they were grown, 
sorted, and packed, the regulations currently do not address the 
integrity of that packaging during the peppers' movement through Israel 
for export and during transit to the United States. Therefore, we are 
proposing to add a new paragraph (b)(8) to Sec.  319.56-2u to require 
that the insect-proof containers remain intact during transit and be 
intact upon arrival in the United States. While the regulations 
currently specify the use of insect-proof containers, we believe that 
standard containers (i.e., non-insect-proof boxes) could be used to 
package the peppers if those boxes were completely covered by insect-
proof mesh or a plastic tarpaulin and then placed inside a shipping 
container for transit to the United States. We are, therefore, 
proposing to amend the regulations to provide for the use of this 
option as an alternative to individual insect-proof containers. As an 
added precaution, however, we would require the shipping containers to 
be secured with a numbered seal applied by the Israeli Department of 
Plant Protection and Inspection (DPPI) if those containers will be 
moved through any fruit-fly-supporting areas during transit. The seal 
number would have to be recorded on the phytosanitary certificate that 
is discussed in the next paragraph. These proposed requirements would 
ensure that the peppers are protected from pests during all phases of 
their movement from the approved screenhouses.
    While the regulations in paragraph (a) of Sec.  319.56-2u currently 
require that lettuce from Israel be accompanied by a phytosanitary 
certificate issued by the Israeli Ministry of Agriculture, paragraph 
(b) of that section does not contain a similar phytosanitary 
certificate requirement for peppers. To

[[Page 61552]]

improve our ability to verify that peppers from Israel were grown in 
accordance with the conditions of Sec.  319.56-2u(b), we are proposing 
to add a new paragraph (b)(9) that would require that peppers from 
Israel be accompanied by a phytosanitary certificate issued by the 
Israeli Ministry of Agriculture that states that the peppers were 
grown, packed, and shipped in accordance with the requirements of Sec.  
319.56-2u(b).

Citrus From Australia

    Currently, the regulations in Sec.  319.56-2v list areas in 
Australia that APHIS has determined meet the criteria of the 
regulations for freedom from Medfly, the Queensland fruit fly (Dacus 
tryoni [Frogg]), and other fruit flies that attack citrus in Australia, 
and provide that certain citrus, including oranges, lemons, limes, 
mandarins (including satsumas, tangerines, and tangors), and grapefruit 
may be imported into the United States from those areas without 
treatment under certain conditions. The Government of Australia has 
submitted data from surveys showing that the following additional 
geographical subdivisions of the Riverland District of South Australia, 
called ``hundreds,'' meet the criteria of the regulations and ISPM No. 
4 for freedom from destructive fruit flies: Eba, Fisher, Forster, Hay, 
Murbko, Nildottie, Paisley, Ridley, Skurray, and the Parish of Onley in 
the Shire of Mildura, Victoria. Therefore, we propose to amend Sec.  
319.56-2v(a)(1) by adding these hundreds to the list of areas from 
which citrus may be imported into the United States without treatment 
for fruit flies.

Tomatoes From Spain

    The regulations in Sec.  319.56-2dd currently prescribe certain 
conditions under which pink or red tomatoes can be imported into the 
United States from certain locations in Spain. These provisions are 
designed to ensure that the tomatoes are free of Medfly. Currently, 
pink or red tomatoes grown in greenhouses that are registered and 
inspected by the Spanish Ministry of Agriculture, Fisheries, and Food 
(MAFF) may be imported from the Almeria Province of Spain under a 
systems approach that stipulates that:
    [sbull] The tomatoes may be shipped only from December 1 through 
April 30, inclusive;
    [sbull] Two months prior to shipping, and continuing through April 
30, MAFF must set and maintain Medfly traps baited with trimedlure 
inside the greenhouses at a rate of four traps per hectare. In all 
areas outside the greenhouses and within 8 kilometers, including urban 
and residential areas, MAFF must place Medfly traps at a rate of four 
traps per square kilometer. All traps must be checked once every 7 
days;
    [sbull] Capture of a single Medfly in a registered greenhouse will 
immediately result in cancellation of exports from that greenhouse 
until the source of infestation is determined, the Medfly infestation 
is eradicated, and measures are taken to preclude any future 
infestation. Capture of a single Medfly within 2 kilometers of a 
registered greenhouse will necessitate increasing trap density in order 
to determine whether there is a reproducing population in the area. 
Capture of two Medflies within 2 kilometers of a registered greenhouse 
and within a 1-month time period will result in cancellation of exports 
from all registered greenhouses within 2 kilometers of the find until 
the source of infestation is determined and the Medfly infestation is 
eradicated;
    [sbull] MAFF must maintain records of trap placement, checking of 
traps, and any Medfly captures, and must make the records available to 
APHIS upon request;
    [sbull] The tomatoes must be packed within 24 hours of harvest. 
They must be safeguarded by a fruit-fly-proof mesh screen or plastic 
tarpaulin while in transit to the packing house and while awaiting 
packing, and packed in fruit-fly-proof containers for transit to the 
airport and subsequent shipping to the United States. Transit through 
other fruit fly-supporting areas is prohibited unless the fruit-fly-
proof containers are sealed by MAFF before shipment and the official 
seal number is recorded on the phytosanitary certificate; and
    [sbull] MAFF is responsible for export certification inspection and 
issuance of phytosanitary certificates. Each shipment of tomatoes must 
be accompanied by a phytosanitary certificate issued by MAFF and 
bearing the declaration, ``These tomatoes were grown in registered 
greenhouses in Almeria Province in Spain.''
    The Government of Spain has provided APHIS with data that 
demonstrate that the Murcia Province and the municipalities of 
Albu[ntilde]ol and Carchuna in the Granada Province of Spain meet the 
criteria of the regulations and ISPM No. 4 for freedom from Medfly. In 
addition, the Government of Spain has stated that pink or red tomatoes 
from these areas would be produced, packed, and shipped in accordance 
with the systems approach described above. Therefore, we propose to 
amend Sec. Sec.  319.56-2t and 319.56-2dd(a)(1) and (a)(7) to allow the 
importation of pink or red tomatoes grown in greenhouses in the Murcia 
Province and the municipalities of Albu[ntilde]ol and Carchuna in the 
Province of Granada in Spain.

Packaging Requirements for Tomatoes From Spain, France, Morocco, and 
Chile

    Under Sec.  319.56-2dd, tomatoes from Spain, France, Morocco, and 
Chile must currently be shipped in fruit-fly-proof containers to 
safeguard the commodities from quarantine pests and hitchhikers. The 
regulations currently require that the tomatoes be safeguarded by 
fruit-fly-proof mesh screen or plastic tarpaulin while in transit to 
the packing house and while awaiting packing, and packed in fruit-fly-
proof containers for transit to the airport and subsequent shipping to 
the United States. We propose to add the requirement that the insect-
proof containers must be intact upon arrival in the United States to 
Sec.  319.56-2dd(a)(6) for Spain, (b)(5) for France, (c)(6) for 
Morocco, and (d)(2) for Chile. This requirement would enable us to 
verify that the imported tomatoes were packed in accordance with the 
regulations to prevent infestation by quarantine pests or hitchhikers. 
We would also make minor changes in these paragraphs, such as replacing 
references to ``fruit-fly proof'' with ``insect-proof.''

Tomatoes From Australia

    At the request of the Australian Government, we propose to amend 
Sec.  319.56-2dd to allow tomatoes from Australia to be imported into 
the United States. To prevent the introduction of Bactrocera aquilonis 
(Northern Territory fruit fly), B. cucumis (cucumber fly), B. jarvis 
(Jarvis's fruit fly), B. neohumeralis (lesser Queensland fruit fly), B. 
tryoni (Queensland fruit fly), Medfly, Chrysodeixis argentifera 
(tobacco looper), C. erisoma (green garden looper), Helicoverpa 
armigera (corn earworm, cotton bollworm, tobacco budworm, or tomato 
grub), H. punctigera (Australian budworm), Lamprolonchaea brouniana 
(metallic-green tomato fly), Sceliodes cordalis (eggfruit caterpillar), 
and Spodoptera litura (cluster caterpillar), we would allow the 
importation of tomatoes from Australia under certain conditions that 
are similar to the conditions under which pink or red tomatoes from 
other countries, such as Spain, may be imported into the United States. 
These proposed conditions include the trapping and other fruit-fly-
specific measures that are included in the conditions under which pink 
or red tomatoes may be imported from other countries. In addition, the 
risk

[[Page 61553]]

presented by the non-fruit fly pests of concern (e.g., the loopers, 
worms, and caterpillars identified above) would be mitigated by the 
requirement that the tomatoes be grown in a greenhouse. The Australian 
Quarantine Inspection Service (AQIS) would inspect the greenhouse to 
ensure its freedom from all pests of concern, and the greenhouse itself 
would serve as a barrier to the entry of those pests. Therefore, we 
believe that the following requirements would be adequate to prevent 
the introduction of quarantine pests into the United States with 
tomatoes imported from Australia:
    [sbull] The tomatoes must be grown in greenhouses registered with 
and inspected by AQIS;
    [sbull] Two months prior to shipping, AQIS must inspect the 
greenhouses to establish their freedom from all pests of concern and 
set and maintain fruit fly traps inside the greenhouses and around the 
perimeter of the greenhouses. Inside the greenhouses, the traps must be 
McPhail traps, and they must be set at the rate of six per hectare. In 
all areas outside the greenhouse and within 8 kilometers of the 
greenhouse, fruit fly traps must be placed at the rate of at least four 
per square kilometer. All traps must be checked at least every 7 days;
    [sbull] Within a registered greenhouse, capture of a single fruit 
fly or other quarantine pest will result in immediate cancellation of 
exports from that greenhouse until the source of the infestation is 
determined, the infestation has been eradicated, and measures are taken 
to preclude any future infestation;
    [sbull] Outside of a registered greenhouse, if one fruit fly of any 
type is found within 2 kilometers, trap density and frequency of trap 
inspection must be increased to detect a reproducing colony. Capture of 
two Medflies or three of the same species of Bactrocera within 1 month 
will result in the cancellation of exports from all registered 
greenhouses within 2 kilometers of the find until the source of the 
infestation is determined and the fruit fly infestation is eradicated;
    [sbull] AQIS must maintain records of trap placement, checking of 
traps, and any fruit fly captures, and must make the records available 
to APHIS upon request; and
    [sbull] The tomatoes must be packed within 24 hours of harvest. 
They must be safeguarded by an insect-proof mesh screen or plastic 
tarpaulin while in transit to the packing house or while awaiting 
packing. They must be placed in insect-proof cartons or securely 
covered with insect-proof mesh or plastic tarpaulin for transport to 
the airport or other shipping point. These safeguards must be intact 
upon arrival in the United States. Transit through other fruit-fly-
supporting areas is prohibited unless the shipping container is sealed 
by AQIS prior to shipping and the official seal number is recorded on 
the phytosanitary certificate.
    To verify that these requirements are being met, we would require 
tomatoes from Australia to be accompanied by a phytosanitary 
certificate issued by AQIS stating that the tomatoes were grown, 
packed, and shipped in accordance with the requirements described 
above.

Peppers From Spain

    Section 319.56-2gg currently allows the importation of peppers from 
the Almeria Province of Spain under certain conditions to prevent the 
introduction of Medfly into the United States. Data provided by the 
Spanish Government show that the Alicante Province of Spain meets the 
criteria of the regulations and ISPM No. 4 for freedom from Medfly. We 
believe that the following conditions, which are the same as those 
contained in the current regulations for peppers from Almeria Province, 
would be adequate to prevent the introduction of Medfly into the United 
States with peppers imported from the Alicante Province of Spain:
    [sbull] The peppers may be shipped only from December 1 through 
April 30, inclusive;
    [sbull] Beginning October 1, and continuing through April 30, the 
Ministry of Agriculture, Fisheries, and Food (MAFF) must set and 
maintain Medfly traps baited with trimedlure inside the greenhouses at 
a rate of four traps per hectare. In all outside areas, including urban 
and residential areas, within 8 kilometers of the greenhouses, MAFF 
must set and maintain Medfly traps baited with trimedlure at a rate of 
four traps per square kilometer. All traps must be checked every 7 
days;
    [sbull] Capture of a single Medfly in a registered greenhouse will 
immediately halt exports from that greenhouse until the Deputy 
Administrator of Plant Protection and Quarantine, APHIS, determines 
that the source of infestation has been identified, that all Medflies 
have been eradicated, and that measures have been taken to preclude any 
future infestation. Capture of a single Medfly within 2 kilometers of a 
registered greenhouse will necessitate increased trap density in order 
to determine whether there is a reproducing population in the area. 
Capture of two Medflies within 2 kilometers of a registered greenhouse 
during a 1-month period will halt exports from all registered 
greenhouses within 2 kilometers of the capture until the source of 
infestation is determined and all Medflies are eradicated;
    [sbull] The peppers must be safeguarded against fruit fly 
infestation from harvest to export. Such safeguarding includes covering 
newly harvested peppers with fruit-fly-proof mesh screen or plastic 
tarpaulin while in transit to the packing house and while awaiting 
packing, and packing the peppers in fruit-fly-proof cartons, or cartons 
covered with fruit-fly-proof mesh or plastic tarpaulin, and placing 
those cartons in enclosed shipping containers for transit to the 
airport and subsequent shipment to the United States;
    [sbull] The peppers must be packed for shipment within 24 hours of 
harvest;
    [sbull] During shipment, the peppers may not transit other fruit-
fly-supporting areas unless shipping containers are sealed by MAFF with 
an official seal whose number is noted on the phytosanitary 
certificate; and
    [sbull] A phytosanitary certificate issued by MAFF and bearing the 
declaration, ``These peppers were grown in registered greenhouses in 
the Alicante or Almeria Province in Spain,'' must accompany the 
shipment.
    Therefore, we propose to amend Sec.  319.56-2gg(a) by adding the 
Alicante Province of Spain to the areas of Spain from which peppers may 
be imported into the United States.
    Paragraph (e) of Sec.  319.56-2gg currently requires that the 
peppers be safeguarded by fruit-fly-proof mesh screen or plastic 
tarpaulin while in transit to the packing house and while awaiting 
packing, and packed in fruit-fly-proof containers for transit to the 
airport and subsequent shipping to the United States. We propose to add 
to Sec.  319.56-2gg(e) the requirement that the fruit-fly-proof 
containers must be intact upon arrival in the United States. This 
requirement will enable us to verify that the imported peppers were 
packed in accordance with the regulations to prevent infestation by 
quarantine pests or hitchhikers. We would also make minor changes in 
this paragraph, such as replacing references to ``fruit-fly proof'' 
with ``insect-proof,'' to improve clarity.

Persimmons From the Republic of Korea

    We propose to allow persimmons to be imported into the United 
States from the Republic of Korea under certain conditions, which would 
be set forth in a new Sec.  319.56-2kk. Persimmons can be the host of 
several quarantine pests that can be detected upon inspection, 
including Conogethes punctiferalis (yellow peach moth), Planococcus

[[Page 61554]]

kraunhiae (Japanese wisteria cottony mealybug), Stathmopoda masinissa 
(persimmon fruit moth), and Tenuipalpus zhizhilashiviliae (persimmon 
false spider mite). Data from the Republic of Korea indicate that the 
orchards meet the criteria of the regulations and ISPM No. 4 for 
freedom from these pests. If any of these pests are detected in an 
orchard, exports from that orchard would be canceled until the source 
of infestation is determined and the infestation is eradicated. We 
would require that the orchard where persimmons are grown be inspected 
for quarantine pests by the Korean national plant quarantine service 
(NPQS) at least once during the growing season and before harvest. We 
would also require that after harvest, the Korean NPQS inspect the 
persimmons for quarantine pests before the persimmons are packed for 
shipment to the United States. In order for us to verify that the 
persimmons are free of quarantine pests, we would require the 
persimmons to be accompanied by a phytosanitary certificate issued by 
the Korean NPQS stating that the fruit has been inspected and is free 
of quarantine pests. We would require shipping boxes to be labeled 
``Not for distribution in HI, PR, VI, and Guam.''
    We believe that the proposed inspection, phytosanitary certificate, 
and labeling requirements described above would be adequate to prevent 
the introduction of quarantine pests into the United States with 
persimmons imported from the Republic of Korea.

Permits

    Currently, Sec.  319.56-3, ``Applications for permits for 
importation of fruits and vegetables,'' and Sec.  319.56-4, ``Issuance 
of permits,'' explain the permit procedures for importing fruits and 
vegetables. We are proposing to combine and revise these sections to 
clarify and update our permit procedures. These provisions would be 
placed in a new Sec.  319.56-3 ``Applications for permits for 
importation of fruits and vegetables; issuance of permits.''
    The current regulations provide the option that applications may be 
made by telegraph. To update the regulations, we would provide the 
public an option to apply for and obtain permits electronically. We 
would issue electronic permits if the importer applied electronically, 
and written permits if the importer applied in writing. We would also 
add a provision that oral permits may be issued in cases where no other 
importations are considered and the commodity is admissible with only 
inspection. We would clarify the permit application and issuance 
process, explaining that permits can be either general or specific. 
General permits are provided for specified items in Sec.  319.56-2(b), 
(c), and (d), and specific permits are required for all other fruits 
and vegetables that are enterable under the regulations.
    We propose to add a new section Sec.  319.56-4, ``Amendment, 
denial, or withdrawal of permits.'' Section 319.56-4 would provide that 
the Administrator may amend, deny, or withdraw a permit at any time if 
he or she has determined that it was necessary to do so due to the risk 
of introducing quarantine pests into the United States. This change 
would provide APHIS with additional flexibility to prevent the 
introduction of quarantine pests into the United States. In addition, 
this section would also provide procedures for appealing or requesting 
hearings concerning the amendment, denial, or withdrawal of permits. 
This section would be similar to the provisions in Sec.  319.8-3 for 
foreign cotton and covers and Sec.  319.40-4 for logs, lumber, and 
other unmanufactured wood.

Inspection and Other Requirements at the Port of First Arrival

    Section 319.56-6 of the current regulations contains requirements 
for the inspection and disinfection of imported fruits and vegetables 
at the port of first arrival. This section provides, among other 
things, that all imported fruits and vegetables, as a condition of 
entry, must be subject to inspection, disinfection, or both, at the 
port of first arrival, as may be required by an inspector. Paragraph 
(b), ``Assembly for inspection,'' currently reads, ``The owner or agent 
of the owner shall assemble imported fruits and vegetables for 
inspection at the port of first arrival, or at any other place 
prescribed by an inspector, at a place and time and in a manner 
designated by an inspector.'' This requirement is necessary so that an 
inspector can examine the fruits and vegetables to determine if they 
are free of pests and otherwise eligible for entry or if they require 
treatment as a condition of entry.
    To improve compliance with and enforcement of the regulations, we 
propose to amend paragraph (b) to specify that imported fruits and 
vegetables must be fully disclosed at the port of first arrival. The 
owner or agent would have to disclose the type, quantity, and country 
of origin of all fruits and vegetables contained in a shipment on an 
invoice or similar document and provide that document to an inspector 
prior to moving the fruit or vegetable from the port. We would also 
make nonsubstantive amendments to the paragraph to improve readability.
    Currently, paragraph (d) of Sec.  319.56-6, ``Release for 
movement,'' provides that imported fruits and vegetables may not be 
moved from the port of first arrival until an inspector has released 
them, has determined that they need to be reinspected, cleaned, or 
treated at the port of first arrival or at another place, or has 
determined that they must be exported from the United States. We 
propose to amend the paragraph to make it clear that a fruit or 
vegetable may not be moved from the port of arrival until an inspector 
has authorized its movement. We also propose to specify additional 
alternatives under which an inspector may authorize the movement of a 
fruit or vegetable (i.e., after an inspector has waived inspection of a 
fruit or vegetable or determined that it needs to be destroyed at 
another location). The amended paragraph would provide that a fruit or 
vegetable may only be moved from a port of arrival after an inspector 
has:
    [sbull] Inspected the fruit or vegetable and released it;
    [sbull] Ordered treatment at the port of first arrival and, after 
treatment, released it;
    [sbull] Authorized movement to another location for treatment, 
further inspection, or destruction;
    [sbull] Ordered the fruit or vegetable to be re-exported; or
    [sbull] Waived the inspection.
    We believe these changes would improve compliance with and 
enforcement of the regulations.

Miscellaneous Changes

    The treatment schedule for fumigating apples and pears from 
Australia and New Zealand with methyl bromide in Sec.  319.56-2j(a)(2) 
incorrectly lists the exposure period to methyl bromide as 2\1/2\ 
hours. The correct 2-hour exposure period is contained in the PPQ 
Treatment Manual, which is incorporated by reference in Sec.  300.1. 
Given that the treatment schedule is in the PPQ Treatment Manual, we 
propose to remove the treatment schedule from Sec.  319.56-2j(a)(2) and 
refer to the PPQ Treatment Manual. This would eliminate duplication of 
the treatment procedures and eliminate the error contained in Sec.  
319.56-2j(a)(2). We would replace references to the treatment in Sec.  
319.56-2j(a)(2) with references to the PPQ Treatment Manual and make 
other nonsubstantive changes in Sec.  319.56-2j.

[[Page 61555]]

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 below, regarding the 
economic effects of this proposed rule on small entities. Based on the 
information we have, there is no reason 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 Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to regulate the importation of plants, 
plant products, and other articles to prevent the introduction of plant 
pests into the United States or the dissemination of plant pests within 
the United States.
    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 USDA 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 spread of quarantine 
pests.
    We are also proposing to recognize areas in several countries as 
free from certain fruit flies; remove the Province of Arica in Chile as 
an area free from Medfly; amend the packing requirements for certain 
commodities; expand locations in the northeastern United States where 
cold treatment can be conducted; update and clarify restrictions on 
entry of fruits and vegetables; update and clarify permit procedures 
including amendment, denial, or withdrawal of permits; require full 
disclosure of fruits and vegetables at the port of first arrival and 
clarify the conditions under which they are released for movement; and 
make other miscellaneous changes.

Availability of Data

    For some of the commodities proposed for importation into the 
United States in this document, data on the levels of production are 
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. 
In fact, many of the fruits and vegetables that could be eligible for 
importation are produced mainly in a noncommercial setting. Generally, 
statistical data are less available for commodities produced in small 
quantities when compared to a country's more widely or commercially 
produced commodities. The uncertainty surrounding the cost and 
availability of transportation and the demand for the commodity in the 
United States increases the difficulty in obtaining estimates of the 
potential volume of commodities exported from foreign countries to 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 are 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 
discussed below are small. Potential economic effects that could occur 
if this proposal is adopted are discussed below by commodity and 
country of origin.

Citrus From Australia

    The regulations contain provisions for the importation of citrus 
from certain areas in Australia. In this document, we are proposing to 
add new areas in Australia from which citrus may be imported into the 
United States. In 2001, the United States produced almost 15 million 
metric tons of citrus, exported 28,012 metric tons, and imported 98,065 
metric tons. Australia produced 604,000 metric tons of citrus, which is 
4 percent of the total U.S. production, and imported 512 metric tons in 
2001. While the volume of Australian citrus exports is unknown, the 
value of citrus exports is $37,000, as compared to the U.S. export 
value of citrus in 2001 of over $16.5 million. Because the U.S. 
production of citrus is supplemented with citrus imports in order to 
satisfy the domestic demand, we do not believe that allowing the 
importation of citrus from additional areas in Australia would have a 
significant effect on either U.S. consumers or producers. In addition, 
we believe that U.S. consumers of citrus would benefit from the 
increase in its supply and availability.

Tomatoes From Australia

    In 2000, the United States produced over 11 million metric tons of 
tomatoes, exported 208,564 metric tons, and imported 730,063 metric 
tons. Australia produced 413,617 metric tons of tomatoes, which is less 
than the U.S. total imports, and exported 3,807 metric tons in 2000. 
Because the U.S. production of tomatoes is supplemented with tomato 
imports in order to satisfy the domestic demand, we do not believe that 
allowing the importation of tomatoes from Australia would have a 
significant effect on either U.S. consumers or producers.

Peppers From Chile

    From 1997 to 2000, the United States production of peppers 
(Capsicum annuum) increased 30 percent, from 678,000 metric tons to 
885,000 metric tons. However, the U.S. demand for imports of peppers 
increased by 70 percent during the same time period. Although no trade 
data on peppers from Chile are available, we do not believe that 
peppers imported from Chile would have a significant impact on U.S. 
producers or other small entities.

Fennel From El Salvador

    While no data are available on the production of fennel in the 
United States or in El Salvador, in 2000, the United States imported 
fennel seeds valued at a total of $3,762,000 and exported fennel seed 
valued at a total of $80,000, indicating a demand for fennel in the 
United States. Therefore, we believe that fennel imported into the 
United States from El Salvador would not have a significant impact on 
U.S. producers of fennel or on other small entities. We also believe 
that U.S. consumers of fennel seed would benefit from the increase in 
supply and availability.

Rambutan From Guatemala

    There are no data available regarding production of rambutan by the 
United States. In Guatemala, only one 280,000 square-meter farm 
commercially produces rambutan. Recent production data for rambutan in 
Guatemala indicate about 117 metric tons are produced per year. We 
believe any exports to the

[[Page 61556]]

United States would be minimal and would not have any significant 
economic effect on U.S. producers, whether small or large, or 
consumers.

Figs From Mexico

    According to the Food and Agriculture Organization of the United 
Nations, from 1997 to 2000, the United States produced an average of 
47,000 metric tons of fresh figs per year. The U.S. production of fresh 
figs remained stable for those 4 years, but U.S. imports of fresh figs 
increased from 221 metric tons in 1997 to 427 metric tons in 2000, 
indicating an increase in the demand for fresh figs in the United 
States. From 1997 to 2000, Mexico produced an average of 3,000 metric 
tons of fresh figs per year. If this proposed rule is adopted and 
importation of figs from Mexico commences, we do not expect a 
significant economic effect on U.S. producers, whether small or large, 
or consumers, because the U.S. demand for figs appears to be exceeding 
the U.S. production of fresh figs.

Citrus From South Africa

    The regulations contain provisions for the importation of citrus 
from the Western Cape Province of South Africa. In this document, we 
are proposing to add the Hartswater magisterial district in the 
Northern Cape Province of South Africa to the areas from which citrus 
can be imported into the United States. In 2001, the United States 
produced almost 15 million metric tons of citrus, exported 28,012 
metric tons, and imported 98,065 metric tons. South Africa produced 
1,420,614 metric tons of citrus, which is 9 percent of the total U.S. 
production, with no imports or exports in 2001. Because the U.S. 
production of citrus is supplemented with citrus imports in order to 
satisfy the domestic demand, we do not believe that expanding the areas 
from which the United States may import citrus from South Africa would 
have a significant effect on either U.S. consumers or producers. In 
addition, we believe that U.S. consumers of citrus would benefit from 
the increase in its supply and availability.

Peppers From Spain

    From 1997 to 2000, the United States production of peppers 
(Capsicum annuum) increased 30 percent, from 678,000 metric tons to 
885,000 metric tons. However, the U.S. demand for imports of peppers 
increased by 70 percent during the same time period. In 2000, the 
United States produced 885,630 metric tons of peppers and exported 
71,478 metric tons. Of the 346,654 metric tons of peppers that the 
United States imported in 2000, 2,269 metric tons, or less than 1 
percent, were imported from the Almeria Province of Spain. If this 
proposed rule is adopted, then the United States could accept imports 
of peppers from the additional province of Alicante in Spain. 
Considering that the U.S. production of peppers is supplemented with 
imports of peppers in order to satisfy the domestic demand, we do not 
believe that allowing the importation of tomatoes from an additional 
province in Spain would have a significant effect on either U.S. 
consumers or producers.

Tomatoes From Spain

    In 2000, the United States produced over 11 million metric tons of 
tomatoes, exported 208,564 metric tons, and imported 730,063 metric 
tons. Of the tomatoes imported into the United States, 5,650 metric 
tons, or less than 1 percent, were imported from Spain. Considering 
that the U.S. production of tomatoes is supplemented with imports of 
tomatoes in order to satisfy the domestic demand, we do not believe 
that allowing the importation of pink or red tomatoes from the 
municipalities of Albu[ntilde]ol and Carchuna in the Granada Province 
in Spain would have a significant effect on either U.S. consumers or 
producers.

Request for Data

    Due to the unavailability of data, we are unable to determine the 
effect this proposed rule would have on U.S. producers or consumers of 
several commodities. Therefore, we are requesting the public to provide 
APHIS with any available data regarding the production of the following 
commodities in the United States and in the following countries:
    [sbull] Rambutan from Belize.
    [sbull] Longan from China.
    [sbull] Cape gooseberries and yellow pitaya from Colombia.
    [sbull] Rambutan from Costa Rica.
    [sbull] German chamomile, loroco, oregano or sweet marjoram, 
parsley, rambutan, rosemary, waterlily or lotus, and yam-bean or Jicama 
root from El Salvador.
    [sbull] Waterlily or lotus, fennel, and German chamomile from 
Guatemala.
    [sbull] Rambutan, German chamomile, loroco, waterlily or lotus, 
yam-bean, basil, and oregano from Honduras.
    [sbull] Rambutan from Mexico.
    [sbull] Rambutan, German chamomile, loroco, waterlily or lotus, 
fennel, and yard-long bean from Nicaragua.
    [sbull] Rambutan from Panama.
    [sbull] Persimmons from Spain.

Persimmons From the Republic of Korea

    In the United States, persimmons are a specialty crop produced on a 
small scale mainly in California and Texas; thus, no data on the U.S. 
production of persimmons are available. Therefore, we are unable to 
determine the effect this proposed rule would have on U.S. producers or 
consumers of persimmons. We are requesting the public to provide APHIS 
with any available data regarding production of persimmons in the 
United States. In 2000, Korea produced 288,000 metric tons of 
persimmons, imported 2 metric tons, and exported 4,258 metric tons.

Yam-bean From Nicaragua

    There are no data available regarding production of yam-bean or 
Jicama root in the United States. While the production of yam-bean or 
Jicama root in Nicaragua has remained stable for the past 3 years at 
approximately 133,000 metric tons per year, we are unable to determine 
the effect any potential imports of yam-bean would have on U.S. 
producers or consumers. We are requesting the public to provide APHIS 
with any available data regarding production of yam-bean in the United 
States.
    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 under this rule 
would be preempted while the fruits and vegetables are in foreign 
commerce. Fresh fruits and vegetables are generally imported for 
immediate distribution and sale to the consuming public and 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

[[Page 61557]]

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. 02-026-1. Please send a copy of your 
comments to: (1) Docket No. 02-026-1, Regulatory Analysis and 
Development, PPD, APHIS, Station 3C71, 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 the 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 0.1248 hours per response.
    Respondents: U.S. importers of fruits and vegetables; plant health 
officials of exporting countries.
    Estimated annual number of respondents: 626.
    Estimated annual number of responses per respondent: 2.7635.
    Estimated annual number of responses: 1,730.
    Estimated total annual burden on respondents: 216 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

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, Logs, 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 continue 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) would be amended as follows:
    a. In paragraph (a)(3), by removing the word ``and.''
    b. In paragraph (a)(4), by removing the period and adding the word 
``; and'' in its place.
    c. By adding a new paragraph (a)(5) to read as follows:


Sec.  300.1  Plant Protection and Quarantine Treatment Manual.

    (a) * * *
    (5) Treatments T101-k-2, T101-k-2-1, T106-e, T107-a, and T107-j 
dated ----------------.
* * * * *
    3. A new Sec.  300.5 would be added to read as follows:


Sec.  300.5  International Standards for Phytosanitary Measures.

    (a) The International Standards for Phytosanitary Measures No. 4, 
``Requirements for the establishment of pest free areas,'' which was 
published February 1996 by the International Plant Protection 
Convention of the United Nations' Food and Agriculture Organization 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.
    (b) Availability. Copies of International Standards for 
Phytosanitary Measures No. 4:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, 
MD 20737-1236; or
    (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/standards/.

PART 319--FOREIGN QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 450, 7711-7714, 7718, 7731, 7732, 7751-7754, 
and 7760; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.56  [Amended]

    5. In Sec.  319.56, paragraph(a)(2), the words ``injurious insects, 
including fruit and melon flies (Tephritidae)'' would be removed and 
the words ``quarantine pests'' would be added in their place.
    6. Section 319.56-1 would be amended by adding, in alphabetical 
order, new definitions for general permit, permit, quarantine pest, and 
specific permit to read as follows:


Sec.  319.56-1  Definitions.

* * * * *
    General permit. An authorization contained in Sec.  319.56-2(b), 
(c), or (d) for any person to import the articles named by the general 
permit, in accordance with the requirements specified by the general 
permit, without being issued a specific permit.
* * * * *
    Permit. A written or oral authorization, including by electronic 
methods, to import fruits or vegetables in accordance with the 
regulations in this subpart.
* * * * *
    Quarantine pest. A pest of potential economic importance to the 
area endangered by it and not yet present there, or present but not 
widely distributed there and being officially controlled.

[[Page 61558]]

    Specific permit. An authorization issued by APHIS to a person to 
import a particular fruit or vegetable from a specified country in 
accordance with the requirements of this subpart and any additional 
conditions that may be assigned.
    7. Section 319.56-2 would be amended as follows:
    a. In paragraph (e), by revising the introductory text to read as 
set forth below.
    b. In paragraph (e)(1), by removing the words ``injurious insects, 
including fruit and melon flies (Tephritidae)'' and adding the words 
``quarantine pests'' in their place.
    c. In paragraph (e)(2), by removing the words ``injurious insects 
that attack it'' and adding the words ``quarantine pests'' in their 
place.
    d. In paragraph (e)(3), by removing the words ``, its importation 
can be authorized without risk, ``; and by removing the words 
``injurious insects'' and adding the words ``quarantine pests'' in 
their place.
    e. In paragraph (e)(4), by removing the words ``, its importation 
can be authorized without risk,''; by removing the words ``certain 
injurious insects'', ``injurious insects'', and ``certain insects'' and 
adding the words ``quarantine pests'' in their place.
    f. By revising paragraphs (f) and (h) to read as set forth below.
    g. In paragraph (j), by adding the words ``except Arica'' 
immediately after the words ``all Provinces in Chile''.


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

* * * * *
    (e) Any other fruit or vegetable, except those restricted to 
certain countries and districts by special quarantine,\1\ other orders, 
or provisions of the regulations in this subpart \2\ now in force, and 
by any restrictive order or regulation as may hereafter be promulgated, 
may be imported from any country under a permit issued in accordance 
with this subpart and upon compliance with the regulations in this 
subpart, at the ports authorized in the permit, if the U.S. Department 
of Agriculture, after reviewing evidence presented to it, is satisfied 
that the fruit or vegetable either:
---------------------------------------------------------------------------

    \1\ The importation of citrus fruits into the United States from 
eastern and southeastern Asia and certain other areas is restricted 
by the Citrus Fruit Quarantine, Sec.  319.28.
    \2\ Fruits and vegetables from designated countries or 
localities that are subject to specific import requirements 
prescribed elsewhere in this subpart are not subject to the 
regulations in this section unless specified otherwise. Such fruits 
and vegetables are, however, subject to all other general 
requirements contained in other sections of this subpart.
---------------------------------------------------------------------------

* * * * *
    (f) Before the Administrator may authorize importation of a fruit 
or vegetable under Sec.  319.56-2(e)(3) or (4), he or she must 
determine that the fruit or vegetable is being imported from an area 
that meets the requirements of International Standard for Phytosanitary 
Measures No. 4, ``Requirements for the establishment of pest free 
areas.'' The international standard was established by the 
International Plant Protection Convention of the United Nations' Food 
and Agriculture Organization and is incorporated by reference in Sec.  
300.5 of this chapter. ISPM No. 4 is available by writing to USDA, 
APHIS, PPQ, Phytosanitary Issues Management, 4700 River Road Unit 140, 
Riverdale, MD 20737-1236, or on the Internet at: http://www.aphis.usda.gov/ppq/pim/standards/.
* * * * *
    (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: Comondu, La Paz, Loreto, 
Los Cabos, and Muleg[eacute] 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; the 
municipalities of Ahome, Choix, El Fuerte, Guasave, and Sinaloa de 
Leyva in the State of Sinaloa; 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.
* * * * *
    8. In Sec.  319.56-2d, paragraph (b)(1) would be revised to read as 
follows:


Sec.  319.56-2d  Administrative instructions for cold treatments of 
certain imported fruits.

* * * * *
    (b) * * *
    (1) Places of precooling and refrigeration. Refrigeration may be 
conducted while the fruit is on shipboard in transit to the United 
States. If not so refrigerated, the fruit must be both precooled and 
refrigerated after arrival only in cold storage warehouses approved by 
the Administrator and located in the area north of 39[deg] longitude 
and east of 104[deg] latitude or at one of the following ports: The 
maritime ports of Wilmington, NC, Seattle, WA, and Gulfport, MS; 
Seattle-Tacoma International Airport, Seattle, WA; Hartsfield-Atlanta 
International Airport, Atlanta, GA; and Washington Dulles International 
Airport, Chantilly, VA. Fruit that is to be refrigerated in transit 
must be precooled either at a dockside refrigeration plant prior to 
loading aboard the carrying vessel, or aboard the carrying vessel. 
Refrigeration must be completed in the container, compartment, or room 
in which it is begun.
* * * * *
    9. Section Sec.  319-56-2j would be amended as follows:
    a. By revising paragraph (a)(2) to read as set forth below.
    b. In paragraph (a)(4), by removing the words ``this section'' and 
``paragraph (a)(2) of this section'' and adding the words ``the PPQ 
Treatment Manual'' in their place; by adding the words ``or she'' 
immediately after the word ``he''; and by removing the word ``insect'' 
and adding the word ``quarantine'' in its place.
    c. In paragraph (a)(5), by adding the words ``or her'' immediately 
after the word ``his''.
    d. In paragraph (a)(6), by removing the words ``paragraph (a)(2) of 
this section'' and adding the words ``the PPQ Treatment Manual'' in 
their place.


Sec.  319.56-2j  Conditions governing the entry of apples and pears 
from Australia (including Tasmania) and New Zealand.\3\
---------------------------------------------------------------------------

    \3\ Apples and pears from Australia (excluding Tasmania) where 
certain tropical fruit flies occur are also subject to the cold 
treatment requirements of Sec.  319.56-2d.
---------------------------------------------------------------------------

    (a) * * *
    (2) Approved fumigation. Fumigation with methyl bromide must be in 
accordance with the PPQ Treatment Manual, which is incorporated by 
reference in Sec.  300.1 of this chapter.
* * * * *


Sec.  319.56-2p  [Amended]

    10. Section 319.56-2p would be amended as follows:
    a. In paragraph (a)(3)(i), by adding the words ``(including 
Hispaniola)'' immediately after the words ``the Greater Antilles''.
    b. In paragraph (f), by removing the words ``injurious insects'' 
and adding the words ``quarantine pests'' in their place.

[[Page 61559]]

Sec.  319.56-2q  [Amended]

    11. Section 319.56-2q would be amended as follows:
    a. In the introductory text and paragraph (a), by adding the words 
``the Hartswater magisterial district in the Northern Cape Province 
or'' immediately before the words ``the Western Cape Province''.
    b. In paragraph (b), by removing the words ``genus Ceritatis'' and 
adding the words ``genera Ceratitis'' in their place.
    12. In Sec.  319.56-2t, the table would be amended as follows:
    a. By adding entries, in alphabetical order, under Belize, for 
rambutan; under Chile, for pepper; under Costa Rica, for rambutan; 
under El Salvador, for fennel, German chamomile, loroco, oregano or 
sweet marjoram, parsley, rambutan, rosemary, waterlily or lotus, and 
yam-bean or Jicama root; under Guatemala, for fennel, German chamomile, 
rambutan, and waterlily or lotus; under Honduras, for basil, German 
chamomile, loroco, oregano or sweet marjoram, rambutan, waterlily or 
lotus, and yam-bean or Jicama root; under Mexico, for fig and rambutan; 
under Nicaragua, for fennel, German chamomile, loroco, rambutan, 
waterlily or lotus, yam-bean or Jicama root; and under Panama, for 
rambutan to read as set forth below.
    b. Under Guatemala, by placing the entry for ``Jicama'' in 
alphabetical order.
    c. By revising, under Guatemala, the entries for loroco and 
rosemary, and, under Spain, the entry for tomatoes, to read as set 
forth below.


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

* * * * *

----------------------------------------------------------------------------------------------------------------
         Country/locality               Common name         Botanical name               Plant part(s)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Belize
 
                                                  * * * * * * *
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the Belizean department of
                                                                               agriculture stating that (1) the
                                                                               fruit is free from Coccus
                                                                               moestus, C. viridis, Dysmicoccus
                                                                               neobrevipes, Planococcus
                                                                               lilacinus, P. minor, and
                                                                               Psedococcus landoi; and (2) all
                                                                               damaged fruit was removed from
                                                                               the shipment prior to export
                                                                               under the supervision of the
                                                                               Belizean department of
                                                                               agriculture. Shipping boxes must
                                                                               be labeled ``Not for distribution
                                                                               in HI, PR, VI, and Guam.'').
 
                                                  * * * * * * *
Chile
 
                                                  * * * * * * *
                                   Pepper..............  Capsicum annuum....  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the Chilean department of
                                                                               agriculture stating that the
                                                                               fruit originated in a fruit- fly-
                                                                               free area-see Sec.   319.56-
                                                                               2(j).)
 
                                                  * * * * * * *
Costa Rica
 
                                                  * * * * * * *
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the Costa Rican department of
                                                                               agriculture stating that (1) the
                                                                               fruit is free from Coccus
                                                                               moestus, C. viridis, Dysmicoccus
                                                                               neobrevipes, Planococcus
                                                                               lilacinus, P. minor, and
                                                                               Psedococcus landoi; and (2) all
                                                                               damaged fruit was removed from
                                                                               the shipment prior to export
                                                                               under the supervision of the
                                                                               Costa Rican department of
                                                                               agriculture. Shipping boxes must
                                                                               be labeled ``Not for distribution
                                                                               in HI, PR, VI, and Guam.'').
 
                                                  * * * * * * *
El Salvador
 
                                                  * * * * * * *
                                   Fennel..............  Foeniculum vulgare.  Leaf and stem. (Shipping boxes
                                                                               must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   German chamomile....  Matricaria recutita  Flower and leaf. (Shipping boxes
                                                          and Matricaria       must be labeled ``Not for
                                                          chamomilla.          distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   Loroco..............  Fernaldia spp......  Flower, leaf, and stem.
                                   Oregano or sweet      Origanum spp.......  Leaf and stem. (Shipping boxes
                                    marjoram.                                  must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   Parsley.............  Petroselinum         Leaf and stem. (Shipping boxes
                                                          crispum.             must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'')

[[Page 61560]]

 
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by El Salvador's department of
                                                                               agriculture stating that (1) the
                                                                               fruit is free from Coccus
                                                                               moestus, C. viridis, Dysmicoccus
                                                                               neobrevipes, Planococcus
                                                                               lilacinus, P. minor, and
                                                                               Psedococcus landoi; and (2) all
                                                                               damaged fruit was removed from
                                                                               the shipment prior to export
                                                                               under the supervision of El
                                                                               Salvador's department of
                                                                               agriculture. Shipping boxes must
                                                                               be labeled ``Not for distribution
                                                                               in HI, PR, VI, and Guam.'')
                                   Rosemary............  Rosmarinus           Leaf and stem. (Shipping boxes
                                                          officinalis.         must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   Waterlily or lotus..  Nelumbo nucifera...  Roots without soil. (Shipping
                                                                               boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   Yam-bean or Jicama    Pachyrhizus spp....  Roots without soil. (Shipping
                                    root.                                      boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
 
                                                  * * * * * * *
Guatemala
 
                                                  * * * * * * *
                                   Fennel..............  Foeniculum vulgare.  Leaf and stem. (Shipping boxes
                                                                               must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   German chamomile....  Matricaria           Flower and leaf. (Shipping boxes
                                                          chamomilla and       must be labeled ``Not for
                                                          Matricaria           distribution in HI, PR, VI, and
                                                          recutita.            Guam.'').
                                   Loroco..............  Fernaldia spp......  Flower and leaf.
 
                                                  * * * * * * *
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the Guatemalan department of
                                                                               agriculture stating that (1) the
                                                                               fruit is free from Coccus
                                                                               moestus, C. viridis, Dysmicoccus
                                                                               neobrevipes, Planococcus
                                                                               lilacinus, P. minor, and
                                                                               Psedococcus landoi; and (2) all
                                                                               damaged fruit was removed from
                                                                               the shipment prior to export
                                                                               under the supervision of the
                                                                               Guatemalan department of
                                                                               agriculture. Shipping boxes must
                                                                               be labeled ``Not for distribution
                                                                               in HI, PR, VI, and Guam.'').
 
                                                  * * * * * * *
                                   Rosemary............  Rosmarinus           Leaf and stem. (Shipping boxes
                                                          officinalis.         must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
 
                                                  * * * * * * *
                                   Waterlily or lotus..  Nelumbo nucifera...  Roots without soil. (Shipping
                                                                               boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
 
                                                  * * * * * * *
Honduras
 
                                                  * * * * * * *
                                   Basil...............  Ocimum basilicum...  Leaf and stem. (Must be
                                                                               accompanied by a phytosanitary
                                                                               certificate issued by the
                                                                               Honduran department of
                                                                               agriculture stating that the
                                                                               fruit is free from Planococcus
                                                                               minor. Shipping boxes must be
                                                                               labeled ``Not for distribution in
                                                                               HI, PR, VI, and Guam.'').
 
                                                  * * * * * * *
                                   German chamomile....  Matricaria           Flower and leaf. (Shipping boxes
                                                          chamomilla and       must be labeled ``Not for
                                                          Matricaria           distribution in HI, PR, VI, and
                                                          recutita.            Guam.'').
                                   Loroco..............  Fernaldia spp......  Flower and leaf.
                                   Oregano or sweet      Origanum spp.......  Leaf and stem. (Shipping boxes
                                    marjoram.                                  must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
 

[[Page 61561]]

 
                                                  * * * * * * *
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the Honduran department of
                                                                               agriculture stating that (1) the
                                                                               fruit is free from Coccus
                                                                               moestus, C. viridis, Dysmicoccus
                                                                               neobrevipes, Planococcus
                                                                               lilacinus, P. minor, and
                                                                               Psedococcus landoi; and (2) all
                                                                               damaged fruit was removed from
                                                                               the shipment prior to export
                                                                               under the supervision of the
                                                                               Honduran department of
                                                                               agriculture. Shipping boxes must
                                                                               be labeled ``Not for distribution
                                                                               in HI, PR, VI, and Guam.'').
                                   Waterlily or lotus..  Nelumbo nucifera...  Roots without soil. (Shipping
                                                                               boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   Yam-bean or Jicama    Pachyrhizus spp....  Roots without soil. (Shipping
                                    root.                                      boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI and
                                                                               Guam.'').
 
                                                  * * * * * * *
Mexico
 
                                                  * * * * * * *
                                   Fig.................  Ficus carica.......  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the national plant protection
                                                                               organization of Mexico stating
                                                                               that the fruit originated in a
                                                                               fruit-fly-free area-see Sec.
                                                                               319.56-2(h). Shipping boxes must
                                                                               be labeled ``Not for distribution
                                                                               in HI, PR, VI, and Guam.'').
 
                                                  * * * * * * *
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by the national plant protection
                                                                               organization of Mexico stating
                                                                               that (1) the fruit is free from
                                                                               Coccus moestus, C. viridis,
                                                                               Dysmicoccus neobrevipes,
                                                                               Planococcus lilacinus P. minor,
                                                                               and Pseudococcus landoi and; (2)
                                                                               all damaged fruit were removed
                                                                               from the shipment prior to export
                                                                               under the supervision of the
                                                                               national plant protection
                                                                               organization of Mexico. Shipping
                                                                               boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
 
                                                  * * * * * * *
Nicaragua
 
                                                  * * * * * * *
                                   Fennel..............  Foeniculum vulgare.  Leaf and stem. (Shipping boxes
                                                                               must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   German chamomile....  Matricaria           Flower and leaf. (Shipping boxes
                                                          chamomilla and       must be labeled ``Not for
                                                          Matricaria recuita.  distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   Loroco..............  Fernaldia spp......  Leaf and stem.
 
                                                  * * * * * * *
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be lappaceum
                                                                               accompanied by a phytosanitary
                                                                               certificate issued by the
                                                                               Nicaraguan department of
                                                                               agriculture stating that (1) the
                                                                               fruit is free from Coccus
                                                                               moestus, C. viridis, Dysmicoccus
                                                                               neobrevipes, Planococcus
                                                                               lilacinus, P. minor, and
                                                                               Psedococcus landoi; and (2) all
                                                                               damaged fruit was removed from
                                                                               the shipment prior to export
                                                                               under the supervision of the
                                                                               Nicaraguan department of
                                                                               agriculture. Shipping boxes must
                                                                               be labeled ``Not for distribution
                                                                               in HI, PR, VI, and Guam.'').
 
                                                  * * * * * * *
                                   Waterlily or lotus..  Nelumbo nucifera...  Roots without soil. (Shipping
                                                                               boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
                                   Yam-bean or Jicama    Pachyrhizus spp....  Roots without soil. (Shipping
                                    root.                                      boxes must be labeled ``Not for
                                                                               distribution in HI, PR, VI, and
                                                                               Guam.'').
Panama
 

[[Page 61562]]

 
                                                  * * * * * * *
                                   Rambutan............  Nephelium lappaceum  Fruit. (Must be accompanied by a
                                                                               phytosanitary certificate issued
                                                                               by Panama's department of
                                                                               agriculture stating that (1) the
                                                                               fruit is free from Coccus
                                                                               moestus, C. viridis, Dysmicoccus
                                                                               neobrevipes, Planococcus
                                                                               lilacinus, P. minor, and
                                                                               Psedococcus landoi; and (2) all
                                                                               damaged fruit was removed from
                                                                               the shipment prior to export
                                                                               under the supervision of Panama's
                                                                               department of agriculture.
                                                                               Shipping boxes must be labeled
                                                                               ``Not for distribution in HI, PR,
                                                                               VI, and Guam.'').
 
                                                  * * * * * * *
Spain
 
                                                  * * * * * * *
                                   Tomato..............  Lycopersicon         Fruit, only if it is green upon
                                                          esculentum.          arrival in the United States
                                                                               (pink or red fruit may only be
                                                                               imported from Almeria Province,
                                                                               Murcia Province, or the
                                                                               municipalities of Albu[ntilde]ol
                                                                               and Carchuna in Granada Province
                                                                               and only in accordance with Sec.
                                                                                319.56-2dd of this subpart).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    13. In Sec.  319.56-2u, paragraph (b)(7) would be revised and new 
paragraphs (b)(8) and (b)(9) would be added to read as follows:


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

    (b) * * *
    (7) Prior to movement from approved insect-proof screenhouses in 
the Arava Valley, the peppers must be packed in either individual 
insect-proof cartons or in non-insect-proof cartons that are covered by 
insect-proof mesh or plastic tarpaulins; covered non-insect-proof 
cartons must be placed in shipping containers. If the shipping 
containers will be moved through any fruit-fly-supporting areas during 
transit, the shipping containers must be secured with a numbered seal 
applied by DPPI and the seal number recorded on the phytosanitary 
certificate required by paragraph (b)(9) of this section.
    (8) The packaging safeguards required by paragraph (b)(7) of this 
section must remain intact at all times during the movement of the 
peppers to the United States and must be intact upon arrival of the 
peppers in the United States.
    (9) Each shipment of peppers must be accompanied by a phytosanitary 
certificate issued by the Israeli Ministry of Agriculture stating that 
the conditions of paragraphs (b)(1) through (b)(7) of this section have 
been met.
    14. In Sec.  319.56-2v, paragraph (a)(1) would be revised to read 
as follows:


Sec.  319.56-2v  Conditions governing the entry of citrus from 
Australia.

    (a) * * *
    (1) The Riverland district of South Australia, defined as the 
county of Hamley and the geographical subdivisions, called 
``hundreds,'' of Bookpurnong, Cadell, Eba, Fisher, Forster, Gordon, 
Hay, Holder, Katarapko, Loveday, Markaranka, Morook, Murbko, Murtho, 
Nildottie, Paisley, Parcoola, Paringa, Pooginook, Pyap, Ridley, 
Skurray, Stuart, and Waikerie and the Parish of Onley in the Shire of 
Mildura, Victoria;
* * * * *
    15. In Sec.  319.56-2x, the table would be amended by adding, in 
alphabetical order, under China, an entry for longan; a new entry for 
Colombia; under Nicaragua, an entry for yard-long-bean; and under 
Spain, an entry for persimmon, to read as follows:


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)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
China
 
                                                  * * * * * * *
                                   Longan...................  Dimocarpus longan.......  Fruit.
Colombia.........................  Cape gooseberries........  Physalis peruviana......  Fruit.
                                   Yellow pitaya............  Selenicereus megalanthus  Fruit.
 
                                                  * * * * * * *
Nicaragua
 
                                                  * * * * * * *
                                   Yard-long-bean...........  Vigna unguiculata.......  Pod.
 
                                                  * * * * * * *
Spain
 

[[Page 61563]]

 
                                                  * * * * * * *
 
                                   Persimmons...............  Diospyros khaki.........  Fruit.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    16. Section 319.56-2dd would be amended as follows:
    a. In paragraphs (a)(1) and (a)(7), by adding the words ``Province, 
the Murcia Province, or the municipalities of Albu[ntilde]ol and 
Carchuna in the Granada'' immediately after the word ``Almeria''.
    b. By revising paragraphs (a)(6), (b)(5), (c)(6), and (d)(2) to 
read as set forth below.
    c. By adding a new paragraph (e) to read as set forth below.


Sec.  319.56-2dd  Administrative instructions: conditions governing the 
entry of tomatoes.

* * * * *
    (a) * * *
    (6) The tomatoes must be packed within 24 hours of harvest. They 
must be safeguarded from harvest to export by insect-proof mesh screens 
or plastic tarpaulins, including while in transit to the packing house 
and while awaiting packaging. They must be packed in insect-proof 
cartons or covered by insect-proof mesh or plastic tarpaulins for 
transit to the airport and subsequent export to the United States. 
These safeguards must be intact upon arrival in the United States. 
Transit through other fruit fly supporting areas is prohibited unless 
the shipping containers are sealed by MAFF before shipment and the 
official seal number is recorded on the phytosanitary certificate; and
* * * * *
    (b) * * *
    (5) From June 1 through September 30, the tomatoes must be packed 
within 24 hours of harvest. They must be safeguarded by insect-proof 
mesh screen or plastic tarpaulin while in transit to the packing house 
and while awaiting packing. They must be packed in insect-proof cartons 
or covered by insect-proof mesh screen or plastic tarpaulin. These 
safeguards must be intact upon arrival in the United States. At all 
times of the year, transit through other fruit fly supporting areas is 
prohibited unless the insect-proof containers are sealed by SRPV before 
shipment and the official seal numbers are recorded on the 
phytosanitary certificate; and
* * * * *
    (c) * * *
    (6) The tomatoes must be packed within 24 hours of harvest and must 
be pink at the time of packing. They must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the packing 
house and while awaiting packing. They must be packed in insect-proof 
cartons or covered by insect-proof mesh or plastic tarpaulin for 
transit to the airport and export to the United States. These 
safeguards must be intact upon arrival in the United States. Transit 
through other fruit fly supporting areas is prohibited unless the 
containers are sealed by the Moroccan Ministry of Agriculture, Fresh 
Product Export (EACCE), before shipment and the official seal is 
recorded on the phytosanitary certificate; and
* * * * *
    (d) * * *
    (2) The tomatoes must be treated and packed within 24 hours of 
harvest. Once treated, the tomatoes must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the packing 
house and awaiting packing. They must be packed in insect-proof cartons 
or insect-proof mesh or plastic tarpaulin under APHIS monitoring for 
transit to the airport and subsequent export to the United States. 
These safeguards must be intact upon arrival in the United States; and
* * * * *
    (e) Tomatoes from Australia. Tomatoes (fruit) (Lycopersicon 
esculentum) may be imported into the United States from Australia only 
under the following conditions:
    (1) The tomatoes must be grown in greenhouses registered with, and 
inspected by, the Australian Quarantine Inspection Service (AQIS);
    (2) Two months prior to shipping, AQIS must inspect the greenhouse 
to establish its freedom from the following quarantine pests: 
Bactrocera aquilonis, B. cucumis, B. jarvis, B. neohumeralis, B. 
tryoni, Ceratitis capitata, Chrysodeixis argentifera, C. erisoma, 
Helicoverpa armigera, H. punctigera, Lamprolonchaea brouniana, 
Sceliodes cordalis, and Spodoptera litura. AQIS must also set and 
maintain fruit fly traps inside the greenhouses and around the 
perimeter of the greenhouses. Inside the greenhouses, the traps must be 
McPhail traps, and they must be set at the rate of six per hectare. In 
all areas outside the greenhouse and within 8 kilometers of the 
greenhouse, fruit fly traps must be placed at the rate of at least four 
per square kilometer. All traps must be checked at least every 7 days;
    (3) Within a registered greenhouse, capture of a single fruit fly 
or other quarantine pest will result in immediate cancellation of 
exports from that greenhouse until the source of the infestation is 
determined, the infestation has been eradicated, and measures are taken 
to preclude any future infestation;
    (4) Outside of a registered greenhouse, if one fruit fly of any 
type is found within 2 kilometers, trap density and frequency of trap 
inspection must be increased to detect a reproducing colony. Capture of 
two Medflies or three of the same species of Bactrocera within 1 month 
will result in the cancellation of exports from all registered 
greenhouses within 2 kilometers of the find until the source of the 
infestation is determined and the fruit fly infestation is eradicated;
    (5) AQIS must maintain records of trap placement, checking of 
traps, and any fruit fly captures, and must make the records available 
to APHIS upon request;
    (6) The tomatoes must be packed within 24 hours of harvest. They 
must be safeguarded by an insect-proof mesh screen or plastic tarpaulin 
while in transit to the packing house or while awaiting packing. They 
must be placed in insect-proof cartons or securely covered with insect-
proof mesh or plastic tarpaulin for transport to the airport or other 
shipping point. These safeguards must be intact upon arrival in the 
United States. Transit through other fruit-fly-supporting areas is 
prohibited unless the shipping container is sealed prior to shipping by 
AQIS and the official seal is recorded on the phytosanitary 
certificate; and
    (7) Each shipment of tomatoes must be accompanied by a 
phytosanitary certificate issued by AQIS stating ``These tomatoes were 
grown, packed, and shipped in accordance with the requirements of Sec.  
319.56-2dd(e) of 7 CFR.''
* * * * *
    17. Section 319.56-2gg would be amended as follows:
    a. In paragraphs (a) and (h), by adding the words ``Alicante or'' 
before the words ``Almeria Province''.

[[Page 61564]]

    b. By revising paragraph (e) to read as set forth below.


Sec.  319.56-2gg  Administrative instructions; conditions governing the 
entry of peppers from Spain.

* * * * *
    (e) The peppers must be safeguarded from harvest to export by 
insect-proof mesh or plastic tarpaulin, including while in transit to 
the packing house and while awaiting packing. They must be packed in 
insect-proof cartons or covered by insect-proof mesh or plastic 
tarpaulin for transit to the airport and subsequent export to the 
United States. These safeguards must be intact upon arrival in the 
United States;
* * * * *
    18. A new Sec.  319.56-2kk would be added to read as follows:


Sec.  319.56-2kk  Persimmons from the Republic of Korea.

    Persimmons (fruit) (Disopyros khaki) may be imported into the 
United States from the Republic of Korea only under the following 
conditions:
    (a) The orchard where the persimmons are grown must have been 
inspected at least once during the growing season and before harvest 
for the following pests: Conogethes punctiferalis, Planococcus 
kraunhiae, Stathmopoda masinissa, and Tenuipalpus zhizhilashiviliae;
    (b) After harvest, the persimmons must be inspected by the Korean 
national plant quarantine service (NPQS) and found free of the pests 
listed in paragraph (a) of this section before the persimmons may be 
shipped to the United States;
    (c) Each shipment of persimmons must be accompanied by a 
phytosanitary certificate issued by the Korean NPQS stating that the 
fruit is free of Conogethes punctiferalis, Planococcus kraunhiae, 
Stathmopoda masinissa, and Tenuipalpus zhizhilashiviliae.
    (d) Shipping boxes must be labeled ``Not for distribution in HI, 
PR, VI, and Guam.''
    (e) If any of the pests listed in paragraph (a) of this section are 
detected in an orchard, exports from that orchard will be canceled 
until the source of infestation is determined and the infestation is 
eradicated.
    19. Section 319.56-3 would be revised to read as follows:


Sec.  9.56-3  Applications for permits for importation of fruits and 
vegetables; issuance of permits.

    (a) Permit required. Except for fruits or vegetables that may be 
imported under the general permit provided in Sec.  319.56-2(b), (c), 
and (d), no fruits or vegetables may be imported unless a specific 
permit has been issued for the fruits or vegetables and unless the 
fruits or vegetables meet all other applicable requirements of this 
subpart and any other requirements specified by APHIS in the specific 
permit.
    (b) Applying for a permit. Applications must be submitted in 
writing or electronically and should be made in advance of the proposed 
shipment and provided to the Plant Protection and Quarantine 
program.\1\ Applications must include the country or locality of origin 
of the fruits or vegetables, the port of first arrival, the name and 
address of the importer in the United States, and the identity and 
quantity of the fruit or vegetable.
---------------------------------------------------------------------------

    \1\ Application for permits to import fruit and vegetables under 
this subpart may be submitted to the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, 4700 River 
Road, Unit 136, Riverdale, MD 20737-1236; online on the APHIS Import 
Authorization System, https://Web01.aphis.usda.gov/IAS.nsf/; or by 
fax (301) 734-5786.
---------------------------------------------------------------------------

    (c) Issuance of permits. If APHIS approves the application, APHIS 
will issue a permit specifying the conditions applicable to the 
importation of the fruit or vegetable.
    (d) Oral permits may be issued in cases where no other importations 
are considered and the commodity is admissible with only inspection. 
Fruits and vegetables arriving in the United States without a permit 
may be allowed to enter the United States if all applicable entry 
requirements are met and proof of application for a permit has been 
supplied to an inspector.(Approved by the Office of Management and 
Budget under control number 0579-0049)
    20. Section 319.56-4 would be revised to read as follows:


Sec.  319.56-4  Amendment, denial, or withdrawal of permits.

    (a) The Administrator may amend, deny, or withdraw a permit at any 
time if he or she has determined that conditions exist that present an 
unacceptable risk of the fruit or vegetable introducing quarantine 
pests into the United States. If the withdrawal is oral, the withdrawal 
of the permit and the reasons for the withdrawal will be confirmed in 
writing as promptly as circumstances permit.
    (b) Any person whose permit has been amended, denied, or withdrawn 
may appeal the decision in writing to the Administrator within 10 days 
after receiving the written notification of the decision. The appeal 
must state all of the facts and reasons upon which the person relies to 
show that the permit was wrongfully amended, denied, or withdrawn. The 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for granting or denying the appeal as promptly as circumstances 
permit. If there is a conflict as to any material fact and the person 
who has filed an appeal requests a hearing, a hearing shall be held to 
resolve the conflict. Rules of practice concerning the hearing will be 
adopted by the Administrator. A permit withdrawal will remain in effect 
pending resolution of the appeal or the hearing.
    21. In Sec.  319.56-6, paragraphs (b) and (d) would be revised to 
read as follows:


Sec.  319.56-6  Inspection and other requirements at the port of first 
arrival.

* * * * *
    (b) Assembly for inspection. Any person moving fresh fruits and 
vegetables into the United States must offer those agricultural 
products for entry at the U.S. port of first arrival. The owner or the 
agent must make full disclosure of the type, quantity, and country of 
origin of all fruits and vegetables in the shipment on an invoice or 
similar document and present that document to an inspector prior to 
moving the fruits or vegetables from the port. All fruits and 
vegetables must be accurately invoiced and made available to an 
inspector for examination. The owner or agent must assemble the fruits 
and vegetables for inspection at the port of first arrival, or at any 
other place designated by an inspector, and in a manner designated by 
the inspector.
* * * * *
    (d) Release for movement. No person may move a fruit or vegetable 
from the U.S. port of first arrival unless an inspector has:
    (1) Inspected the fruit or vegetable and released it;
    (2) Ordered treatment at the port of first arrival and, after 
treatment, released it;
    (3) Authorized movement to another location for treatment, further 
inspection, or destruction;
    (4) Ordered the fruit or vegetable to be re-exported; or
    (5) Waived the inspection.
* * * * *

    Done in Washington, DC, this 26th day of September, 2002.
Peter Fernandez,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-24847 Filed 9-27-02; 10:34 am]
BILLING CODE 3410-34-P