[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Proposed Rules]
[Pages 77940-77942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32056]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 67, No. 245 / Friday, December 20, 2002 / 
Proposed Rules  

[[Page 77940]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 02-084-1]


Removal of Cold Treatment Requirement for Ya Pears Imported From 
Hebei Province in China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to remove the current cold treatment 
requirement for Ya pears imported from Hebei Province in the People's 
Republic of China. The cold treatment requirement was imposed to ensure 
that Ya pears did not introduce the Oriental fruit fly into the United 
States. The People's Republic of China has submitted data indicating 
that no Oriental fruit flies have been found in Hebei Province since 
the beginning of 1997 and has requested that we remove the cold 
treatment requirement. Removing the cold treatment requirement would 
lift a restriction that no longer appears necessary.

DATES: We will consider all comments that we receive on or before 
February 18, 2003.

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. 02-084-1, 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. 02-084-1. 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. 
02-084-1'' 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) 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.
    Section 319.56-2ee of the regulations sets out the conditions for 
importing Ya variety pears produced in approved growing areas in the 
Hebei and Shadong Provinces of the People's Republic of China. The 
safeguards specified in the regulations include growing the pears in 
registered orchards only, field inspections for pests during the 
growing season, applying pesticides to reduce the pest populations, 
bagging the pears on the trees, and inspecting the fruit after the 
harvest. In addition, the regulations require that the Ya pears undergo 
cold treatment for Oriental fruit fly in accordance with the Plant 
Protection and Quarantine Treatment Manual, which is incorporated by 
reference at 7 CFR 300.1.
    The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a 
destructive pest of citrus and other types of fruits, nuts, and 
vegetables. The short life cycle of the Oriental fruit fly allows rapid 
population expansion; thus, outbreaks can cause severe economic losses. 
Heavy infestations can cause complete loss of crops. Oriental fruit fly 
is prevalent throughout tropical Asia, including parts of the People's 
Republic of China. It does not, however, thrive in cold climates.
    In March 2000, the People's Republic of China submitted fruit fly 
trapping data for 1997 through 1999 that showed no occurrence of 
Oriental fruit fly in Hebei Province. Further data have continued to 
indicate that Oriental fruit fly is not present in Hebei Province. 
(More information about these data may be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT.) Based on these negative 
findings, the People's Republic of China has requested that we remove 
the cold treatment requirement for Ya pears from Hebei Province. We 
have determined that these negative findings are sufficient proof that 
Oriental fruit fly is not present in Hebei Province. In addition, the 
cool climate of Hebei Province, which is comparable to that of 
Pennsylvania in the United States, does not favor the development of 
Oriental fruit fly. Therefore, we propose to allow Ya pears from Hebei 
Province to be imported into the United States without cold treatment.
    As noted, Ya pears may also be imported from Shadong Province under 
the regulations in Sec.  319.56-2ee. We would continue to require that 
Ya pears from Shadong Province be cold treated, as China has not 
offered evidence demonstrating that Oriental fruit fly is not present 
in Shadong Province. If, in the future, China provides sufficient 
evidence to show that Oriental fruit fly is not present in Shadong 
Province, we would consider removing the cold treatment requirement for 
Ya pears produced in Shadong Province. Therefore, we propose to amend 
Sec.  319.56-2ee (b) to indicate that only pears from Shadong Province 
would be required to undergo cold treatment before importation into the 
United States.
    We also propose to amend Sec.  319.56-2ee (c), which currently 
indicates that each shipment of pears must be accompanied by a 
phytosanitary certificate issued by the Chinese Ministry of Agriculture 
stating that the conditions of paragraphs (a) and (b) of Sec.  319.56-
2ee have been met. Because Ya

[[Page 77941]]

pears imported from Hebei Province will no longer be subject to the 
conditions in Sec.  319.56-2ee (b), we propose to amend Sec.  319.56-
2ee (c) to simply state that the phytosanitary certificate must state 
that the conditions of the section as a whole have been met.

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.
    This proposed rule would remove the cold treatment requirement for 
Ya pears imported from Hebei Province in the People's Republic of 
China. This proposal is in response to data from the plant protection 
organization of the People's Republic of China indicating that Oriental 
fruit fly does not occur in Hebei Province and the fact that climatic 
conditions do not favor the establishment of Oriental fruit fly in 
Hebei Province.
    The rapid growth in Ya pear imports by the United States from China 
is evident in Table 1. Imports increased from about 329,000 kilograms 
in 1998 to over 6.57 million kilograms in 2001. The estimated cost 
savings discussed in this analysis are based on the import quantity and 
value for 2001.

              Table 1.--Ya Variety Pear Imports From China
------------------------------------------------------------------------
                                                                Price
                                     Quantity      Value       (dollars
                                   (kilograms)   (millions       per
                                                of dollars)   kilogram)
------------------------------------------------------------------------
1998.............................      328,818       $0.328        $1.00
1999.............................    2,097,863        2.011         0.96
2000.............................    5,264,099        3.746         0.71
2001.............................    6,573,113        3.559        0.54
------------------------------------------------------------------------
Source: World Trade Atlas, based on data from the U.S. Bureau of the
  Census. Harmonized Tariff Schedule code 080820.

    We expect that removing the cold treatment requirement for Ya pears 
imported from Hebei Province would reduce shipping costs. The magnitude 
of the reduction would depend on transport costs with and without the 
cold treatment requirement. While refrigeration costs would still be 
borne by importers in the absence of the cold treatment requirement, 
the costs required to maintain, monitor, and report cold treatment 
temperatures during transport would all be saved.
    The cold treatment schedule for Ya pears from China, as specified 
in the Plant Protection and Quarantine Treatment Manual, is T107-f. The 
number of days required for cold treatment en route under the 
schedule--10 to 14 days, depending on the treatment temperature--is 
less than the number of days it takes to ship Ya pears to the United 
States from China. No reduction in shipping time, and thus no 
associated cost savings, is expected to result from the proposed 
removal of the cold treatment requirement.
    A recent analysis of cold treatment requirements for the 
Mediterranean fruit fly at U.S. ports, used here as a proxy for cold 
treatment costs en route, indicated a cost of 50 cents per day per 
pallet.\1\ Most of this expense is the cost of refrigeration. Under the 
proposed rule, Ya pears from Hebei Province would still be refrigerated 
while en route to the United States, although not to cold treatment 
specifications. For this analysis, it is assumed that the savings from 
not having to meet cold treatment requirements would be 25 cents per 
day per pallet. This amount probably exceeds the actual savings that 
would be realized, providing an upper-bound approximation of potential 
effects.
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    \1\ Analysis for APHIS Docket 02-071-1, published in the Federal 
Register on October 15, 2002 (67 FR 63529-63536).
---------------------------------------------------------------------------

    Assuming that boxing and pallet loading capacities are similar to 
those of domestic pears, a box of Ya pears would contain about 20 
kilograms and a pallet would contain 49 boxes.\2\ Assuming further a 
14-day cold treatment period, the longest specified in the cold 
treatment regimen, the cost of cold treatment would be about 36 cents 
per 100 kilograms, or 0.36 cents per kilogram.\3\ As shown in Table 1, 
the average price of Ya pears has steadily fallen since imports began 
in 1998. Even so, estimated savings from not having to meet cold 
treatment requirements represent less than 1 percent of the 2001 price 
of 54 cents per kilogram. In addition, pears from Shadong Province 
would be unaffected by the proposed change, further dampening the total 
cost effect in the United States.
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    \2\ The packing measure used for pears is four-fifths of a 
bushel, which corresponds to about 42 to 45 pounds. (Kevin Moffett, 
Pear Bureau, personal communication.)
    \3\ (Twenty-five cents per day per pallet) x (14 days per 
treatment) = $3.50 per pallet per treatment. (Twenty kilograms per 
box) x (49 boxes per pallet) = 980 kilograms per pallet. ($3.50) / 
(980 kilograms) = $0.00357/kg.
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    Ya pears are not produced in the United States, and Ya pears are 
not a substitute for domestically produced pears. Thus, this proposed 
rule is not expected to affect the U.S. domestic pear industry.

Economic Effects on Small Entities

    Under the criteria established by the Small Business 
Administration, fruit importers (North American Industry Classification 
System code 422480, ``Fresh Fruit and Vegetable Wholesalers'') must 
have 100 or fewer employees to be considered small entities. At least 
some U.S. importers of Ya pears from Hebei Province in China may be 
small entities, but the expected economic effect of no longer needing 
to meet cold treatment requirements is minor.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Further, this proposed rule would reduce 
information collection or recordkeeping requirements in Sec.  319.56-
2ee.

[[Page 77942]]

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery Stock, 
Plant diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.
    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

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

    2. In Sec.  319.56-2ee, paragraphs (b) and (c) would be revised to 
read as follows:


Sec.  319.56-2ee  Administrative instructions: Conditions governing the 
entry of Ya variety pears from China.

* * * * *
    (b) Treatment. Pears from Shadong Province must be cold treated for 
Bactrocera dorsalis in accordance with the Plant Protection and 
Quarantine Treatment Manual, which is incorporated by reference at 
Sec.  300.1 of this chapter.
    (c) Each shipment of pears must be accompanied by a phytosanitary 
certificate issued by the Chinese Ministry of Agriculture stating that 
the conditions of this section have been met.
* * * * *

    Done in Washington, DC, this 17th day of December, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-32056 Filed 12-19-02; 8:45 am]
BILLING CODE 3410-34-P