[Federal Register Volume 68, Number 13 (Tuesday, January 21, 2003)]
[Rules and Regulations]
[Pages 2684-2686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1212]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 00-068-3]


Cold Treatment for Fresh Fruits; Port of Corpus Christi, TX

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to allow, under certain 
conditions, the cold treatment of imported fruit upon arrival at the 
maritime port of Corpus Christi, TX. We have determined that there are 
biological barriers at this port that, along with certain safeguards, 
would prevent the introduction of fruit flies and other insect pests 
into the United States in the unlikely event that they escape from 
shipments of fruit before the fruit undergoes cold treatment. This 
action will facilitate the importation of fruit requiring cold 
treatment while continuing to provide protection against fruit flies 
and other insect pests into the United States.

EFFECTIVE DATE: January 21, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Import Specialist, 
PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236; (301) 
734-6799.

[[Page 2685]]


SUPPLEMENTARY INFORMATION:

Background

    The fruits and vegetables regulations in 7 CFR 319.56 through 
319.56-8 (referred to below as the regulations), prohibit or restrict 
the importation of fruits and vegetables to prevent the introduction or 
dissemination of quarantine pests, including fruit flies, that are new 
or not widely distributed in the United States. The Animal and Plant 
Health Inspection Service (APHIS) of the U.S. Department of Agriculture 
administers these regulations.
    Under the regulations, APHIS allows certain fruits to be imported 
into the United States if they undergo sustained refrigeration (cold 
treatment) sufficient to kill certain insect pests. Cold treatment 
temperatures and the duration of treatment vary according to the type 
of fruit and the pests involved. Detailed cold treatment procedures may 
be found in the Plant Protection and Quarantine Treatment Manual, which 
is incorporated by reference into the regulations at 7 CFR 300.1.
    Most imported fruit that requires cold treatment undergoes cold 
treatment while in transit to the United States. However, APHIS also 
allows imported fruit to undergo cold treatment at an approved cold 
treatment facility in either the country of origin or after arrival in 
the United States at certain ports designated by APHIS in Sec.  319.56-
2d(b)(1) of the regulations.
    On June 1, 2001, we published in the Federal Register (66 FR 29735-
29739, Docket No. 00-068-1), a proposal to amend the regulations to 
allow, under certain conditions, the cold treatment of imported fruit 
upon arrival at the port of Corpus Christi, TX. The proposal was based 
on our determination that there are biological barriers at this port 
that, along with certain safeguards, would prevent the introduction of 
fruit flies and other insect pests into the United States in the 
unlikely event that they escape from shipments of fruit before the 
fruit undergoes cold treatment. In that proposed rule, we also proposed 
to correct several outdated references in the regulations to the 
``Bureau of Customs'' and ``Collector of Customs'' and to correct the 
locations provided for Baltimore-Washington International and Dulles 
International Airports.
    We solicited comments concerning our proposal for 60 days ending 
July 31, 2001. We received three comments by that date. They were from 
the director of the Port of Corpus Christi, TX, an importer, and a 
representative of State government. Two commenters were in favor of our 
proposal and agreed with the rationale we presented in the proposed 
rule.
    The third commenter suggested that the treatment of imported fruit 
should be forbidden anywhere in the southern United States because this 
region is especially vulnerable to fruit fly infestation. Also, this 
commenter noted that many U.S. trading partners require, as a condition 
of entry, that treatment of all commodity imports be completed in the 
country of origin or en route, and do not permit treatment at the port 
of entry.
    We have carefully considered the potential risks associated with 
allowing the cold treatment of imported fruits and vegetables at the 
Port of Corpus Christi, TX, and have determined that the biological 
barriers present in the area of this port, along with the safeguards 
described in the proposed rule, would prevent the introduction of fruit 
flies and other insect pests in the unlikely event that they escape 
from a shipment of imported fruit before the fruit undergoes cold 
treatment. As noted in the proposed rule, this determination is based 
on a 1994 document prepared by APHIS assessing the pest risks 
associated with allowing cold treatment of tropical fruit fly host 
materials at certain U.S. ports, as well as on a specific analysis of 
conditions at the Port of Corpus Christi. The 1994 document established 
risk groups for many ports in the United States, including Corpus 
Christi, TX. Assignment of a port to a particular risk group was based 
on a number of criteria, including the individual port's latitude, 
microclimate, immediate host availability, and past fruit fly 
introductions. The proposed risk mitigation measures for the Port of 
Corpus Christi were tailored to the level of risk assigned by that 1994 
document. (Copies of this risk assessment document may be obtained by 
writing to the person listed under FOR FURTHER INFORMATION CONTACT.) 
Although other countries may have different requirements regarding 
where and when treatments are to be conducted, APHIS' regulations have 
provided for cold treatment after arrival for more than 30 years. We 
acknowledge that conducting cold treatment of imported fruit at a port 
in the southern United States such as Corpus Christi, TX, presents 
different risks than at ports in the northern United States, but we 
have found through experience that those risks can be successfully 
managed.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule allows, under 
certain conditions, the cold treatment of imported fruit upon arrival 
at the Port of Corpus Christi, TX. Making this action effective 
immediately will facilitate the importation of imported fruit requiring 
cold treatment while continuing to provide protection against the 
introduction of fruit flies and other quarantine pests into the United 
States. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This final rule amends the regulations governing the importation of 
fruits and vegetables to allow, under certain conditions, the cold 
treatment of imported fruit at the Port of Corpus Christi, TX, where a 
new cold treatment facility has been constructed. This action will 
facilitate the importation of fruit requiring cold treatment while 
continuing to provide protection against the introduction of fruit 
flies and other quarantine pests into the United States.
    In accordance with 5 U.S.C. 603, we have performed a final 
regulatory flexibility analysis, which is set out below, regarding the 
effects of this rule on small entities. The initial regulatory 
flexibility analysis in our proposed rule stated that we did not have 
all the data necessary for a comprehensive analysis of the potential 
effects of this rule on small entities. Therefore, we invited comments 
concerning potential economic effects, particularly the number and kind 
of small entities that might incur benefits or costs. We did not 
receive any comments providing the data we requested.
    The port of Corpus Christi, located along the Texas coast on the 
Gulf of Mexico, is connected to both U.S. and Mexican markets through 
several State and interstate highways as well as by rail service from 
three rail carriers, which all have access to the docks. The facility 
at the port of Corpus Christi that would be used for cold treatment has 
295,500 square feet of covered dockside storage and a state-of-the-art 
refrigerated

[[Page 2686]]

warehouse with a 100,000 square-foot capacity. This cold storage and 
treatment facility, completed in August 2000, includes three rooms with 
freezing and chilling capacities, and temperature-controlled rail and 
truck docks. A study conducted by the port authority of Corpus Christi 
predicts that by the year 2010, national container traffic will top 
2.75 million transit and exit units (TEU's) and that the port of Corpus 
Christi could capture a throughput of 820,000 TEU's.
    The port authority expects that it would receive commodity imports 
from several countries throughout Central and South America in addition 
to New Zealand and South Africa. The annual collective estimated value 
of commodities expected to be cold treated at the facility is nearly 
$131.7 million.

Effect on Small Entities

    According to the Small Business Administration, a small entity 
involved in the wholesale trade of fresh fruits is one that employs no 
more than 100 people. While small entities will likely benefit from 
being able to cold treat commodities at the port of Corpus Christi, the 
number of these entities and the extent to which they might benefit are 
unknown. Additionally, import and transport companies in the region can 
be expected to handle increased traffic in fruits and vegetables, as 
indicated by the projected figures provided by exporters in Latin 
America and South Africa; consequently, we expect local employment 
opportunities to increase. Given these considerations, we expect that 
the overall economic effect of this rule will be positive.
    This rule contains no information collection or recordkeeping 
requirements (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This final rule allows fresh fruit to be imported into the United 
States for cold treatment at the maritime port of Corpus Christi, TX. 
State and local laws and regulations regarding fruit imported under 
this rule would be preempted while the fruit is in foreign commerce. 
Fresh fruit is 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. 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

    This final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery Stock, Plant 
Diseases and pest, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

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


    2. Section 319.56-2d is amended as follows:
    a. In paragraph (b)(1), the words ``Corpus Christi, TX,'' are added 
immediately before the words ``and Gulfport, MS''; the words ``Airport, 
Baltimore, MD,'' are added after the words ``Baltimore-Washington 
International''; and the words ``airports, Washington, DC'' are removed 
and the words ``Airport, Chantilly, VA'' added in their place.
    b. In paragraph (b)(5)(iii), the words ``Collector of Customs'' is 
removed and the words ``Customs Service'' added in their place.
    c. In paragraphs (b)(5)(iv)(B), (b)(5)(v)(B), and (b)(5)(vi)(B), 
the words ``Bureau of Customs'' are removed each time they occur and 
the words ``U.S. Customs Service'' added in their place.
    d. The introductory text of paragraph (b)(5)(vii) is revised.
    e. In paragraph (b)(5)(vii)(A), the words ``at the port of 
Gulfport, MS'' are removed.
    f. In paragraph (b)(5)(vii)(C), the words ``Bureau of Customs'' are 
removed and the words ``U.S. Customs Service'' added in their place.
    g. Paragraph (b)(5)(vii)(H) is revised.
    The amended text reads as follows:


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

* * * * *
    (b) * * *
    (5) * * *
    (vii) Special requirements for the maritime ports of Gulfport, MS, 
and Corpus Christi, TX. Shipments of fruit arriving at the ports of 
Gulfport, MS, and Corpus Christi, TX, for cold treatment, in addition 
to meeting all of the requirements in paragraphs (b)(5)(i) through 
(b)(5)(iii) of this section, must meet the following special 
conditions:
* * * * *
    (H) Blacklights or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square 
miles surrounding the cold treatment facility at the maritime port of 
Gulfport, MS, and within the 5 square miles surrounding the cold 
treatment facility at the maritime port of Corpus Christi, TX.
* * * * *

    Done in Washington, DC, this 14th day of January 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-1212 Filed 1-17-03; 8:45 am]
BILLING CODE 3410-34-P