[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Proposed Rules]
[Pages 28161-28166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12987]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 02-049-1]


Importation of Fragrant Pears From China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation of fragrant pears from China under 
certain conditions. As a condition of entry, fragrant pears from China 
would have to be grown in the Korla region of Xinjiang Province in a 
production site that is registered with the national plant protection 
organization of China. The fragrant pears would be subject to 
inspection. In addition, the pears would have to be packed in insect-
proof containers that are labeled in accordance with the regulations 
and safeguarded from pest infestation during transport to the United 
States. This action would allow fragrant pears to be imported from 
China while continuing to provide protection against the introduction 
of plant pests into the United States.

DATES: We will consider all comments that we receive on or before July 
22, 2003.

[[Page 28162]]


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. 02-049-1, 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. 02-049-1. 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. 
02-049-1'' 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, 
PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1231; (301) 
734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 319.56 through 319.56-8 (referred to below 
as the regulations) prohibit or restrict the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent the introduction and dissemination of plant pests that are new 
to or not widely distributed within the United States.
    Currently, the regulations do not allow the importation of fragrant 
pears from China. However, the national plant protection organization 
of China has requested that the Animal and Plant Health Inspection 
Service (APHIS) allow fragrant pears from the Korla region of Xinjiang 
Province in China to be imported into the United States.
    Under section 412(a) of the Plant Protection Act, the Secretary of 
Agriculture may prohibit or restrict the importation and entry of any 
plant product if the Secretary determines that the prohibition or 
restriction is necessary to prevent the introduction into the United 
States or the dissemination within the United States of a plant pest or 
noxious weed.
    The Secretary has determined that it is not necessary to prohibit 
the importation of fragrant pears from the Korla region of Xinjiang 
Province in China in order to prevent the introduction into the United 
States or the dissemination within the United States of a plant pest or 
noxious weed. This determination is based on the finding that the 
application of the remedial measures contained in this proposed rule 
will provide the protection necessary to prevent the introduction and 
dissemination of plant pests into the United States. The factors 
considered in arriving at this determination include the conclusions of 
a pest risk assessment,\1\ program analysis, and site visits.
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    \1\ The pest risk assessment and supporting documents may be 
obtained from the person listed under FOR FURTHER INFORMATION 
CONTACT.
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    The pest risk assessment and supporting documents identified 13 
pests of quarantine significance present in China that could be 
introduced in the United States via fragrant pears. However, the 
climatic conditions and production practices in the Korla region of 
Xinjiang Province do not favor the establishment of any of these pests. 
The production area is west of the Gobi Desert and just north of the 
Taklamakan Desert. The area experiences extremely hot summers, cold 
winters, and very little rainfall.
    Furthermore, the production area is geographically as well as 
culturally isolated. Although agricultural commodities are exported 
from the region, there is little, if any, incoming trade. As a result, 
the potential for pests of quarantine significance being introduced 
into the area is extremely low. In the unlikely event a pest was 
introduced, climatic conditions and production practices would 
significantly reduce the likelihood of establishment.
    Therefore, we are proposing to allow fragrant pears to be imported 
from the Korla region of Xinjiang Province in China under certain 
conditions. The provisions for the importation of fragrant pears from 
China would be set out in a new section, Sec.  319.56-2kk.
    We would require that the fragrant pears be grown in the Korla 
region of Xinjiang Province in a production site that is registered 
with the national plant protection organization of China. All 
propagative material introduced into a registered production site would 
have to be certified free of specified quarantine pests by the national 
plant protection organization of China.
    The fragrant pears would be subject to both pre-harvest and post-
harvest inspections. Each year, within 30 days prior to harvest, the 
national plant protection organization of China or officials authorized 
by the national plant protection organization of China would have to 
inspect the registered production site for signs of pest infestation 
and would have to allow APHIS to monitor the inspections. The national 
plant protection organization of China would have to provide APHIS with 
information on pest detections and pest detection practices, and APHIS 
would have to approve the pest detection practices. The national plant 
protection organization of China would be responsible for immediately 
notifying APHIS of any quarantine pests found during inspection of the 
registered production site or at any other time.
    Upon detection of Oriental fruit fly (Bactrocera dorsalis) during 
the pre-harvest inspection or at any other time, APHIS could prohibit 
the importation into the United States of fragrant pears from China 
until an investigation is conducted and APHIS and the national plant 
protection organization of China agree that appropriate remedial action 
has been taken.
    APHIS could prohibit the importation into the United States of 
fragrant pears from a production site for the season if any of the 
following pests are detected on that production site during the pre-
harvest inspection or at any other time: Peach fruit borer (Carposina 
sasaki), yellow peach moth (Conogethes punctiferalis), apple fruit moth 
(Cydia inopinata), Hawthorn spider mite (Tetranychus viennensis), red 
plum maggot (Cydia funebrana), brown rot (Munilinia fructigena), Asian 
pear scab (Venturia nashicola), pear trellis rust (Gymnosporangium 
fuscum), and Asian pear black spot (Alternaria spp.). The exportation 
to the United States of fragrant pears from the production site could 
resume in the next growing season if an investigation is conducted and 
APHIS and the national plant protection organization of China agree 
that appropriate remedial action has been taken. Furthermore, if any of 
these pests is detected in more than one registered production site, 
APHIS could prohibit the importation into the United States of fragrant 
pears from China until an investigation is conducted and APHIS and the 
national plant protection organization of China agree that appropriate 
remedial action has been taken.

[[Page 28163]]

    After harvest, the national plant protection organization of China 
or officials authorized by the national plant protection organization 
of China would have to inspect the pears for signs of pest infestation 
and would have to allow APHIS to monitor the inspections. The national 
plant protection organization of China would be responsible for 
immediately notifying APHIS of any quarantine pests found during the 
post-harvest inspection or at any other time.
    If any of the quarantine pests listed above are detected during the 
post-harvest inspection, APHIS could reject the lot or consignment and 
could prohibit the importation of fragrant pears into the United 
States, as described above.
    In addition, APHIS could reject an individual lot or consignment 
upon detection of large pear borer (Numonia pivivorella), pear curculio 
(Rhynchites fovepessin), and Japanese apple curculio (R. heros). These 
pests are readily identifiable as they cause significant and 
characteristic damage to infested fruit. Therefore, post-harvest 
inspection is adequate mitigation for these pests.
    The fragrant pears would have to be packed in insect-proof 
containers that are labeled in accordance with Sec.  319.56-2(g), which 
requires that each box of fruit imported into the United States be 
clearly labeled with: (1) The name of the orchard or grove of origin, 
or the name of the grower; (2) the name of the municipality and State 
in which it was produced; and (3) the type and amount of fruit it 
contains. The fragrant pears would have to be held in a cold storage 
facility while awaiting export. In order to prevent fragrant pears 
intended for export to the United States from being commingled with any 
other fruit, we would require that if fruit from unregistered 
production sites are stored in the same facility, the fragrant pears 
would have to be isolated from that other fruit.
    In addition, fragrant pears would have to be safeguarded to prevent 
pest infestation during transport to the United States. To facilitate 
compliance with the regulations, fragrant pears could only be imported 
under a permit issued by APHIS. In addition, each shipment of pears 
would have to be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of China stating that the 
conditions of the regulations have been met and that the shipment has 
been inspected and found free of quarantine pests.
    We believe that the proposed requirements described above are 
sufficient and necessary to prevent the introduction into the United 
States and the dissemination within the United States of a plant pest 
or noxious weed.

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.
    We are proposing to amend the fruits and vegetables regulations to 
allow the importation of fragrant pears from China under certain 
conditions. This action would allow fragrant pears to be imported from 
China while continuing to provide protection against the introduction 
of plant pests into the United States.
    This analysis examines whether the regulations might have a 
significant economic impact on a substantial number of small entities, 
as required by the Regulatory Flexibility Act. There are three reasons 
why we believe this will not be the case. First, the risk of quarantine 
pests being introduced into the United States via this pathway is 
extremely low. Second, fragrant pears are not produced in the United 
States and fragrant pear import levels are expected to be low relative 
to domestic availability. In addition, our analysis suggests that Ya 
pear (Pyrus bretschneideri) imports from China do not substitute for 
domestically produced pears; therefore, profit losses, if any, for 
domestic pear producers are expected to be extremely low, at least over 
the next several years. Third, allowing the importation of a pear 
variety that is not produced domestically will lead to gains for small 
importers and pear consumers in the United States.

Pear Production and Pest Risks

    Fragrant pears are grown in an area surrounding Korla, a city in 
Xinjiang Province, which makes up the northwest corner of China, and 
are not grown anywhere else in the world. The production area, which is 
west of the Gobi Desert and just north of the Taklamakan Desert, 
experiences extremely hot summers, cold winters, and very little 
rainfall, and is geographically as well as culturally isolated. In 
addition, while agricultural commodities are exported from the region, 
there is little if any incoming trade. As a result, the potential for 
pests of quarantine significance being introduced into the area is 
extremely low. Furthermore, in the unlikely event a pest was 
introduced, climatic conditions and production practices would 
significantly reduce the likelihood of establishment.
    Approximately 15,000 hectares are devoted to fragrant pear 
production in Xinjiang Province, yielding roughly 90,718 metric tons 
per year, of which 10 percent is exported. We expect that exports to 
the United States would come mainly from the farm units known as 
Regiments 28, 29, 30, 33, and Shayi Dong Farms, although additional 
quantities could come from Regiments 31 and 32. The land belongs to the 
government, and the proper maintenance of every orchard is under the 
direct supervision of China's Administration of Plant Quarantine 
(AQSIQ), which stations one supervisor to each regiment in the export 
area. The AQSIQ supervisor is in contact with the growers on a weekly 
basis and directs the work of several survey teams.\2\ The survey teams 
are in the orchards every day and are responsible for maintaining 
traps, extension work, fruit cutting and inspection, checking to see 
that orchards are maintained properly, participating in annual pest 
surveys, and checking on other crops. If it is determined that an 
orchard is not being managed properly, AQSIQ assigns it to another 
grower.
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    \2\ There are approximately 5,166 hectares of agricultural 
production, 3,000 growers, and 66 survey teams in Regiments 28, 29, 
30, 33, and Shayi Dong Farms, for an average 1.72 hectares per 
grower and 79 hectares per survey team. Most of Regiment 30, 
however, is devoted to wheat and rice production. Each fragrant pear 
grower manages about 1 hectare.
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Benefits and Costs

    Because pest risks associated with this pathway are extremely low, 
we expect regulatory costs associated with quarantine pest 
introductions to be negligible. In addition, because fragrant pears are 
not produced in the United States and because quantities designated for 
export are expected to be low, at least during the next several years, 
we do not expect fragrant pears to compete with domestically produced 
pears over the short run. However, imports of fragrant pears from China 
may increase over time, as has been the case for U.S. Ya pear imports 
and Canadian Ya and fragrant pear imports from China (table 1).

[[Page 28164]]



           Table 1.--Ya Pears From China and Domestically Produced Fresh Pears, Quantities, and Prices
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                                                                     Domestic                      Chinese pear
                                      YA pear      Import prices    production       Domestic       exports to
              Year                  imports \1\     \1\ ($/kg)      fresh pears    prices 2) \2\    Canada \3\
                                    (1,000 kg)                    \2\ (1,000 kg)      ($/kg)        (1,000 kg)
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1996............................              NA              NA         416,897           $0.62             321
1997............................              NA              NA         519,191            0.41             182
1998............................             329           $1.48         466,107            0.44             909
1999............................           2,058            1.26         486,410            0.43           1,899
2000............................           5,264            0.73         496,348            0.36           4,663
2001............................           6,654            0.54         494,588            0.43             NA
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 NA = not available.
\1\ Data for 1998-2002 are from FAS (2002), and data for 2001 are from the World Trade Atlas, which obtains its
  data from the U.S. Bureau of the Census.
\2\ The nominal price data during 1996-1998 are from NASS (1999), and data for 1999-2001 are from NASS (2002).
\3\ China currently exports fragrant pears (and possibly Ya pears) to Canada. These data are from (FAS 2002).

    We used time-series data on U.S. Ya pear imports from China, 
domestic fresh pear production and prices, and total domestic 
expenditures on fruit during 1996-2001 to estimate the rate of 
substitution between Ya pears and domestically produced pears in order 
to glean information about the potential rate of substitution between 
fragrant pear imports and domestic pears.\3\ In particular, we 
estimated a linear relationship between fresh domestic pear prices and 
a constant, fresh domestic production, and Ya pear imports from China. 
Prices and expenditures were converted to 2001 dollars using a fresh 
fruit consumer price index. The constant, Ya pear imports, real 
expenditures on fruit, and total pear production were used as 
instruments in the instrumental variables estimation procedure. The 
constant and the coefficient estimate on utilized fresh pear production 
are statistically different from zero, at a 5 percent significant 
level, and the coefficient estimate on production has the appropriate 
sine (table 2). The coefficient estimate on Ya pear imports is negative 
but not statistically different from zero, indicating that Ya pears did 
not substitute for domestically produced pears during 1998-2001.
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    \3\ Data on U.S. Ya pear imports from China begin in the year 
1998. As a result, Ya pear imports are zero for 1996 and 1997. 
Quantity data are in kilograms, and expenditure data are in billions 
of dollars.
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    During 1998-2001, U.S. imports of Ya pears from China increased an 
average 236 percent per year, mainly due to a 526 percent increase 
between 1998 and 1999 (table 1). More recently, imports increased 26 
percent between 2000 and 2001. Import restrictions on Ya and fragrant 
pear imports from China imposed by the Canadian Food Inspection Agency 
are somewhat similar to those APHIS would impose and, as a result, 
Canadian imports of Chinese Ya and fragrant pears provide additional 
information regarding potential future U.S. imports of these 
commodities. During 1996-2000, Canadian imports increased an average 
153 percent per year, increasing 146 percent between 1999 and 2000. 
There are no data to indicate directly whether U.S. imports of fragrant 
pears from China may compete with domestically produced pears. However, 
if the relationship between Ya pears and domestic pears is similar to 
the relationship between fragrant pears and domestic pears, then the 
estimation results in table 2 indicate that U.S. imports of fragrant 
pears from China will not compete with domestically produced pears 
during the next several years. If U.S. imports of fragrant pears from 
China increase rapidly over time, however, fragrant pears may 
eventually compete with some varieties of domestic pears over the long 
run. Be that as it may, all of the available data indicate that Chinese 
fragrant pears will not compete with domestic pears in the short run 
and, therefore, that allowing the importation of fragrant pears from 
China would likely not adversely impact U.S. pear producers in the 
short run.

          Table 2.--Instrumental Variables Estimation Results for Inverse Fresh Domestic Pear Demand *
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                                                         Coefficient
                       Variable                           estimate     Standard error    T-statistic    P-value
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Constant.............................................           1.30-            0.36            3.62      0.000
Utilized fresh pear production.......................       -1.75e-09        7.65e-10           -2.29      0.022
Ya pear imports......................................       -6.63e-09        8.30e-09           -0.80     0.425
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Dependent variable: Fresh pear prices.
Instruments: Constant, Ya pear imports, fruit expenditures, domestic pear production.
Observations: 6 [1996-2001].
Standard error of the regression: 0.05.
Coefficient of determination: 0.83.
F-Stat (over-identifying restrictions): 0.46 [0.55].
* Sources for the 1996-2001 data are reported in the text (See Benefits and Costs) and in table 1. Estimates
  were obtained using the TSP statistical analysis software package.

    Allowing the importation of fragrant pears from China would, 
however, likely provide benefits to U.S. importers of Chinese fragrant 
pears, as well as domestic pear consumers. The U.S. Small Business 
Administration defines a small pear importer (NAICS 42248, Fresh Fruit 
and Vegetable Wholesalers) as one with annual sales receipts of $100 
million or less. There are no data to indicate directly the level of 
benefits that may accrue to small pear importers

[[Page 28165]]

in the United States. Instead, we used data on Ya pears to estimate an 
inverse import demand curve for Ya pears and, under the assumption that 
U.S. import demand for Ya and fragrant pears would be similar, 
estimated benefits using the import demand curve for Ya pears. We used 
time-series data on Ya pear imports and prices and total domestic 
expenditures on fruit during 1998-2001 to estimate a linear 
relationship between import price, a constant, and import quantity. 
Prices and expenditures were converted to 2001 dollars using a fresh 
fruit consumer price index. The constant, real expenditures on fruit, 
and a time index were used as instruments. Both the constant and the 
coefficient estimate on U.S. Ya pear imports from China are 
statistically significant, and the coefficient estimate on imports has 
the appropriate sine (table 3). Assuming import demand for Ya and 
fragrant pears have a similar structure, and assuming Chinese export 
supply is perfectly inelastic at 256.88 metric tons for the first 
shipping season, then expected gross revenues less payments to Chinese 
exporters accruing to U.S. small pear importers for the first marketing 
season are $5,014 in 2001 dollars.\4\ (This figure does not include 
additional costs associated with unloading, storing, and transporting 
fragrant pears to market.)
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    \4\ This figure is an estimate based on information provided by 
Chinese officials.

        Table 3.--Instrumental Variables Estimation Results for Inverse Domestic Ya Pear Import Demand *
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                                                         Coefficient
                       Variable                           estimate     Standard error    T-statistic    P-value
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Constant.............................................            1.55            0.02           69.17      0.000
Ya pear imports......................................       -1.52e-07        5.12e-09          -29.65     0.000
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Dependent variable: Ya pear import price.
Instruments: Constant, fruit expenditures, time index.
Observations: 4 [1998-2001].
Standard error of the regression: 0.03.
Coefficient of determination: 1.00.
F-Stat (over-identifying restrictions): 1.99 [0.29].
* Sources for the 1996-2001 data are reported in the text (See Benefits and Costs) and in table 1. Estimates
  were obtained using the TSP statistical analysis software package.

Conclusion

    We expect that allowing the importation of fragrant pears from 
China would likely not have a significant negative economic impact on a 
substantial number of small entities in the short run. If imports of 
fragrant pears increase over time, as has been the case for U.S. Ya 
pear imports and Canadian Ya and fragrant pear imports, it is possible 
that fragrant pears could compete with some varieties of domestically 
produced pears, leading to profit losses for small pear producers in 
the United States. However, under these circumstances, profit losses 
for small pear producers would be offset by profit gains for small pear 
importers. That is, even if fragrant pear imports compete with domestic 
pears in the long run, the proposed rule may have positive net welfare 
impacts on small entities in the United States.
    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 would allow fragrant pears to be imported into 
the United States from the Korla region of Xinjiang Province in China. 
If this proposed rule is adopted, State and local laws and regulations 
regarding fragrant pears imported under this rule would be preempted 
while the fruit is in foreign commerce. Fresh fruits are generally 
imported for immediate distribution and sale to the consuming public 
and would remain in foreign commerce until sold to the ultimate 
consumer. The question of when foreign commerce ceases in other cases 
must be addressed on a case-by-case basis. If this proposed rule is 
adopted, no retroactive effect will be given to this rule, and this 
rule will not require administrative proceedings before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 02-049-1. 
Please send a copy of your comments to: (1) Docket No. 02-049-1, 
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.
    This proposed rule would allow the importation of fragrant pears 
from China under certain conditions. As a condition of entry, fragrant 
pears from China would have to be grown in the Korla region of Xinjiang 
Province in a production site that is registered with the national 
plant protection organization of China. The fragrant pears would be 
subject to inspection. In addition, the pears would have to be packed 
in insect-proof containers that are labeled in accordance with the 
regulations and safeguarded from pest infestation during transport to 
the United States. Finally, fragrant pears could only be imported under 
a permit issued by APHIS and each shipment of pears would have to be 
accompanied by a phytosanitary certificate issued by the national plant 
protection organization of China stating that the conditions of the 
regulations have been met and that the shipment has been inspected and 
found free of quarantine pests.
    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

[[Page 28166]]

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 0.4294 hours per response.
    Respondents: Exporters, Producers, State and Regulatory Officials.
    Estimated annual number of respondents: 130.
    Estimated annual number of responses per respondent: 1.3076.
    Estimated annual number of responses: 170.
    Estimated total annual burden on respondents: 73 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.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

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 continue 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.

    2. A new Sec.  319.56-2kk would be added to read as follows:


Sec.  319.56-2kk  Administrative instructions: Conditions governing the 
entry of fragrant pears from China.

    Fragrant pears may be imported into the United States from China 
only under the following conditions:
    (a) Origin, growing, and harvest conditions. (1) The pears must 
have been grown in the Korla region of Xinjiang Province in a 
production site that is registered with the national plant protection 
organization of China.
    (2) All propagative material introduced into a registered 
production site must be certified free of the pests listed in this 
section by the national plant protection organization of China.
    (3) Within 30 days prior to harvest, the national plant protection 
organization of China or officials authorized by the national plant 
protection organization of China must inspect the registered production 
site for signs of pest infestation and allow APHIS to monitor the 
inspections. The national plant protection organization of China must 
provide APHIS with information on pest detections and pest detection 
practices, and APHIS must approve the pest detection practices.
    (4) If any of the quarantine pests listed in this section are found 
during the pre-harvest inspection or at any other time, the national 
plant protection organization of China must notify APHIS immediately.
    (i) Upon detection of Oriental fruit fly (Bactrocera dorsalis,) 
APHIS may reject the lot or consignment and may prohibit the 
importation into the United States of fragrant pears from China until 
an investigation is conducted and APHIS and the national plant 
protection organization of China agree that appropriate remedial action 
has been taken.
    (ii) Upon detection of peach fruit borer (Carposina sasaki,) yellow 
peach moth (Conogethes punctiferalis,) apple fruit moth (Cydia 
inopinata), Hawthorn spider mite (Tetranychus viennensis), red plum 
maggot (Cydia funebrana), brown rot (Munilinia fructigena,) Asian pear 
scab (Venturia nashicola,) pear trellis rust (Gymnosporangium fuscum,) 
or Asian pear black spot (Alternaria spp.), APHIS may reject the lot or 
consignment and may prohibit the importation into the United States of 
fragrant pears from the production site for the season. The exportation 
to the United States of fragrant pears from the production site may 
resume in the next growing season if an investigation is conducted and 
APHIS and the national plant protection organization of China agree 
that appropriate remedial action has been taken. If any of these pests 
is detected in more than one registered production site, APHIS may 
prohibit the importation into the United States of fragrant pears from 
China until an investigation is conducted and APHIS and the national 
plant protection organization of China agree that appropriate remedial 
action has been taken.
    (5) After harvest, the national plant protection organization of 
China or officials authorized by the national plant protection 
organization of China must inspect the pears for signs of pest 
infestation and allow APHIS to monitor the inspections.
    (6) Upon detection of large pear borer (Numonia pivivorella,) pear 
curculio (Rhynchites fovepessin,) or Japanese apple curculio (R. 
heros,) APHIS may reject the lot or consignment.
    (b) Packing requirements. (1) The fragrant pears must be packed in 
insect-proof containers that are labeled in accordance with Sec.  
319.56-2(g).
    (2) The fragrant pears must be held in a cold storage facility 
while awaiting export. If fruit from unregistered production sites are 
stored in the same facility, the fragrant pears must be isolated from 
that other fruit.
    (c) Shipping requirements. (1) All pears must be safeguarded during 
transport to the United States in a manner that will prevent pest 
infestation.
    (2) Fragrant pears may only be imported under a permit issued by 
APHIS in accordance with Sec.  319.56-4.
    (3) Each shipment of pears must be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of 
China stating that the conditions of this section have been met and 
that the shipment has been inspected and found free of the pests listed 
in this section.

    Done in Washington, DC, this 16th day of May 2003 .
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12987 Filed 5-22-03; 8:45 am]
BILLING CODE 3410-34-P