[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Rules and Regulations]
[Pages 72881-72892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23790]



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  Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / 
Rules and Regulations  

[[Page 72881]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 319

[Docket No. 03-048-2]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the fruits and vegetables regulations to list 
a number of fruits and vegetables from certain parts of the world as 
eligible, under specified conditions, for importation into the United 
States. Many of these fruits and vegetables have been eligible for 
importation under permit, but were not specifically listed in the 
regulations. All of the fruits and vegetables, as a condition of entry, 
will be inspected and subject to treatment at the port of first arrival 
as may be required by an inspector. In addition, some of the fruits and 
vegetables will be required to be treated or meet other special 
conditions. We are also recognizing areas in several countries as free 
from certain fruit flies; adding, modifying, or removing certain 
definitions; modifying existing treatment requirements for specified 
commodities; and making other miscellaneous changes. These actions will 
improve the transparency of our regulations while continuing to protect 
against the introduction of quarantine pests through imported fruits 
and vegetables.

EFFECTIVE DATE: December 8, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import 
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1228; (301) 734-8758.

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.
    On March 31, 2005, we published in the Federal Register (70 FR 
16431-16445, Docket No. 03-048-1) a proposal to amend the regulations 
to list a number of fruits and vegetables from certain parts of the 
world as eligible, under specified conditions, for importation into the 
United States. Many of these fruits and vegetables have been eligible 
for importation under permit, but were not specifically listed in the 
regulations. We also proposed to recognize areas in several countries 
as free from certain fruit flies; add an alternative treatment for 
specified commodities; provide for the importation of untreated citrus 
from Mexico for processing under certain conditions; eliminate or 
modify existing treatment requirements for specified commodities; and 
to add, modify, or remove certain definitions and make other 
miscellaneous changes.
    We solicited comments concerning our proposal for 60 days ending 
May 31, 2005. We received 29 comments by that date. They were from 
representatives of State governments, industry organizations, importers 
and exporters, producers, scientists, and individuals. Eight of the 
commenters wrote specifically to support the addition of two new areas 
of Brazil to the list of localities eligible to export papayas to the 
United States, and a ninth commenter supported the proposed rule in 
general. Another commenter wrote to oppose the proposed rule in 
general, but offered no specific information for our consideration. The 
remaining comments are discussed below by topic.

Untreated Citrus From Mexico

    Several of the commenters raised concerns regarding the proposed 
provisions that would have allowed the importation of untreated citrus 
from Mexico into the United States for processing. In order to give us 
additional time to consider the issues raised by the commenters 
regarding untreated Mexican citrus without delaying final action on the 
other aspects of the proposed rule, we will not be finalizing the 
provisions regarding the importation of untreated citrus from Mexico 
into the United States for processing in this final rule. We will issue 
another document in the Federal Register in the future regarding the 
importation of untreated citrus from Mexico into the United States for 
processing.

Blueberries From South America

    Under the regulations in Sec.  319.56-2x, blueberries (Vaccinium 
spp.) from Argentina, Bolivia, Ecuador, and Peru may be imported into 
the United States provided that they are treated with methyl bromide or 
irradiation to mitigate the risk presented by the Mediterranean fruit 
fly (Medfly, Ceratitis capitata).
    We proposed to remove the treatment requirement for blueberries 
from those countries based on research and reports indicating that 
blueberries were not a host for Medfly in South America. In addition, 
we proposed to add Colombia, a country where Medfly is present, to the 
list of countries eligible to export blueberries to the United States. 
The pest risk assessment we prepared with regard to the importation of 
blueberries from Colombia concluded that there are no quarantine pests 
associated with blueberries from Colombia that are likely to follow the 
import pathway (although Medfly is present in Colombia, the pest risk 
assessment reflected the research and reports indicating that 
blueberries were not a host for Medfly in South America). Therefore, we 
proposed to allow blueberries to be imported from Colombia without 
treatment.
    In response to our proposed rule, we received several comments 
indicating that there is a credible possibility that blueberries are in 
fact a host for Medfly in South America. Among the commenters were 
several South American blueberry producers who urged us to delay final 
action regarding the Medfly host status of blueberries until additional 
research can be conducted. These commenters stated they wished to avoid 
the market disruptions that would occur if blueberries were imported 
into the United States without treatment and

[[Page 72882]]

subsequently found to be infested with Medfly.
    Based on these comments, we have decided not to finalize our 
proposed removal of the treatment requirement for blueberries from 
Argentina, Bolivia, Ecuador, and Peru. With respect to blueberries from 
Colombia, this final rule will authorize their importation under Sec.  
319.56-2x (i.e., as a commodity enterable with treatment) rather than 
under Sec.  319.56-2t as we had proposed. We believe that the pest risk 
assessment prepared for blueberries from Colombia still provides a 
basis for allowing their entry; however, our change in approach with 
respect to the Medfly host status of blueberries necessitates that the 
fruit be treated as a condition of entry. The treatment for blueberries 
from Colombia will be the same as for blueberries from Argentina, 
Bolivia, Ecuador, and Peru, i.e., fumigation with methyl bromide or 
irradiation; this final rule also amends the list of treatments in 
Sec.  305.2(h)(2)(i) of the phytosanitary treatments regulations to 
indicate the applicability of those treatments.
    We intend to work with the Department's Agricultural Research 
Service on studies that will allow us to determine with greater 
certainty the Medfly host status of blueberries in South America as 
well as research into the efficacy of alternatives, such as cold 
treatment, to methyl bromide fumigation and irradiation.
    One commenter stated he was interested in knowing which data 
sources were used to determine the pest status of blueberries in 
Colombia and whether or not that information will be considered prior 
to these blueberries entering the United States.
    As mentioned previously, we did prepare a pest risk assessment 
relative to the importation of blueberries from Colombia. That risk 
assessment, titled ``Importation of Fresh Blueberry (Vaccinium spp.) 
into the Continental United States from Colombia,'' was made available 
to the public in the proposed rule. The pest risk assessment cites the 
sources of the data used in the document and was, as noted above, 
considered in the preparation of the proposed rule and this final rule.

Root Crops From Mexico and China

    We proposed to add Swiss chard (Beta vulgaris var. cicla) from 
Mexico and ginger root (Zingiber officinale) from China to the list in 
Sec.  319.56-2t of fruits and vegetables that may be imported into the 
United States in accordance with the inspection and disinfection 
requirements of Sec.  319.56-6 and all other applicable requirements of 
the regulations. The proposed admissible plants parts were ``whole 
plant'' for Swiss chard from Mexico and ``root'' for ginger root from 
China. We noted that both of these commodities have been imported into 
the United States under permit since before 1992 and that their 
addition to the list in Sec.  319.56-2t would serve to improve the 
transparency of our regulations.
    One commenter stated that the potato pathotype of the false root-
knot nematode (Nacobbus aberrans) is of concern with regard to Swiss 
chard imported from Mexico. The false root-knot nematode is a 
quarantine pest present in Mexico and is known to infest Swiss chard.
    In response to this comment, this final rule provides that the 
admissible plant parts of Swiss chard from Mexico will be leaves and 
stem, rather than the whole plant as we proposed. Since the false root-
knot nematode only infests the roots of Swiss chard and other plants 
and is not known to be carried in either the leaves or stem in trade or 
transport, this measure will be sufficient to prevent the introduction 
of false root-knot nematode in shipments of Swiss chard from Mexico.
    The same commenter further stated that ginger root from China is an 
excellent host of the burrowing nematode (Radopholus similis) and root-
knot nematodes of the genus Meloidogyne, and that root-knot nematode 
species that attack citrus are present in China and may infest ginger 
root as well. The commenter stated that evidence of infestation by such 
nematodes is more difficult to detect than evidence of arthropod 
infestation.
    A review of our port interception records for the past 20 years 
reveals seven interceptions of root-knot nematodes in ginger root. 
Those interceptions were made in shipments from Jamaica, Haiti, 
Thailand, and Korea. There have been no interceptions of root-knot 
nematodes in ginger root from China.
    Furthermore, both the burrowing nematode and root-knot nematodes 
exhibit symptoms that are macroscopic and detectable upon visual 
inspection. Specifically:
     Infestation by burrowing nematodes is evidenced by small, 
shallow, sunken, water-soaked lesions on the root.
     Root-knot nematodes cause galling of the root system which 
is often accompanied by a proliferation of small roots at the site of 
the gall.
    Our interception records coupled with these macroscopic symptoms of 
infestation lead us to believe that port of entry inspection is 
adequate to mitigate the risk posed by burrowing nematode and root-knot 
nematodes in ginger root from China.
    Finally, the commenter recommended that a complete risk analysis be 
conducted with regard to the possible introduction of these nematodes 
with commodities from Mexico and China.
    As noted previously and in the proposed rule, both of these 
commodities have been enterable under permit since before 1992. Before 
those permits were issued, APHIS staff assessed the risk associated 
with each commodity and documented the results of that assessment in a 
decision sheet,\1\ which was the reporting tool we used before we began 
routinely preparing pest risk assessments according to the guidelines 
provided by the Food and Agriculture Organization and the North 
American Plant Protection Organization. Given that we have already 
assessed the risks associated with the two commodities and numerous 
subsequent inspections of consignments of those commodities from Mexico 
and China have yielded no interceptions of quarantine pests, we do not 
believe an additional risk analysis is necessary.
---------------------------------------------------------------------------

    \1\ Decision sheets contain relatively the same information that 
is contained in modern pest risk assessments, but without the 
standardized format.
---------------------------------------------------------------------------

Papaya From Brazil and Nicaragua

    The regulations in Sec.  319.56-2w provide that papayas from 
certain areas in Central America and Brazil may be imported into the 
United States if they are grown, treated, packed, labeled, and shipped 
according to certain specifications to prevent the introduction of 
fruit flies into the United States. Papayas from those areas listed in 
Sec.  319.56-2w(a) may be imported into the United States only if they 
meet a series of 10 conditions which we have determined to be 
sufficient to prevent the introduction of fruit flies into the United 
States (those conditions can be found in paragraphs (b) through (k) of 
Sec.  319.56-2w). We proposed to amend Sec.  319.56-2w(a) by adding two 
new areas of Brazil and one new area of Nicaragua to the list of 
localities eligible to export papayas to the United States.
    One commenter stated that Medfly and South American fruit fly 
(Anastrepha fraterculus) are present in Brazil and Medfly is present in 
Nicaragua, and that both pests are known to attack papaya. The 
commenter stated that before he could endorse the proposal to allow 
papaya from Brazil and Nicaragua to be imported into the United States, 
he would like the opportunity to review the 10 conditions

[[Page 72883]]

under which fruit will be acceptable as uninfested.
    As noted above and in the proposed rule, the 10 conditions can be 
found in paragraphs (b) through (k) of the regulations Sec.  319.56-2w. 
Those provisions were added to the regulations in March 1998 and have 
been successfully used since that time to provide for the importation 
of papayas from various countries in Central America and South America.

Citrus From the Dominican Republic

    We proposed to add several citrus fruits (grapefruit, lemon, 
orange, sour lime, and tangerine) from the Dominican Republic to the 
list in Sec.  319.56-2t of fruits and vegetables that may be imported 
into the United States in accordance with the inspection and 
disinfection requirements of Sec.  319.56-6 and all other applicable 
requirements of the regulations. As is the case with the Swiss chard 
and ginger discussed earlier in this final rule, those citrus fruits 
have been imported into the United States under permit since before 
1992 and their addition to the list in Sec.  319.56-2t would serve to 
improve the transparency of our regulations.
    One commenter noted that the State of California maintains an 
exterior quarantine and an ongoing detection program for Caribbean 
fruit fly (Anastrepha suspensa), a pest known to occur in the Dominican 
Republic. The commenter noted that an approved and certified treatment 
is necessary to prevent host fruit infested with Caribbean fruit fly 
from entering California and asked that APHIS recognize this special 
local need when developing its final rule.
    Under the International Plant Protection Convention (IPPC), to 
which the United States is a signatory, and our regulations in Sec.  
319.56, a quarantine pest is defined as ``a pest of potential economic 
importance to the area endangered thereby and not yet present there, or 
present but not widely distributed and being officially controlled.'' 
Caribbean fruit fly is present in Florida, where a State protocol 
provides for the establishment of specific A. suspensa controlled areas 
(designated areas) from which fresh fruits may be certified for export. 
However, that protocol is not currently regarded as an official control 
program and APHIS does not consider Caribbean fruit fly to be a 
quarantine pest. Therefore, we do not regulate imports of citrus from 
the Dominican Republic to protect against entry of this pest.

Medfly-Free Area in Argentina

    We proposed to recognize the Patagonia region of Argentina as free 
of Medfly and Anastrepha spp. fruit flies. The Patagonia region 
includes those areas along the valleys of the Rio Colorado and Rio 
Negro rivers and includes the provinces of Neuquen, Rio Negro, Chubut, 
Santa Cruz, and Tierra del Fuego.
    One commenter, apparently believing that this aspect of the 
proposal was limited to recognizing only Medfly-free areas, asked if 
the Patagonia region was also free of South American fruit fly 
(Anastrepha fraterculus). The commenter stated that if this has not 
been verified, he would recommend that this aspect of the proposal not 
be finalized.
    In the proposed rule, we explained that Argentina had provided us 
with fruit fly survey data that demonstrates that the Patagonia region 
meets the criteria of Sec.  319.56-2(f) for area freedom from Medfly 
and other fruit flies (i.e., Anastrepha spp. fruit flies). Those survey 
data were made available for review in the proposed rule. We also 
explained that, through site visits by APHIS officials, we had 
successfully verified this area's status as a fruit fly-free zone. In 
response to the commenter's specific question, we have verified that 
the Patagonia region of Argentina is free of South American fruit fly.
    On the same subject, another commenter stated that carving out a 
Medfly-free area within a pest-infested area is questionable, given 
that pests do not read signs nor do they understand boundaries. The 
commenter further maintained that the Argentine Government has a 
history of not reporting pests or disease issues in a timely manner.
    As noted above, the fruit fly-free status of the Patagonia region 
was demonstrated through survey data provided by the Argentine 
Government and verified during site visits by APHIS officials. Through 
those means, we determined that the Patagonia region of Argentina meets 
the criteria of Sec.  319.56-2(f) for area freedom from Medfly and 
Anastrepha spp. fruit flies. Under Sec.  319.56-2(f), the Administrator 
determines that an area is free of a pest or pests in accordance with 
the criteria for establishing freedom found in International Standard 
for Phytosanitary Measures Publication No. 4, ``Requirements for the 
Establishment of Pest Free Areas.'' That international standard was 
established by the IPPC and is incorporated by reference into our 
regulations. APHIS must approve the survey protocol used to determine 
pest-free status, and pest-free areas are subject to audit by APHIS to 
verify their status. We would hope that the active involvement of APHIS 
in approving survey protocols and auditing pest-free areas would allay 
the commenter's misgivings about the Argentine Government's reporting 
history.

Inspection Capabilities

    Two commenters raised concerns related to the transfer of port 
inspection responsibilities from APHIS to the Department of Homeland 
Security's (DHS) Bureau of Customs and Border Protection (CBP). These 
commenters stated that staffing levels for pest exclusion programs were 
too low, that there had not been sufficient pest exclusion training 
provided for those CBP personnel who came from agencies other than 
APHIS, and that CBP inspectors are more focused on security issues than 
phytosanitary inspection. The commenters stated that these issues must 
be addressed before APHIS issues new regulations that could overwhelm 
what they perceive to be an already weakened system.
    With respect to staffing levels, there was an initial drop in the 
number of inspectors following the transfer of port inspection 
responsibilities from APHIS to DHS in June 2003: APHIS transferred 
1,507 agriculture inspectors to DHS, but by October 2004, the number of 
inspectors had decreased to 1,452. However, the loss of those 55 
inspectors was more than offset by February 2005, at which time 109 new 
agricultural specialists had completed New Officer Training and were 
working at ports of entry. In addition, DHS has approved 14 training 
classes for new officers which began in the summer of 2004 and will 
continue through January 2006. DHS estimates that these training 
classes will result in a total of 720 new officers.
    With respect to training, there was a need to provide pest 
exclusion training to those Immigration and Naturalization Service, 
U.S. Border Patrol, and U.S. Customs Service personnel who were 
transferred to CBP, just as the mission of CBP dictated the need to 
provide cross-training in other specialties to those APHIS personnel 
who were transferred to CBP. Planning and delivering training for all 
these personnel necessarily had to be accomplished over time, but all 
CBP inspection personnel have now been fully and satisfactorily trained 
in pest exclusion.
    Finally, security issues are certainly a focus for CBP personnel, 
but that does not come at the expense of phytosanitary inspections. 
While CBP

[[Page 72884]]

conducts a majority of inspections of agricultural commodities at the 
ports of first arrival, inspectors follow established and effective 
APHIS protocols regarding inspection rates and procedures. APHIS 
continues to work with CBP to ensure that the United States is 
protected against pests of concern that may be associated with 
agricultural imports.

Market Access

    One commenter stated that APHIS must do more to provide market 
access to developing nations. To that end, the commenter suggested that 
APHIS should create pre-approval locations overseas, which the 
commenter stated CBP has already done, and allow returning travelers to 
bring pre-screened fruits and vegetables back to the United States with 
them. APHIS could then approve or discard the items and issue permits 
on the spot, which the commenter stated CBP is already doing.
    It appears that the commenter is unclear regarding the respective 
roles of APHIS and CBP in the scenario he describes. CBP has the 
primary responsibility for agricultural inspections at ports of entry, 
not APHIS, and it appears that the commenter is satisfied with CBP's 
approach to travelers returning to the United States with fruits or 
vegetables. There is no need--nor is there any authority--for APHIS to 
establish a parallel system.
    The same commenter stated that APHIS should guarantee market access 
to fruit and vegetable producers in developing countries.
    We cannot guarantee blanket access to the U.S. market to producers 
in any country. In order to maintain the safeguards necessary to 
protect American agriculture, we must first assess the phytosanitary 
risks associated with the importation of a particular fruit or 
vegetable from a potential exporting country. Only after such an 
assessment would we be able to make a decision to allow the importation 
of that commodity.

Other Changes in This Final Rule

    We proposed to remove the specific treatment schedules presented in 
Sec. Sec.  319.56-2k(d), 319.56-2m(b), and 319.56-2n(b) and replace 
them with references to the Plant Protection and Quarantine (PPQ) 
Treatment Manual. Those schedules were found in both the regulations 
and the PPQ Treatment Manual, so our proposed changes were intended to 
eliminate that duplicative presentation. Since the proposed rule was 
published, however, we have moved those treatment schedules out of the 
PPQ Treatment Manual and into the regulations in 7 CFR part 305. 
Therefore, where the proposed rule would have added a reference to the 
PPQ Treatment Manual, this final rule adds a reference to 7 CFR part 
305.
    In Sec.  319.56-2x, the entries we proposed to add under Argentina 
all included the statement ``Treatment for Mediterranean fruit fly 
(Medfly) not required if fruit is grown in a Medfly-free area (see 
Sec.  319.56-2(j)).'' As indicated in the table of treatments in Sec.  
305.2(h)(2)(i), the fruits we proposed to add are treated for species 
of Anastrepha (other than A. ludens) in addition to Medfly. As 
discussed earlier in this document, we are amending Sec.  319.56-2(j) 
to recognize the Patagonia region of Argentina as free of Medfly and 
Anastrepha spp. fruit flies. Therefore, in Sec.  319.56-2x in this 
final rule, the entries we are adding under Argentina include the more 
accurate statement ``Treatment for Anastrepha spp. fruit flies and 
Medfly not required if fruit is grown in a fruit fly-free area (see 
Sec.  319.56-2(j)).'' Because we will not be removing the entry for 
blueberries from Argentina from Sec.  319.56-2x as we had proposed, we 
have amended that entry to include a statement that treatment for 
Medfly is not required if the fruit is grown in a fruit fly-free area 
listed in Sec.  319.56-2(j).
    Also in Sec.  319.56-2x, in the entry for Israel, we proposed to 
change the common name for ``cactus'' to ``tuna.'' The proposed new 
entry for tuna included a statement that treatment for Medfly is not 
required if the fruit is grown in a Medfly-free area listed in Sec.  
319.56-2(j). However, there are no Medfly-free areas of Israel listed 
in Sec.  319.56-2(j), so that statement does not appear in this final 
rule.
    We proposed to amend Sec.  319.56-2c by removing a reference to the 
Deputy Administrator of PPQ and adding a reference to the Administrator 
in its place. After the proposed rule was published, Sec.  319.56-2c 
was revised by another rule and the change we had proposed is no longer 
necessary.
    Finally, the additional restrictions in Sec.  319.56-2t(b)(1)(ii) 
have referred to Medfly-free areas listed in Sec.  319.56-2(j). Because 
this rule amends Sec.  319.56-2(j) to list areas of Argentina that are 
free of both Medfly and Anastrepha spp. fruit flies, we have amended 
paragraph (b)(1)(ii) in Sec.  319.56-2t so that it uses the more 
generic term ``fruit-fly free areas.''
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    This rule relieves restrictions on the importation of certain 
fruits and vegetables from certain countries while continuing to 
protect against the introduction of plant pests into the United States. 
Immediate implementation of this rule is necessary to provide relief to 
those persons who are adversely affected by restrictions we no longer 
find warranted. Making this rule effective immediately will allow 
interested producers, importers, shippers, and others to benefit 
immediately from the relieved restrictions. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be effective upon publication in the 
Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this rule on small entities.
    This final rule amends the fruits and vegetables regulations to 
list a number of fruits and vegetables from certain parts of the world 
as eligible, under specified conditions, for importation into the 
United States. Many of these fruits and vegetables have been eligible 
for importation under permit, but were not specifically listed in the 
regulations. This final rule also recognizes areas in several countries 
as free from certain fruit flies; adds, modifies, or removes certain 
definitions; modifies existing treatment requirements for specified 
commodities; and makes other miscellaneous changes.
    We have used all available data to estimate the potential economic 
effects of allowing the fruits and vegetables specified in this rule to 
be imported into the United States. However, some of the data we 
believe would be helpful in making this determination have not been 
available. Specifically, data are not available on: (1) The quantity of 
certain fruits and vegetables produced domestically; (2) the quantity 
of potential imports; and (3) the degree to

[[Page 72885]]

which imported fruits and vegetables will displace existing imported or 
domestic products. In our proposed rule, we asked the public to provide 
such data for specific commodities. In addition, we invited the public 
to comment on the potential effects of the proposed rule on small 
entities, in particular the number and kind of small entities that may 
incur benefits or costs from the implementation of the proposed rule. 
However, we did not receive any additional information or data in 
response to those requests.

Effects on Small Entities

    The Regulatory Flexibility Act requires agencies to consider the 
economic impact of their regulations on small entities and to use 
flexibility to provide regulatory relief when regulations create 
economic disparities between differently sized 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 listed below are small.
    As discussed in the proposed rule and in this final rule, many of 
the commodities listed in this document may currently enter the United 
States under permit. Therefore, we do not expect the amount of 
commodities submitted for importation to increase beyond current 
levels. Additionally, in many cases, importation of certain commodities 
is necessary given that the commodities are not grown extensively in 
the United States (e.g., bananas, breadfruits, cassavas, chicory, 
dasheens, genip, kiwis, papayas, pineapples, jicama, and tomatillos). 
In other instances, importation augments domestic supplies that are not 
sufficient to meet consumer demand (e.g., apples, blackberries, 
blueberries, carrots, cherries, cucumbers, garlic, onions, pears, 
raspberries, and strawberries). We believe that the economic effects of 
this rule in general will be small, and that the benefits that will 
accrue to consumers from greater trade will outweigh the costs to 
domestic producers.
    With respect to those articles for which we have specific data, the 
potential economic effects of this final rule are discussed below by 
commodity and country of origin.
    Blueberries from Colombia. The United States is the world's largest 
producer of blueberries, supplying more than half of the world's 
production. Maine and Michigan account for more than half of all U.S. 
domestic blueberry production. According to the 1997 Census of 
Agriculture, there were 637 farms in Maine and 623 farms in Michigan 
harvesting blueberries. (The 2002 Census of Agriculture does not 
provide information on the number or location of blueberry farms.) 
Average annual U.S. production, imports, and exports of blueberries for 
the period 2000-2003 were 123,832 metric tons (MT), 20,820 MT, and 
18,933 MT, respectively (http://faostat.fao.org).
    Demand for blueberries in the United States has generally been on 
the rise: Per capita fresh blueberry consumption averaged 0.20 pound 
annually during the early 1990s and increased to 0.34 pound during 
2000-2003. Imports have provided U.S. consumers access to fresh 
blueberries at retail grocery stores during the domestic off-season.
    There are no official data available on blueberry production or 
trade by Colombia. Colombia has never exported blueberries to the 
United States before. However, a prospective Colombian exporter has 
projected blueberry exports to the United States over the next 6 years 
(table 1). Based on these numbers, Colombia could export 10.2 metric 
tons of blueberries to the United States in 2006, an amount equal to 
0.05 percent of average annual U.S. imports during the period 2000-2003 
of 20,820 MT. The same set of projections indicates that blueberry 
imports from Colombia could increase to about 251 MT per year by 2011, 
which would represent 1.2 percent of U.S. annual imports, 2000-2003. We 
do not expect that the economic effects resulting from imports at those 
levels would be substantial.

   Table 1.--Projected Colombian Exports of Blueberries to the United
                                 States
------------------------------------------------------------------------
                            Year                                Volume
------------------------------------------------------------------------
2006........................................................    10.20 MT
2007........................................................    30.00 MT
2008........................................................    60.00 MT
2009........................................................   102.00 MT
2010........................................................   135.00 MT
2011........................................................   250.80 MT
------------------------------------------------------------------------

    Papayas from Brazil and Central America. We are listing two 
additional growing areas in Brazil (the States of Bahia and Rio Grande 
del Norte) and one additional area in Nicaragua (the Department of 
Leon) as eligible to export papayas into the United States. Brazil is 
currently eligible to export papayas into the United States from the 
State of Espirito Santo. Nicaragua is currently eligible to export 
papayas into the United States from the Departments of Carazo, Granada, 
Managua, Masaya, and Rivas.
    Papaya production levels in the United States are small, with a 
majority of papaya production occurring in Florida. Between 2000 and 
2003, Brazil represented, on average, 9 percent of the total U.S. 
imports of papayas. The addition of two more Brazilian States to the 
list of areas eligible for export is expected to increase the Brazilian 
share in the U.S. market for imported papayas. Brazil is a major 
producer of papayas, however only 1.6 percent of its production is 
exported. The rest is reserved for domestic consumption.
    The United States imports four times the amount of papayas produced 
domestically, while, as stated previously, the amount of Brazilian 
papayas imported into the United States accounts for, on average, 9 
percent of the total U.S. imports of papayas. Even if Brazil greatly 
increases its exports to the United States, it is more likely to 
displace other countries' shares of total U.S. imports than to affect 
the overall level of U.S. consumption. The economic impact resulting 
from this change will not be substantial.
    There are no official production data available for papayas 
produced in Nicaragua. However, the existing trade data show that 
Nicaragua has historically exported papayas very sporadically. For 
example, between 1997 and 2001, Nicaragua did not export any papayas. 
In 2002, 203 metric tons were exported to the world; the following 
year, 18 metric tons were exported. Nicaragua did not export any 
papayas to the United States over that time period despite the fact 
that there are five approved exporting regions in Nicaragua. Therefore, 
the addition of one more eligible exporting area to the list should not 
have any substantial impact on the U.S. papaya market.
    Fruit Fly Free Areas. We are allowing fruits to be imported into 
the United States from a new Medfly-free area in Argentina. We have 
determined that the Patagonia region of Argentina is free of those 
pests. The Patagonia region includes those areas along the valleys of 
the Rio Colorado and Rio Negro rivers and includes the provinces of 
Neuquen, Rio Negro, Chubut, Santa Cruz, and Tierra del Fuego.
    Fruits from Argentina (apple, apricot, cherry, kiwi, nectarine, 
peach, pear, plum, pomegranate, and quince) are already admissible into 
the United States under permit from Argentina. The creation of a 
Medfly-free area would lessen certain treatment requirements, thus 
lowering the cost for exporters. This may, in turn, result in a lower 
cost

[[Page 72886]]

for consumers. Further, as a country in the Southern Hemisphere, 
Argentina's growing seasons are the opposite of those in the United 
States. An increased supply of Argentine fruit supplements the U.S. 
winter fruit market. However, we do not anticipate that this 
potentially increased supply will be large enough to have any 
substantial impact on small entities.
    This rule contains various recordkeeping requirements, which were 
described in our proposed rule, and which have been approved by the 
Office of Management and Budget (see ``Paperwork Reduction Act'' 
below).

Executive Order 12988

    This final rule allows certain fruits and vegetables to be imported 
into the United States from certain parts of the world. State and local 
laws and regulations regarding the importation of fruits and vegetables 
under this rule will be preempted while the fruit is in foreign 
commerce. Fresh fruits and vegetables are generally imported for 
immediate distribution and sale to the consuming public, and remain in 
foreign commerce until sold to the ultimate consumer. No retroactive 
effect will be given to this rule, and this rule will not require 
administrative proceedings before parties may file suit in court 
challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0264.

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 rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects

7 CFR Part 305

    Irradiation, Phytosanitary treatment, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements.

7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.


0
Accordingly, we are amending 7 CFR parts 305 and 319 as follows:

PART 305--PHYTOSANITARY TREATMENTS

0
1. The authority citation for part 305 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. In Sec.  305.2, the table in paragraph (h)(2)(i) is amended by 
adding, under Colombia, an entry for blueberry, in alphabetical order, 
to read as follows.


Sec.  305.2  Approved treatments.

* * * * *
    (h) * * *
    (2) * * *
    (i) * * *

----------------------------------------------------------------------------------------------------------------
              Location                      Commodity                 Pest              Treatment  schedule\1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Colombia
 
                                                  * * * * * * *
                                     Blueberry.............  Ceratitis capitata....  MB T101-i-1-1.
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Treatment by irradiation in accordance with Sec.   305.31 may be substituted for other approved treatments
  for the mango seed weevil Sternochetus mangiferae (Fabricus) or for one or more of the following 11 species of
  fruit flies: Anastrepha fraterculus, A. ludens, A. obliqua, A. serpentina, A. suspensa, Bactrocera cucurbitae,
  B. dorsalis, B. tryoni, B. jarvisi, B. latifrons, and Ceratitis capitata.

* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

0
3. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.56  [Amended]

0
4. Section 319.56 is amended as follows:
0
a. In paragraph (c), by removing the words ``Deputy Administrator of 
the Plant Protection and Quarantine Programs'' and adding the word 
``Administrator'' in their place.
0
b. By removing paragraphs (d) and (e).

0
5. Section 319.56-1 is amended as follows:
0
a. By removing the definitions for Deputy Administrator, fresh fruits 
and vegetables, and plants or portions of plants.
0
b. By adding, in alphabetical order, new definitions for Administrator, 
APHIS, fruits and vegetables, import and importation, plant debris and 
United States to read as set forth below.
0
c. By revising the definitions for cucurbits, inspector, and port of 
first arrival to read as set forth below.


Sec.  319.56-1  Definitions.

* * * * *
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
employee of the United States Department of Agriculture delegated to 
act in his or her stead.
    APHIS. The Animal and Plant Health Inspection Service, United 
States Department of Agriculture.
* * * * *
    Cucurbits. Any plants in the family Cucurbitaceae.
* * * * *
    Fruits and vegetables. A commodity class for fresh parts of plants 
intended for consumption or processing and not for planting.
* * * * *
    Import and importation. To move into, or the act of movement into, 
the territorial limits of the United States.

[[Page 72887]]

    Inspector. Any individual authorized by the Administrator of APHIS 
or the Commissioner of the Bureau of Customs and Border Protection, 
Department of Homeland Security, to enforce the regulations in this 
subpart.
* * * * *
    Plant debris. Detached leaves, twigs, or other portions of plants, 
or plant litter or rubbish as distinguished from approved parts of 
clean fruits and vegetables, or other commercial articles.
    Port of first arrival. The first point of entry into the United 
States where the consignment is offered for entry.
* * * * *
    United States. All of the States of the United States, the 
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, and any other territory or possession of the United States.

0
6. Section 319.56-2 is amended as follows:
0
a. In paragraph (a), by removing the words ``plants or portions of 
plants''and adding the words ``plant debris'' in their place.
0
b. By revising paragraph (g) to read as set forth below.
0
c. By revising paragraph (j) to read as set forth below.


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

* * * * *
    (g) Each box of fruit or vegetables imported into the United States 
in accordance with paragraphs (e) or (f) of this section must be 
safeguarded from infestation while in transit to the United States 
through any area that has not been designated as free from quarantine 
pests that attack the fruit or vegetable. Each box of fruit or 
vegetables imported into the United States in accordance with 
paragraphs (e)(3) or (4) and (f) of this section must be clearly 
labeled with:
    (1) The name of the orchard or grove of origin, or the name of the 
grower, and
    (2) The name of the municipality and State in which it was 
produced, and
    (3) The type and amount of fruit it contains.
* * * * *
    (j) The Administrator has determined that all Districts in Belize, 
all provinces in Chile except Arica, and the Department of Pet[eacute]n 
in Guatamala meet the criteria of paragraphs (e) and (f) of this 
section with regard to the insect pest Mediterranean fruit fly (Medfly) 
(Ceratitis capitata [Wiedemann]). Also, the Patagonia region of 
Argentina, including those areas along the valleys of the Rio Colorado 
and Rio Negro rivers and also including the provinces of Neuquen, Rio 
Negro, Chubut, Santa Cruz, and Tierra del Fuego, has been determined to 
meet the criteria of paragraphs (e) and (f) of this section with regard 
to Medfly and Anastrepha spp. fruit flies. Fruits and vegetables 
otherwise eligible for importation under this subpart may be imported 
from these areas without treatment for the specified pests.
* * * * *


Sec.  319.56-2d  [Amended]

0
7. Section 319.56-2d is amended as follows:
0
a. In paragraphs (b)(5)(v)(F), (b)(5)(vi)(G), and (b)(5)(vii)(K), by 
removing the word ``Deputy''.
0
b. In paragraphs (b)(7)(i) and (c), by removing the words ``Deputy 
Administrator of the Plant Protection and Quarantine Programs'' and 
adding the word ``Administrator'' in their place.


Sec.  319.56-2g  [Amended]

0
8. In Sec.  319.56-2g, the introductory text of paragraph (b)(1) is 
amended by removing the words ``Deputy Administrator of the Plant 
Protection and Quarantine Programs'' and adding the word 
``Administrator'' in their place.

0
9. In Sec.  319.56-2j, footnote 4 is revised to read as follows:


Sec.  319.56-2j  Conditions governing the entry of apples and pears 
from Australia (including Tasmania) and New Zealand.\4\
---------------------------------------------------------------------------

    \4\Apples and pears from Australia (excluding Tasmania) where 
certain tropical fruit flies occur are also subject to the 
irradiation requirements of part 305 of this chapter or the cold 
treatment requirements of Sec.  319.56-2d.


0
10. Section 319.56-2k is amended as follows:
0
a. By revising the introductory text of the section to read as set 
forth below.
0
b. By revising paragraph (a) to read as set forth below.
0
c. In paragraph (d), by removing the words ``the following fumigation 
schedule:'' and adding the words ``part 305 of this chapter.'' in their 
place, and by removing the subsequent table.
0
d. In paragraph (g), by removing the words ``The treatment prescribed 
in paragraph (d) of this section is'' and adding the words ``The 
treatments prescribed in part 305 of this chapter are'' in their place.


Sec.  319.56-2k  Administrative instructions prescribing method of 
fumigation of field-grown grapes from specified countries.

    Approved fumigation with methyl bromide at normal atmospheric 
pressure, in accordance with part 305 of this chapter, is hereby 
prescribed as a condition of entry under permit for all shipments of 
field-grown grapes from the continental countries of Asia, Europe, 
North Africa, and the Near East listed in paragraph (a) of this 
section. This fumigation shall be in addition to other conditions of 
entry for field-grown grapes from the areas named.
    (a) Continental countries of Asia, Europe, North Africa, and the 
Near East. The term ``continental countries of Asia, Europe, North 
Africa, and the Near East'' means Algeria, Armenia, Austria, 
Azerbaijan, Belarus, Bulgaria, Cyprus, Egypt, Estonia, France, Georgia, 
Germany, Greece, Hungary, Israel, Italy, Kazakhstan, Kyrgyzstan, 
Latvia, Libya, Lithuania, Luxembourg, Portugal, Republic of Moldova, 
Russian Federation, Spain, Switzerland, Syria, Tajikistan, 
Turkmenistan, Ukraine, and Uzbekistan.
* * * * *


Sec.  319.56-2l  [Amended]

0
11. In Sec.  319.56-2l, paragraph (b)(2)(ii) is amended by removing the 
words ``Deputy Administrator of the Plant Protection and Quarantine 
Programs'' both times they appear and adding the word ``Administrator'' 
in their place.


Sec.  319.56-2m  [Amended]

0
12. Section 319.56-2m is amended as follows:
0
a. In the introductory text of the section, by removing the words ``the 
following procedure'' and adding the words ``part 305 of this chapter'' 
in their place.
0
b. In paragraph (b), by removing the words ``the following schedule:'' 
and adding the words ``part 305 of this chapter.'' in their place, and 
by removing the subsequent table.
0
c. In paragraph (e), by removing the words ``paragraph (b) of this 
section'' and adding the words ``part 305 of this chapter'' in their 
place.


Sec.  319.56-2n  [Amended]

0
13. Section 319.56-2n is amended as follows:
0
a. In the introductory text of the section, by removing the words ``the 
procedures described in this section'' and adding the words ``part 305 
of this chapter'' in their place.
0
b. In the introductory text of paragraph (b), by removing the words 
``the following table:'' and adding the words ``part 305 of this 
chapter.'' in their place and by removing the subsequent table.
0
c. By removing paragraphs (b)(1) and (b)(2).

[[Page 72888]]

Sec.  319.56-2p  [Amended]

0
14. In Sec.  319.56-2p, paragraph (b)(7) is amended by removing the 
words ``Deputy Administrator of the Plant Protection and Quarantine 
Programs'' and adding the word ``Administrator'' in their place.

0
15. Section 319.56-2t is amended as follows:
0
a. In the table in paragraph (a), by revising the entry for jicama from 
Mexico and by adding, in alphabetical order, entries for the following 
fruits and vegetables to read as set forth below: Under Argentina, for 
allium, apple, apricot, cherry, kiwi, nectarine, peach, pear, plum, 
pomegranate, and quince; under Belgium, for cichorium; under Belize, 
for pepper; under Chile, for apple, asparagus, avocado, blackberry, 
cherry, pear, and raspberry; under China, for ginger root; under 
Colombia, for banana; under Costa Rica, for banana, carrot, and 
cucurbit; under Dominican Republic, for avocado, banana, breadfruit, 
cassava, celeriac, citrus, cucurbit, dasheen, genip, papaya, pepper, 
and pineapple; under Ecuador, for pineapple; under Guatemala, for 
banana, cichorium, cucurbit, and okra; under Honduras, for cucurbit and 
okra; under Israel, for basil; under Jamaica, for cucurbit and papaya; 
under Mexico, for artichoke, globe; artichoke, Jerusalem; basil, 
blackberry, celery, cichorium, dill, lettuce, oregano, pepper, 
raspberry, spinach, strawberry, Swiss chard, and tomatillo; under 
Netherlands, for cichorium, cucurbit, and eggplant; under Nicaragua, 
for banana and dasheen; under Panama, for cucurbit; under Peru, for 
banana; under Spain, for cucurbit and lemon; and under Trinidad and 
Tobago, for cucurbit.
0
b. By adding to the table in paragraph (a) new entries for ``Brazil'' 
and ``Venezuela'' read as set forth below.
0
c. In paragraph (b)(1)(ii), by removing the words ``Medfly-free'' both 
times they appear and adding the words ``fruit-fly free'' in their 
place.
0
d. By adding a new paragraph (b)(6) to read as set forth below.
0
e. By revising the OMB citation at the end of the section to read as 
set forth below.


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

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         Additional restrictions  (See
          Country/locality                 Common name              Botanical name               Plant part(s)          paragraph (b)  of this section.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Argentina..........................  Allium................  Allium spp.................  Whole plant................
                                     Apple.................  Malus domestica............  Fruit......................  (b)(1)(ii)
                                     Apricot...............  Prunus americana...........  Fruit......................  (b)(1)(ii)
 
                                                                      * * * * * * *
                                     Cherry................  Prunus avirum, P. cerasus..  Fruit......................  (b)(1)(ii)
 
                                                                      * * * * * * *
                                     Kiwi..................  Actinidia deliciosa........  Fruit......................  (b)(1)(ii)
 
                                                                      * * * * * * *
                                     Nectarine.............  Prunus persica var.          Fruit......................  (b)(1)(ii)
                                                              nucipersica.
 
                                                                      * * * * * * *
                                     Peach.................  Prunus persica var. persica  Fruit......................  (b)(1)(ii)
                                     Pear..................  Pyrus communis.............  Fruit......................  (b)(1)(ii)
                                     Plum..................  Prunus domestica subsp.      Fruit......................  (b)(1)(ii)
                                                              domestica.
                                     Pomegranate...........  Punica granatum............  Fruit......................  (b)(1)(ii)
                                     Quince................  Cydonia oblonga............  Fruit......................  (b)(1)(ii)
 
                                                                      * * * * * * *
Belgium............................  Cichorium.............  Cichorium spp..............  Above ground parts.........  (b)(6)(i)
 
                                                                      * * * * * * *
Belize
 
                                                                      * * * * * * *
                                     Pepper................  Capsicum spp...............  Fruit......................  (b)(6)(ii)
 
                                                                      * * * * * * *
Brazil.............................  Dasheen...............  Colocasia esculenta........  Whole plant.
                                     Ginger root...........  Zingiber officinale........  Root.
Chile
 
                                                                      * * * * * * *
                                     Apple.................  Malus domestica............  Fruit......................  (b)(1)(ii)
                                     Asparagus.............  Asparagus officinalis......  Whole plant.
                                     Avocado...............  Persea americana...........  Fruit......................  (b)(1)(ii)
 
                                                                      * * * * * * *
                                     Blackberry............  Rubus spp..................  Fruit.
                                     Cherry................  Prunus avium, P. cerasus...  Fruit......................  (b)(1)(ii)
 
                                                                      * * * * * * *
                                     Pear..................  Pyrus communis.............  Fruit......................  (b)(1)(ii)
 
                                                                      * * * * * * *
                                     Raspberry.............  Rubus spp..................  Fruit.

[[Page 72889]]

 
 
                                                                      * * * * * * *
China
 
                                                                      * * * * * * *
                                     Ginger root...........  Zingiber officinale........  Root.
Colombia...........................  Banana................  Musa spp...................  Leaf and fruit.
 
                                                                      * * * * * * *
Costa Rica.........................  Banana................  Musa spp...................  Leaf and fruit.
 
                                                                      * * * * * * *
                                     Carrot................  Daucus carota ssp sativus..  Whole plant.
 
                                                                      * * * * * * *
                                     Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
 
                                                                      * * * * * * *
Dominican Republic.................  Avocado...............  Persea americana...........  Fruit.
 
                                                                      * * * * * * *
                                     Banana................  Musa spp...................  Fruit.
                                     Breadfruit............  Artocarpus altilis.........  Fruit.
                                     Cassava...............  Manihot esculenta..........  Root.
                                     Celeriac..............  Apium graveolens var. dulce  Whole plant.
                                     Citrus................  Citrus spp.................  Fruit......................  (b)(6)(iii)
                                     Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
                                     Dasheen...............  Colocasia esculenta........  Whole plant.
 
                                                                      * * * * * * *
                                     Genip.................  Melicoccus bijugatus.......  Fruit.
                                     Papaya................  Carica papaya..............  Fruit......................  (b)(2)(iii)
                                     Pepper................  Capsicum spp...............  Fruit.
                                     Pineapple.............  Ananas comosus.............  Fruit......................  (b)(2)(iii)
Ecuador
 
                                                                      * * * * * * *
                                     Pineapple.............  Ananas comosus.............  Fruit......................  (b)(2)(iii)
 
                                                                      * * * * * * *
Guatemala
 
                                                                      * * * * * * *
                                     Banana................  Musa spp...................  Leaf and fruit.
 
                                                                      * * * * * * *
                                     Cichorium.............  Cichorium spp..............  Above ground parts.........  (b)(6)(i)
                                     Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
 
                                                                      * * * * * * *
                                     Okra..................  Abelmoschus esculentus.....  Pod.
 
                                                                      * * * * * * *
Honduras
 
                                                                      * * * * * * *
                                     Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
 
                                                                      * * * * * * *
                                     Okra..................  Abelmoschus esculentus.....  Pod.
 
                                                                      * * * * * * *
Israel
 
                                                                      * * * * * * *
                                     Basil.................  Ocimum spp.................  Above ground parts
 
                                                                      * * * * * * *
Jamaica............................  Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
 
                                                                      * * * * * * *
                                     Papaya................  Carica papaya..............  Above ground parts.........  (b)(2)(iii), (b)(3)

[[Page 72890]]

 
 
                                                                      * * * * * * *
Mexico
 
                                                                      * * * * * * *
                                     Artichoke, globe......  Cynara scolymus............  Immature flower head.
                                     Artichoke, Jerusalem..  Helianthus tubersus........  Whole plant.
 
                                                                      * * * * * * *
                                     Basil.................  Ocimum spp.................  Above ground parts.
 
                                                                      * * * * * * *
                                     Blackberry............  Rubus spp..................  Fruit.
 
                                                                      * * * * * * *
                                     Celery................  Apium graveolens var. dulce  Whole plant.
                                     Cichorium.............  Cichorium spp..............  Above ground parts.........  (b)(6)(i)
 
                                                                      * * * * * * *
                                     Dill..................  Anethum graveolens.........  Above ground parts.
 
                                                                      * * * * * * *
                                     Jicama or yam bean....  Pachyrhizus tuberosus, P.    Root.
                                                              erosus.
 
                                                                      * * * * * * *
                                     Lettuce...............  Lactuca sativa.............  Whole plant.
 
                                                                      * * * * * * *
                                     Oregano...............  Origanum spp...............  Above ground parts.
 
                                                                      * * * * * * *
                                     Pepper................  Capsicum spp...............  Fruit......................  (b)(6)(ii)
 
                                                                      * * * * * * *
                                     Raspberry.............  Rubus spp..................  Fruit.
 
                                                                      * * * * * * *
                                     Spinach...............  Spinacia oleracea..........  Whole plant.
                                     Strawberry............  Fragaria spp...............  Fruit.
                                     Swiss chard...........  Beta vulgaris var. cicla...  Above ground parts.........
 
                                                                      * * * * * * *
                                     Tomatillo.............  Physalis ixocarpa..........  Whole plant.
 
                                                                      * * * * * * *
Netherlands........................  Cichorium.............  Cichorium spp..............  Above ground parts.........  (b)(6)(i)
                                     Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
                                     Eggplant..............  Solanum melongena..........  Fruit.
 
                                                                      * * * * * * *
Nicaragua..........................  Banana................  Musa spp...................  Leaf and fruit.
 
                                                                      * * * * * * *
                                     Dasheen...............  Colocasia esculenta........  Tuber.
 
                                                                      * * * * * * *
Panama
 
                                                                      * * * * * * *
                                     Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
 
                                                                      * * * * * * *
Peru
 
                                                                      * * * * * * *
                                     Banana................  Musa spp...................  Leaf and fruit.
 
                                                                      * * * * * * *
Spain..............................  Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(3)
 

[[Page 72891]]

 
                                                                      * * * * * * *
                                     Lemon.................  Citrus limon...............  Fruit......................  (b)(3), (b)(6)(iv)
 
                                                                      * * * * * * *
Trinidad and Tobago................  Cucurbit..............  Cucurbitaceae..............  Above ground parts.........  (b)(2)(iii), (b)(3)
 
                                                                      * * * * * * *
Venezuela..........................  Banana................  Musa spp...................  Fruit.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) * * *
    (6) Plant types.
    (i) Chicory (Cichorium intybus) and endive (Cichorium endiva) only.
    (ii) Rocoto pepper or chamburoto (Capsicum pubescens) prohibited.
    (iii) Grapefruit (Citrus paradisi), lemon (Citrus limon), orange 
(Citrus sinensis), sour lime (Citrus aurantiifolia), and tangerine 
(Citrus reticulata) only.
    (iv) Smooth skinned variety only.


(Approved by the Office of Management and Budget under control numbers 
0579-0049, 0579-0236, and 0579-0264.)


0
16. Section 319.56-2v is amended as follows:
0
a. In the introductory text of paragraph (a), by removing the word 
``Dacus'' and adding the word ``Bactrocera'' in its place.
0
b. In paragraph (c), by removing the word ``Dacus'' and adding the word 
``Bactrocera'' in its place and by adding a new sentence after the last 
sentence to read as set forth below.


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

* * * * *
    (c) * * * Irradiation treatments found at part 305 of this chapter 
may be used as an alternative to the cold treatment described in this 
paragraph.

0
17. Section 319.56-2w is amended as follows:
0
a. By revising paragraph (a)(1) to read as set forth below.
0
b. In paragraph (a)(6), by adding the word ``Leon,'' after the word 
``Granada,''.
0
c. In paragraph (c), by removing the words ``49 [deg]C (120.2 [deg]F)'' 
and adding the words ``48 [deg]C (118.4 [deg]F)'' in their place.


Sec.  319.56-2w  Administrative instruction; conditions governing the 
entry of papayas from Central America and Brazil.

* * * * *
    (a) * * *
    (1) Brazil: State of Espirito Santo; all areas in the State of 
Bahia that are between the Jequitinhonha River and the border with the 
State of Espirito Santo and all areas in the State of Rio Grande del 
Norte that contain the following municipalities: Touros, Pureza, Rio do 
Fogo, Barra de Maxaranguape, Taipu, Ceara Mirim, Extremoz, Ielmon 
Marinho, Sao Goncalo do Amarante, Natal, Maciaba, Parnamirim, Veracruz, 
Sao Jose de Mipibu, Nizia Floresta, Monte Aletre, Areas, Senador 
Georgino Avelino, Espirito Santo, Goianinha, Tibau do Sul, Vila Flor, 
and Canguaretama e Baia Formosa.
* * * * *

0
18. In Sec.  319.56-2x, paragraph (a), the table is amended as follows:
0
a. Under Argentina, by revising the entries for blueberry and kiwi and 
adding, in alphabetical order, entries for apple, apricot, cherry, 
nectarine, peach, pear, plum, pomegranate, and quince to read as set 
forth below.
0
b. Under Chile, by adding, in alphabetical order, entries for apple, 
avocado, cherry, and pear to read as set forth below.
0
c. Under Colombia, by adding, in alphabetical order, an entry for 
blueberry to read as set forth below.
0
d. Under Israel, by removing the entry for cactus and adding, in 
alphabetical order, an entry for tuna to read as set forth below.


Sec.  319.56-2x  Administrative instructions; conditions governing the 
entry of certain fruits and vegetables for which treatment is required.

* * * * *

----------------------------------------------------------------------------------------------------------------
          Country/locality                 Common name           Botanical name             Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina..........................  Apple.................  Malus domestica.......  Fruit. (Treatment for
                                                                                      Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Apricot...............  Prunus armeniaca......  Fruit. (Treatment for
                                                                                      Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Blueberry.............  Vaccinium spp.........  Fruit. (Treatment for
                                                                                      Medfly not required if
                                                                                      fruit is grown in a fruit
                                                                                      fly-free area (see Sec.
                                                                                      319.56-2(j)).
                                     Cherry................  Prunus avium, P.        Fruit. (Treatment for
                                                              cerasus.                Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Kiwi..................  Actinidia deliciosa...  Fruit. (Treatment for
                                                                                      Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Nectarine.............  Prunus persica var.     Fruit. (Treatment for
                                                              nucipersica.            Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Peach.................  Prunus persica var.     Fruit. (Treatment for
                                                              persica.                Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).

[[Page 72892]]

 
                                     Pear..................  Pyrus communis........  Fruit. (Treatment for
                                                                                      Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Plum..................  Prunus domestica spp.   Fruit. (Treatment for
                                                              domestica.              Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Pomegranate...........  Punica granatum.......  Fruit. (Treatment for
                                                                                      Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
                                     Quince................  Cydonia oblonga.......  Fruit. (Treatment for
                                                                                      Anastrepha spp. fruit
                                                                                      flies and Medfly not
                                                                                      required if fruit is grown
                                                                                      in a fruit fly-free area
                                                                                      (see Sec.   319.56-2(j)).
 
                                                  * * * * * * *
Chile..............................  Apple.................  Malus domestica.......  Fruit. (Treatment for
                                                                                      Mediterranean fruit fly
                                                                                      (Medfly) not required if
                                                                                      fruit is grown in a Medfly-
                                                                                      free area (see Sec.
                                                                                      319.56-2(j)).
                                     Avocado...............  Persea americana......  Fruit. (Treatment for
                                                                                      Mediterranean fruit fly
                                                                                      (Medfly) not required if
                                                                                      fruit is grown in a Medfly-
                                                                                      free area (see Sec.
                                                                                      319.56-2(j)).
                                     Cherry................  Prunus avium, P.        Fruit. (Treatment for
                                                              cerasus.                Mediterranean fruit fly
                                                                                      (Medfly) not required if
                                                                                      fruit is grown in a Medfly-
                                                                                      free area (see Sec.
                                                                                      319.56-2(j)).
 
                                                  * * * * * * *
                                     Pear..................  Pyrus communis........  Fruit. (Treatment for
                                                                                      Mediterranean fruit fly
                                                                                      (Medfly) not required if
                                                                                      fruit is grown in a Medfly-
                                                                                      free area (see Sec.
                                                                                      319.56-2(j)).
 
                                                  * * * * * * *
Colombia...........................  Blueberry.............  Vaccinium spp.........  Fruit.
 
                                                  * * * * * * *
Israel
 
                                                  * * * * * * *
                                     Tuna..................  Opuntia spp...........  Fruit.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  319.56-2gg  [Amended]

0
19. In Sec.  319.56-2gg, paragraph (d) is amended by removing the word 
``Deputy''.

    Done in Washington, DC, this 2nd day of December 2005.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-23790 Filed 12-7-05; 8:45 am]
BILLING CODE 3410-34-P