Importation of Fruits and Vegetables

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 02-106-1]

Importation of Fruits and Vegetables

AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Proposed rule.

SUMMARY:

We propose to amend the fruits and vegetables regulations to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the United States. All of the fruits and vegetables, as a condition of entry, would be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables would be required to meet other special conditions. We also propose to recognize areas in Peru as free from the South American cucurbit fly. These actions would provide the United States with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through imported fruits and vegetables.

DATES:

We will consider all comments that we receive on or before February 17, 2004.

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. 02-106-1, 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. 02-106-1. If you use e-mail, address your comment to

regulations@aphis.usda.gov.

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. 02-106-1” 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:

Mr. Wayne Burnett, Senior Import Specialist, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56 through 319.56-8, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into the United States from certain parts of the world to prevent the introduction and spread of plant pests that are new to or not widely distributed within the United States.

At the request of various importers and foreign ministries of agriculture, we propose to amend the regulations to list a number of fruits and vegetables from certain parts of the world as eligible, under certain conditions, for importation into the United States. We also propose to list certain fruits and vegetables that have been imported into the United States under a permit without being specifically listed in the regulations to improve the transparency of our regulations.

The fruits and vegetables referred to in this document would have to be imported under a permit and would be subject to the requirements in § 319.56-6 of the regulations. Under § 319.56-6, all imported fruits and vegetables, as a condition of entry into the United States, must be inspected; they are also subject to disinfection at the port of first arrival if an inspector requires it. Section 319.56-6 also provides that any shipment of fruits and vegetables may be refused entry if the shipment is so infested with plant pests that an inspector determines that it cannot be cleaned or treated.

Some of the fruits and vegetables proposed for importation would have to meet other special conditions. The proposed conditions of entry, which are discussed below, appear adequate to prevent the introduction and spread of quarantine pests through the importation of these fruits and vegetables.

We have prepared a pest risk assessment or, in two cases, a decision sheet, for each of the fruits and vegetables that we propose to add, unless we have allowed their entry previously under a permit. Copies of the pest risk assessments and decision sheets are available from the person listed under

FOR FURTHER INFORMATION CONTACT.

We also propose to make other amendments to update and clarify the regulations and improve their effectiveness. Our proposed amendments are discussed below by topic.

Inspected and Subject to Disinfection

Section 319.56-2t lists fruits and vegetables that may be imported into the United States upon inspection and subject to disinfection. We propose to amend that list to include additional fruits and vegetables from certain countries; some of the fruits and vegetables would be added in response to requests that we have received, while others have been imported into the United States under a permit but are not listed in the regulations. We also propose to make miscellaneous, nonsubstantive changes to § 319.56-2t. All of these proposed changes are discussed below.

African Horned Cucumber From Chile

We propose to amend § 319.56-2t to allow the entry of the African horned cucumber (

Cucumis metuliferus

) fruit from Chile. The pest risk assessment indicates that there are no quarantine pests associated with the African horned cucumber fruit from Chile that are likely to follow the import pathway. Therefore, we believe that the African horned cucumber from Chile may be imported into the United States under the requirements in § 319.56-6. The pest

risk assessment was limited to the continental United States. Therefore, we would require African horned cucumber from Chile to be shipped in boxes labeled “Not for importation or distribution in HI, PR, VI, or Guam.”

Annona

spp. from Grenada

We propose to amend § 319.56-2t to allow the entry of commercial fruit shipments of cherimoya (

Annona cherimola

), soursop (

A. muricata

), custard apple (

A. reticulata

), sugar apple (

A. squamosa

), and atemoya (

A. squamosa

×

A. cherimola

) into the United States from Grenada.

The Government of Grenada requested that we authorize the importation of these commodities several years ago, before we routinely prepared pest risk assessments according to the guidelines provided by the Food and Agriculture Organization and the North American Plant Protection Organization. At that time, we prepared decision sheets. Decision sheets contain relatively the same information that is contained in modern pest risk assessments, but without the standardized format.

The decision sheet identified three internal feeders as quarantine pests in the West Indies:

Bephratelloides cubensis, Talponia batesi,

and

Cerconota anonella.

Because of the possibility that these internal feeders may have existed in Grenada, we did not issue a permit to allow the importation of

Annona

spp. fruit. Subsequently, Grenada informed us that they did not have those pests. We agreed to reconsider their import request if a survey determined that the internal feeders were indeed not present in

Annona

spp. fruit grown in Grenada. Grenada conducted a 3-year survey for the internal feeders and sampled more than 16,000 fruits, and no internal feeders or quarantine pests were found. In addition to approving the survey protocol, the Animal and Plant Health Inspection Service (APHIS) periodically observed the survey. More information on the survey and copies of the report may be obtained from the person listed under

FOR FURTHER INFORMATION CONTACT.

We would limit imports of

Annona

spp. fruit to commercial shipments because produce grown commercially is less likely to be infested with plant pests than noncommercial shipments. Noncommercial shipments are more prone to infestations because the commodity is often ripe to overripe, could be a variety with unknown susceptibility to pests, and is often grown with little or no pest control. Commercial shipments, as defined in § 319.56-1, are shipments of fruits and vegetables that an inspector identifies as having been produced for sale and distribution in mass markets. Identification of a particular shipment as commercial is based on a variety of indicators, including, but not limited to, the quantity of produce, the type of packaging, identification of a grower or packing house on the packaging, and documents consigning the shipment to a wholesaler or retailer.

Based on the survey results and the decision sheet, we believe that restricting imports of

Annona

spp. fruit to commercial shipments and requiring inspection at the port of first arrival would be adequate to mitigate any pest risks. Therefore, we propose to list

Annona

spp. fruits from Grenada in § 319.56-2t.

Fruits and Vegetables From Mexico

The regulations in § 319.56-2(e) provide that any fruit or vegetable, except those otherwise restricted, may be imported under permit if APHIS is satisfied that the fruit or vegetable meets one of several conditions:

(1) The fruit or vegetable is not attacked in the country of origin by quarantine pests.

(2) It has been treated or is to be treated for all quarantine pests in the country of origin, in accordance with conditions and procedures that may be prescribed by the Administrator.

(3) It is imported from a definite area or district in the country of origin that is free from all quarantine pests that attack the fruit or vegetable and its importation is in compliance with the criteria of § 319.56-2(f).

(4) It is imported from a definite area or district of the country of origin that is free from quarantine pests that attack the fruit or vegetable and the criteria of § 319.56-2(f) are met with regard to those quarantine pests, provided that all other quarantine pests that attack the fruit or vegetable in the area or district of the country of origin have been eliminated from the fruit or vegetable by treatment or any other procedures that may be prescribed by the Administrator.

Prior to 1992, APHIS did not specifically amend the regulations to list those fruits and vegetables for which we issued a permit after determining that the fruit or vegetable was eligible for entry under the regulations in § 319.56-2(e). However, in 1992, in an effort to increase transparency, we changed our approach and began to amend the regulations to specifically list all newly eligible fruits and vegetables (

i.e.

, those that were not previously eligible under a specific administrative instruction or imported under permit in accordance with § 319.56-2(e)). In most cases, we have not amended the regulations to list the fruits and vegetables that were allowed entry exclusively under permit prior to our decision to specifically list the commodities in the regulations.

In this document, we propose to list the following fruits and vegetables in § 319.56-2t. These fruits and vegetables, which we determined meet the criteria of § 319.56-2(e)(4), have been imported into the United States from Mexico under permit since before 1992.

Common name

Botanical name

Plant part(s)

Allium

Allium spp

Whole plant.

Asparagus

Asparagus officinalis

Whole plant.

Beet

Beta vulgaris

Whole plant.

Carrot

Daucus carota

Whole plant.

Coconut

Cocos nucifera

Fruit without husk.

Eggplant

Solanum melongena

Whole plant.

Grape

Vitis

spp

Fruit, cluster, leaves.

Jicama

Pachyrhizus tuberosus

Whole plant.

Lemon

Citrus limon

Fruit.

Lime, sour

Citrus aurantiifolia

Fruit.

Parsley

Petroselinum crispum

Whole plant.

Pineapple

Ananas comosus

Fruit.

Prickly-pear pad

Opuntia

spp

Pad.

Radish

Raphanus sativus

Whole plant.

Tomato

Lycopersicon lycopersicum

Whole plant.

Tuna

Opuntia

spp

Fruit.

In addition, although the flower of banana (

Musa

spp.) and the inflorescence of cucurbits (

Cucurbitaceae

) are currently listed in § 319.56-2t as admissible plant parts from Mexico, the fruit of banana and the flower and fruit of cucurbits have been admissible as well under permit. Therefore, we propose to amend the existing entries for bananas and cucurbits from Mexico so that all admissible plant parts of those commodities are listed in § 319.56-2t.

While a few quarantine pests have been detected on these particular fruits and vegetables during inspection at the ports, they have been eliminated from the fruit or vegetable by treatment or other procedures. Therefore, we believe that these fruits and vegetables, or plant parts, should be listed in § 319.56-2t so that the regulations specifically indicate that these commodities may be imported from Mexico. In accordance with § 319.56-6, these fruits and vegetables would continue to be inspected at the port of first arrival and, if required by an inspector, disinfected at the port of first arrival.

Coconut Fruit With Milk and Husk From Mexico

In 1989, we prepared a decision sheet in response to Mexico's request to export coconut fruit with milk and husk to the United States. Because we identified two quarantine pests of concern (the red ring nematode [

Rhadinaphelenchus cocophlus

] and lethal yellowing disease), we denied the request.

Since that time, however, we have determined that the risk associated with red ring nematode is low. In 1992, we amended 7 CFR 319.37-5(g) to allow seed coconuts to be imported into the United States from Costa Rica, where the red ring nematode is also known to occur, since the risk associated with introducing red ring nematode in seed coconuts was determined to be low. Prior to that amendment, the importation of seed coconut was allowed only from Jamaica, where the red ring nematode is not known to occur. Given that the risk associated with the red ring nematode is the same for seed coconuts and coconuts with milk and husk, and that seed coconut from Costa Rica has been successfully imported into the United States for over a decade, we have reconsidered Mexico's request and propose to allow coconut fruit with milk and husk to be imported into the United States from Mexico if inspected at the port of first arrival in accordance with § 319.56-6. Because the risk associated with the red ring nematode is low, we believe that inspection at the port of first arrival is sufficient to mitigate the risk.

To mitigate the risk associated with lethal yellowing disease, we propose to allow coconut fruit with milk and husk to be imported into the United States from Mexico under conditions similar to the existing conditions for the importation of seed coconuts from Costa Rica and Jamaica. Seed coconuts imported into the United States from Costa Rica or Jamaica must be of either the Malayan dwarf variety or the Maypan variety, which are resistant to lethal yellowing disease. The seed coconuts must be accompanied by a phytosanitary certificate which declares that the coconuts are either the Malayan dwarf variety or the Maypan variety.

Therefore, we are proposing to require that the coconut fruit with milk and husk be accompanied by a phytosanitary certificate issued by the national plant protection organization (NPPO) of Mexico with an additional declaration stating that the fruit is of the Malayan dwarf variety or Maypan variety (=F

1

hybrid, Malayan Dwarf×Panama Tall), based on verification of the parent stock. Inspection at the port of entry would further mitigate the risk associated with lethal yellowing disease. We believe that these proposed conditions are adequate to prevent the introduction of the quarantine pests of concern. Therefore, we propose to list coconut fruit with milk and husk from Mexico in § 319.56-2t.

Pitaya From Mexico

Based on a pest risk assessment conducted for pitaya from Mexico that identified the pests of concern as the Mediterranean fruit fly (Medfly,

Ceratitis capitata

), fruit flies of the genus

Anastrepha,

gray pineapple mealybug (

Dymicoccus neobrevipes

), and passionvine mealybug (

Planococcus minor

), we propose to allow the entry of pitaya from Mexico only under certain conditions.

In addition to requiring that pitaya from Mexico be subject to inspection and disinfection at the port of entry, we would require that the pitaya be grown in an area that has been recognized as a fruit fly-free area. The regulations in § 319.56-2(h) list the municipalities in Mexico that APHIS has determined meet the criteria of § 319.56-2(e) and (f) with regard to freedom from the Medfly and fruit flies of the genus

Anastrepha

.

The fruit would have to be accompanied by a phytosanitary certificate issued by Mexico's NPPO declaring that the fruit originated in an area designated in § 319.56-2(h) as free from pests and, upon inspection, was found free of

D. neobrevipes

and

P. minor

. These additional conditions would be necessary to assure us that the product originated in a fruit fly-free area and was inspected and found free of the specified mealybugs.

Because the pest risk assessment was limited to the continental United States, we would require pitaya from Mexico to be shipped in boxes labeled “Not for importation or distribution in HI, PR, VI, or Guam.”

We believe that these proposed conditions are adequate to prevent the introduction of the quarantine pests of concern. Therefore, we propose to list pitaya from Mexico in § 319.56-2t.

Other Amendments to § 319.56-2t

In many cases, the entries for specific fruits and vegetables in the table in § 319.56-2t include additional conditions, such as restrictions on the distribution of the fruit or vegetable or a requirement that the fruit or vegetable originate in a pest-free area and be so certified on a phytosanitary certificate. We propose to remove those additional conditions from the table and place them in a new paragraph (b) in § 319.56-2t. In the table, the entries in which the additional conditions had appeared would instead include a reference to the paragraph or paragraphs in the new paragraph (b) where the applicable conditions would appear. We believe this reorganization of the information contained in the table would make the table easier to read and use and would eliminate the need to repeat the same conditions multiple times when those conditions apply to more than one fruit or vegetable.

In order to minimize the number of restrictions in the proposed new paragraph (b), we would state certain requirements more generally. For instance, rather than stating that a phytosanitary certificate must be issued by the NPPO of a specific country, we would state that the phytosanitary certificate must be issued by the NPPO of the country of origin. Because the term “country of origin” is not defined in the regulations, we propose to add a definition of the term “country of origin” in § 319.56-1. The term “country of origin” would be defined as “Country where the plants from which the plant products are derived were grown,” which is consistent with the definition provided in the standards of the International Plant Protection Convention of the United Nations' Food and Agriculture Organization.

The entries for some of the fruits and vegetables in the current regulations specify that the commodity may not be imported into or distributed within

certain areas. For example, papaya from Guatemala is prohibited entry into Hawaii due to the papaya fruit fly, and cartons in which fruit is packed must be stamped “Not for importation into or distribution within HI.” However, for other commodities, such as dasheen from Indonesia, the required statement refers only to distribution (

i.e.

, the statement does not refer to both importation and distribution). For consistency, we would specify that the importation into, as well as the distribution within, certain areas is prohibited.

Under § 319.56-2t, lucuma, mountain papaya, and sand pear from Chile may be imported from a Medfly-free area. However, the regulations do not specify that a phytosanitary certificate declaring that the commodity was grown in a Medfly-free area must accompany the shipment. We propose to add that requirement for those commodities.

We also propose to make grammatical changes and updates throughout the list of fruits and vegetables. The footnote for Haiti concerning Executive Order 12779 would be removed because that Executive order was revoked on October 16, 1994 (59 FR 52403, published October 18, 1994). The footnote requiring that no green may be visible on the shoot of asparagus from Austria would be removed and added to the entry for asparagus from Austria. We would also amend the entry for watermelon from Spain by changing the scientific name provided for watermelon from

Citrullus vulgaris

to

C. lanatus. C. lanatus

is the most current scientific name for watermelon, and

C. vulgaris

is a synonym.

Melon and Watermelon From Certain Countries in South America

We propose to amend the regulations to allow the entry of commercial shipments of watermelon and several varieties of melon (

Cucumis melo

L. subsp.

melo

) into the United States from Peru. The specific varieties of melon that would be considered for importation include cantaloupe, netted melon (muskmelon, nutmeg melon, and Persian melon), vegetable melon (snake melon and oriental pickling melon), and winter melon (honeydew and casaba melon).

At the request of the Government of Peru, we conducted a pest risk assessment for melon and watermelon from Peru. In that assessment, we identified the pests of concern as the South American cucurbit fly (

A. grandis

) and the gray pineapple mealybug. We propose to allow the entry of melon and watermelon from Peru only under certain conditions to prevent the introduction into the United States of the South American cucurbit fly and the gray pineapple mealybug. These proposed conditions, which are discussed below, are similar to the existing conditions under which certain melon and watermelon may be imported from Ecuador (§ 319.56-2y) and from Brazil and Venezuela (§ 319.56-2aa).

The melon and watermelon would have to be grown in areas of Peru considered by APHIS to be free of the South American cucurbit fly. Peru recently provided APHIS with fruit fly survey data that demonstrate that the Departments of Lima, Ica, Arequipa, Moquegua, and Tacna meet the criteria for freedom in § 319.56-2(e) and (f) relative to the South American cucurbit fly. (The survey data is available upon request from the person listed under

FOR FURTHER INFORMATION CONTACT

.) Therefore, we propose to consider those areas as free of the South American cucurbit fly in Peru and to list them as such.

In addition, shipments of melon and watermelon would have to be accompanied by a phytosanitary certificate issued by the Peruvian NPPO that includes a declaration that the fruit was grown in an area recognized to be free of the South American cucurbit fly, and upon inspection, was found free of the gray pineapple mealybug. We would also specify in the regulations that only commercial shipments of melon and watermelon from Peru may be imported, given that, as discussed previously with respect to

Annona

spp. fruit from Grenada, produce grown commercially is less likely to be infested with plant pests than noncommercial shipments.

The pest risk assessment was limited to the continental United States. Therefore, we would require melon and watermelon from Peru to be shipped in boxes labeled “Not for distribution in HI, PR, VI, or Guam.” All shipments of melon and watermelon would have to be labeled in accordance with § 319.56-2(g), which states, in part, that the box of fruit imported into the United States must be clearly labeled with the name of the orchard or grove of origin, or the name of the grower; and the name of the municipality and State in which it was produced; and the type and amount of fruit it contains.

We believe that the above conditions would be adequate to guard against the introduction of quarantine pests into the United States with melon and watermelon imported from Peru.

As noted previously, the requirements for cantaloupe and watermelon from Ecuador are in § 319.56-2y, and the requirements for melons and watermelon from Brazil and Venezuela are in § 319.56-2aa. Because these sections are similar, we propose to combine them into a single section, which would also contain the requirements described above for melons and watermelon from Peru. The section would be entitled “Conditions governing the entry of melon and watermelon from South America.”

Specific reference to each country's agricultural department would be changed to the more general reference of the country's NPPO, thus avoiding the need to amend the regulations should the specific name of the NPPO change. In § 319.56-2y(a)(2), “South American cucurbit fruit fly” would be corrected to “South American cucurbit fly (

Anastrepha grandis

).” The requirement for phytosanitary certificates for cantaloupe, honeydew melon, and watermelon from Brazil and Venezuela, which would be moved from § 319.56-2aa(a)(2) to § 319.56-2y(b)(1) for Brazil and § 319.56-2y(c)(1) for Venezuela, would be amended to modify the requirement for the additional declaration. Rather than requiring that the declaration indicate that the cantaloupe or melons were grown in an area recognized to be free of the South American cucurbit fly, we would replace the terms “cantaloupe or melons” with the more general term “fruit.” Because we are combining two sections into a single section, changes such as updating references to “this section” to read “this paragraph” would be necessary. In addition, we would make other minor, nonsubstantive grammatical and style changes for consistency.

Watermelon, Squash, Cucumber, and Oriental Melon From the Republic of Korea

We propose to allow watermelon, squash (

Curcurbita maxima

), cucumber (

Cucumis sativus

), and oriental melon (

C. melo

) to be imported into the United States from the Republic of Korea under certain conditions, which would be set forth in § 319.56-2aa. (As discussed above, the current § 319.56-2aa would be combined with § 319.56-2y.) These fruits can be the host of several quarantine pests, including the pumpkin fruit fly (

Bactrocera depressa

), the cotton caterpillar (

Diaphania indica

), and the Asian corn borer (

Ostrinia furnacalis

), which were identified as pests with high pest-risk potential in the pest risk assessment. The cucumber green mottle mosaic virus was identified as a quarantine pest with medium pest-risk potential in the pest risk assessment.

We believe that the following conditions would guard against the

entry of the specified quarantine pests in shipments of watermelon, squash, cucumber, and oriental melon imported from the Republic of Korea into the United States:

Condition

Quarantine pest to which it applies

The watermelon, squash, cucumber, and oriental melon must be grown in pest-proof greenhouses registered with the Republic of Korea's NPPO

B. depressa, D. indica, O. furnacalis.

The NPPO must inspect and regularly monitor greenhouses for plant pests. The NPPO must inspect greenhouses and plants, including fruit, at intervals of no more than 2 weeks, from the time of fruit set until the end of harvest

B. depressa, D. indica, O. furnacalis,

cucumber green mottle mosaic virus.

The NPPO must set and maintain fruit fly traps in greenhouses from October 1 to April 30. The number of traps must be set as follows: Two traps for greenhouses smaller than 0.2 hectare in size; three traps for greenhouses 0.2 to 0.5 hectare; four traps for greenhouses over 0.5 hectare and up to 1.0 hectare; and for greenhouses greater than 1 hectare, traps must be placed at a rate of four traps per hectare

B. depressa.

The NPPO must check all traps once every 2 weeks. If a single pumpkin fruit fly is captured, that greenhouse will lose its registration until trapping shows that the infestation has been eradicated

B. depressa.

The fruit may be shipped only from December 1 through April 30

B. depressa.

Each shipment must be accompanied by a phytosanitary certificate issued by NPPO, with the following additional declaration: “The regulated articles in this shipment were grown in registered greenhouses as specified by 7 CFR 319.56-2aa”

B. depressa, D. indica, O. furnacalis,

cucumber green mottle mosaic virus.

Each shipment must be protected from pest infestation from harvest until export. Newly harvested fruits must be covered with insect-proof mesh or a plastic tarpaulin while moving to the packinghouse and awaiting packing. Fruit must be packed within 24 hours of harvesting, in an enclosed container or vehicle or in insect-proof cartons or cartons covered with insect-proof mesh or plastic tarpaulin, and then placed in containers for shipment. These safeguards must be intact when the shipment arrives at the port in the United States

B. depressa, D. indica, O. furnacalis.

Grapes from the Republic of Korea

We propose to allow the importation of grapes (

Vitis

spp.) into the United States from the Republic of Korea under certain conditions that would be set forth in a new § 319.56-2ll. The quarantine pests of concern for grapes grown in the Republic of Korea that were rated “high” in the pest risk assessment are the yellow peach moth (

Conogethes punctiferalis

), grapevine moth (

Eupoecilia ambiguella

), leaf-rolling torix (

Sparganothis pilleriana

), apple heliodinid (

Stathmopoda auriferella

), and the plant pathogenic fungus

Monilinia fructigena.

Another quarantine pest of concern is the moth

Nippoptilia vitis,

which was rated “medium” in the pest risk assessment. We propose the following phytosanitary measures to guard against the entry of quarantine pests in shipments of grapes imported from the Republic of Korea into the United States:

(1) The fields where the grapes are grown must be inspected during the growing season by the NPPO. The NPPO must inspect 250 grapevines per hectare, inspecting leaves, stems, and fruit of the vines.

(2) If evidence of

C. punctiferalis, E. ambiguella, S. pilleriana, S. auriferella,

or

M. fructigena

is detected during inspection, the field will immediately be rejected, and exports from that field will be canceled until visual inspection of the vines shows that the infestation has been eradicated.

(3) Fruit must be bagged from the time the fruit sets until harvest.

(4) Each shipment must be inspected by NPPO before export. For each shipment, NPPO must issue a phytosanitary certificate with an additional declaration stating that the fruit in the shipment was found free from

C. punctiferalis, E. ambiguella, S. pilleriana, S. auriferella, M. fructigena,

and

N. vitis.

We believe that these proposed growing, inspection, and shipping requirements would be adequate to prevent the introduction of quarantine pests into the United States with grapes imported from the Republic of Korea.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget.

In accordance with 5 U.S.C. 603, we have performed an initial regulatory flexibility analysis, which is set out below, regarding the economic effects of this proposed rule on small entities. Based on the information we have, there is no reason to conclude that adoption of this proposed rule would result in any significant economic effect on a substantial number of small entities. However, we do not currently have all of the data necessary for a comprehensive analysis of the effects of this proposed rule on small entities. Therefore, we are inviting comments on potential effects. In particular, we are interested in determining the number and kind of small entities that may incur benefits or costs from the implementation of this proposed rule.

Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary of Agriculture is authorized to regulate the importation of plants, plant products, and other articles to prevent the introduction of plant pests into the United States or the dissemination of plant pests within the United States.

We propose to amend the fruits and vegetables regulations to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the United States. All of the fruits and vegetables, as a condition of entry, would be inspected and subject to such disinfection at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables would be required to meet other special conditions. We also propose to recognize areas in Peru as free from the South American cucurbit fly. These actions would provide the United States with additional kinds and

sources of fruits and vegetables while continuing to provide protection against the introduction and spread of quarantine pests.

Availability of and Request for Production and Trade Data

For some of the commodities proposed for importation into the United States in this document, data on the levels of production are unavailable for a number of reasons. Some of these commodities are not produced in significant quantities either in the United States or in the country that would be exporting the commodity to the United States. Generally, statistical data are less available for commodities produced in small quantities when compared to a country's more widely or commercially produced commodities. The uncertainty surrounding the cost and availability of transportation and the demand for the commodity in the United States increases the difficulty in obtaining estimates of the potential volume of commodities exported from foreign countries to the United States.

Therefore, we are requesting the public to provide APHIS with any available data regarding the production or trade of

Annona

spp. in the United States and Grenada and pitaya in the United States and Mexico. These data will assist us in further assessing the effects that allowing the importation of these commodities could have on U.S. producers or consumers.

Effects on Small Entities

Data on the number and size of U.S. producers of the various commodities proposed for importation into the United States in this document are not available. However, since most fruit and vegetable farms are small by Small Business Administration standards, it is likely that the majority of U.S. farms producing the commodities discussed below are small. Potential economic effects that could occur if this proposal is adopted are discussed below by commodity and country of origin.

African horned cucumber from Chile.

We propose to amend the regulations to allow the entry of African horned cucumber from Chile. African horned cucumber is a specialty crop that is grown in small quantities. Less than 20 acres of the fruit are cultivated in California; and less than 10 acres in Region V (Olmue) and Region X (Osorno) of Chile have been cultivated since 1996. Approximately 32,000 pounds of fruit are expected to be shipped to the United States annually from March to May. There is no reason to believe that allowing imports of African horned cucumber from Chile would have any significant economic impact on U.S. entities. In addition, we believe that U.S. consumers of African horned cucumber would benefit from the increase in its supply and availability.

Annona spp. from Grenada.

In this document, we propose to allow the entry of commercial fruit shipments of cherimoya, soursop, custard apple, sugar apple, and atemoya, which are species of

Annona,

into the United States from Grenada. In the United States,

Annona

spp. are apparently a specialty crop produced on a small scale mainly in southern California; thus no data on the U.S. production of

Annona

spp. are available. Although no separate data are available on the production and trade of

Annona

spp. from Grenada, data may have been included with the production of all apples. From 2001 to 2003, Grenada produced an average of 533 metric tons of apples. In addition,

Annona

spp. exports may be included under the category of “apples, not elsewhere specified,” which includes wild apples. The 3-year average for exports of apples, not elsewhere specified, from Grenada is 5 metric tons. We believe any exports to the United States would be minimal and would not have any significant economic effect on U.S. producers, whether small or large, or consumers. In addition, we believe that U.S. consumers of

Annona

spp. would benefit from the increase in its supply and availability.

Fruit and vegetables from Mexico.

We propose to specifically list

Allium

spp., asparagus, banana, beets, carrots, coconut fruit without husk, cucurbits, eggplant, grape, jicama, lemon, sour lime, parsley, pineapple, prickly pear pads, radish, tomato, and tuna as admissible fruits and vegetables from Mexico. Because these fruits and vegetables are admissible into the United States from Mexico under permit, specifically listing these commodities in the regulations would not have any economic effect on U.S. producers, whether small or large, or consumers. While production and trade data are not available for jicama, prickly pear, and tuna from Mexico or the United States, data are shown for the other commodities, as available, in table 1. The data provided in table 1 are based on either a 2- or 3-year average. The averages presented for most U.S. and Mexican production and trade, as well as for tomato exports from Mexico, are for the 3-year period of 2000, 2001, and 2002. A 2-year average for 2000 and 2001 is given for exports from Mexico (except tomatoes), U.S. production of parsley and beets, and U.S. imports of parsley and cucurbits.

Table 1.—U.S. and Mexican Production and Trade Data (in metric tons) of Fruits and Vegetables

Commodity

U.S.

production

U.S. imports

from all countries

U.S. imports

from Mexico

Mexican

production

Mexican

exports

Allium

spp.:

Shallot and green onion

444,429

257,784

159,953

1,021,605

599,491

Garlic

258,680

37,806

14,776

50,894

27,544

Leek and other alliaceous vegetables

(

1

)

3,040

2,752

(

1

)

87,455

Asparagus

103,060

75,086

38,231

57,545

44,378

Banana

12,850

4,232,383

74,560

1,961,201

126,368

Beets

101,738

20,341

15,254

(

1

)

775,100

Carrot

1,913,700

85,037

23,508

358,054

201,944

Coconut

0

63,075

4,854

1,058,667

87,584

Cucurbits:

Melon and watermelons

2,969,250

882,350

363,902

1,469,700

572,529

Cucumbers and gherkins

1,078,800

15,035

1,924

416,667

7,880

Pumpkins, squash, and gourds

761,253

223,697

148,343

550,000

372,294

Eggplant

77,290

40,233

36,863

59,000

135,697

Grape

6,495,380

987,124

191,477

427,497

117,510

Lemon and lime

572,250

218,816

184,814

1,658,420

733,184

Parsley

14,210

5,897

(

1

)

(

1

)

(

1

)

Pineapple

302,500

348,617

19,923

598,629

117,510

Radish

53,781

15,338

14,654

(

1

)

(

1

)

Tomato

10,590,000

804,548

664,362

2,085,831

1,551,685

1

Not available.

Coconut fruit with milk and husk from Mexico.

As noted earlier in this document, coconut fruit without husk have been admissible into the United States from Mexico under permit. In this document, we propose to allow coconut fruit with milk and husk from Mexico to be imported into the United States. While the data on coconut production and trade do not differentiate between coconut fruit with or without husk and milk, it is possible that an increase in imports of coconuts into the United States from Mexico would occur, since coconut fruit with milk and husk have previously been inadmissible from Mexico. Because the U.S. production of coconut fruit with milk and husk is supplemented with imports in order to satisfy the domestic demand, we do not believe that allowing the importation of coconut fruit with milk and husk from Mexico would have a significant effect on either U.S. consumers or producers. In addition, we believe that U.S. consumers would benefit from the increase in the supply and availability of coconut fruit with milk and husk from Mexico.

Pitaya from Mexico.

In the United States, pitaya are a specialty crop produced on a small scale; thus no data on the U.S. production of pitaya are available. Mexican production and trade data are also not available.

Melon and watermelon from Peru.

We propose to amend the regulations to allow the entry of commercial shipments of watermelon and several varieties of melon (

Cucumis melo

L. subsp.

melo

) into the United States from Peru. The specific varieties of melons that would be considered for importation include cantaloupe, netted melon (muskmelon, nutmeg melon, and Persian melon), vegetable melon (snake melon and oriental pickling melon), and winter melon (honeydew and casaba melon). The melon and watermelon from Peru would be admissible from the Departments of Lima, Ica, Arequipa, Moquegua, and Tacna, which we propose to recognize as free of the South American cucurbit fly.

From 2001 to 2003, the United States produced an average of almost 3 million metric tons of melon and watermelon and imported an average of 882,350 metric tons. For that same 3-year period, Peru produced an average of 72,337 metric tons of melon and watermelon. For the 2-year period of 2000 and 2001, Peru exported an average of 1,393 metric tons of melon and watermelon. Because the U.S. production of melon and watermelon is supplemented with imports in order to satisfy the domestic demand, we do not believe that allowing the importation of melon and watermelon from certain areas of Peru would have a significant effect on either U.S. consumers or producers. In addition, we believe that U.S. consumers of melon and watermelon would benefit from the increase in its supply and availability.

Watermelon, squash, cucumber, and oriental melon from the Republic of Korea.

We propose to allow watermelon, squash, cucumber, and oriental melon to be imported into the United States from the Republic of Korea (South Korea) under certain conditions. Table 2 shows the average U.S. and South Korean production and trade data available for the 3-year period of 2000, 2001, and 2002, with a 2-year average for 2000 and 2001 for exports from South Korea. Note that data include a broader category than what is actually proposed to be imported;

e.g.

, we propose to import cucumber, but the data are available under the broader category of cucumber and gherkins.

Table 2.—Production and Trade Data (in metric tons) for U.S. and South Korean Fruits and Vegetables

Commodity

U.S.

production

U.S. imports

from all countries

U.S.imports

from South Korea

South Korean production

South Korean exports

Melon and watermelons

2,969,250

882,350

0

324,260

428

Cucumbers and gherkins

1,078,800

15,035

0

451,175

7,030

Pumpkins, squash, and gourds

761,253

223,697

0

240,161

515

Grapes from South Korea.

We propose to allow the importation of grapes into the United States from South Korea under certain conditions. From 2001 to 2003, the United States produced an average of almost 6.5 million metric tons of grapes and imported an average of 987,124 metric tons. For that same 3-year period, South Korea produced an average of 461,198 metric tons grapes (approximately 7 percent of the total U.S. production) with an average export of 101 metric tons. Because the U.S. production of grapes is supplemented with imports in order to satisfy the domestic demand, we do not believe that allowing the importation of grapes from South Korea would have a significant effect on either U.S. consumers or producers. In addition, we believe that U.S. consumers of grapes would benefit from the increase in its supply and availability.

This proposed rule contains information collection requirements, which have been submitted for approval to the Office of Management and Budget (see “Paperwork Reduction Act” below).

Executive Order 12988

This proposed rule would allow certain fruits and vegetables to be imported into the United States from certain parts of the world. If this proposed rule is adopted, State and local laws and regulations regarding the importation of fruits and vegetables under this rule would be preempted while the fruits and vegetables are in foreign commerce. Fresh fruits and vegetables are generally imported for immediate distribution and sale to the

consuming public and would remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. If this proposed rule is adopted, no retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule.

National Environmental Policy Act

APHIS' review and analysis of the potential environmental impacts associated with the proposed importations are documented in detail in an environmental assessment entitled “Proposed Rule for the 12th Periodic Amendment of the Fruits and Vegetables Regulations” (September 2003). The environmental assessment was prepared in accordance with: (1) The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321

et seq.

), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR part 372).

Copies of the environmental assessment are available for public inspection in our reading room (information on the location and hours of the reading room is provided under the heading

ADDRESSES

at the beginning of this document). In addition, copies may be obtained by writing to the individual listed under

FOR FURTHER INFORMATION CONTACT.

The environmental assessment may be viewed on the Internet at

http://www.aphis.usda.gov/ppd/es/ppqdocs.html.

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. 02-106-1. Please send a copy of your comments to: (1) Docket No. 02-106-1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., Washington, DC 20250. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this proposed rule.

In this document, we propose to amend the fruits and vegetables regulations to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the United States. All of the fruits and vegetables, as a condition of entry, would be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables would be required to meet other special conditions. We also propose to recognize areas in Peru as free from the South American cucurbit fly.

Allowing these fruits and vegetables to be imported would necessitate the use of certain information collection activities, including the completion of import permits, phytosanitary certificates, and fruit fly monitoring records.

We are soliciting comments from the public (as well as affected agencies) concerning our proposed information collection and recordkeeping requirements. These comments will help us:

(1) Evaluate whether the proposed information collection is necessary for the proper performance of our agency's functions, including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the information collection on those who are to respond (such as through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology;

e.g.

, permitting electronic submission of responses).

Estimate of burden:

Public reporting burden for this collection of information is estimated to average 0.1320 hours per response.

Respondents:

U.S. importers of fruits and vegetables; plant health officials of exporting countries.

Estimated annual number of respondents:

141.

Estimated annual number of responses per respondent:

5.5319.

Estimated annual number of responses:

780.

Estimated total annual burden on respondents:

103 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’s 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’s 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 and 7701-7772; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

2. Section 319.56-1 would be amended by adding, in alphabetical order, a new definition for

country of origin

to read as follows:

§ 319.56-1

Definitions.

Country of origin.

Country where the plants from which the plant products are derived were grown.

3. Section 319.56-2t would be revised to read as follows:

§ 319.56-2t

Administrative instructions: Conditions governing the entry of certain fruits and vegetables.

(a) The following commodities may be imported into all parts of the United States, unless otherwise indicated, from the places specified, in accordance with § 319.56-6 and all other applicable requirements of this subpart:

Country/locality

Common name

Botanical name

Plant part(s)

Additional

restrictions

(See paragraph

(b) of this

section.)

Argentina

Artichoke, globe

Cynara scolymus

Immature flower head.

Basil

Ocimum

spp

Above ground parts.

Currant

Ribes

spp

Fruit.

Endive

Cichorium endivia

Leaf and stem.

Gooseberry

Ribes

spp

Fruit.

Marjoram

Origanum

spp

Above ground parts.

Oregano

Origanum

spp

Above ground parts.

Australia

Currant

Gooseberry

Ribes

spp

Ribes

spp

Fruit

Fruit.

Austria

Asparagus, white

Asparagus officinalis

Shoot (no green may be visible on the shoot).

Barbados

Banana

Musa

spp

Flower.

Belgium

Leek

Pepper

Allium

spp

Capsicum

spp

Whole plant

Fruit

(b)(5)(i)

Belize

Banana

Musa

spp

Flower in bracts with stems.

Bay leaf

Mint

Laurus nobilis

Mentha

spp

Leaf and stem

Above ground parts.

Papaya

Carica papaya

Fruit

(b)(1)(i), (b)(2)(iii)

Rambutan

Nephelium lappaceum

Fruit

(b)(2)(i),

(b)(5)(iii)

Sage

Salivia officinalis

Leaf and stem.

Tarragon

Artemisia dracunculus

Above ground parts.

Bermuda

Avocado

Carambola

Grapefruit

Guava

Lemon

Longan

Persea americana

Averrhoa carambola

Citrus paradisi

Psidium guajava

Citrus limon

Dimocarpus longan

Fruit.

Fruit.

Fruit.

Fruit.

Fruit.

Fruit.

Loquat

Mandarin orange

Natal plum

Orange, sour

Orange, sweet

Papaya

Eriobotrya japonica

Citrus reticulata

Carissa macrocarpa

Citrus aurantium

Citrus sinensis

Carica papaya

Fruit.

Fruit.

Fruit.

Fruit.

Fruit.

Fruit.

Passion fruit

Peach

Pineapple guava

Suriname cherry

Passiflora

spp

Prunus persica

Feijoa

spp

Eugenia uniflora

Fruit.

Fruit.

Fruit.

Fruit.

Bolivia

Belgian endive

Cichorium intybus

Leaf.

Chile

African horned cucumber

Cucumis metuliferus

Fruit

(b)(2)(i)

Babaco

Carica

x

heilborni

var.

pentagona

Fruit

(b)(1)(i)

Basil

Ocimum

spp.

Above ground parts.

Lucuma

Manilkara sapota

(=

Lucuma mammosa

)

Fruit

(b)(1)(i)

Mountain papaya

Carica pubescens

(=

C. candamarcensis

)

Fruit

(b)(1)(ii)

Oregano

Origanum

spp.

Leaf and stem.

Pepper

Capsicum annuum

Fruit

(b)(1)(i)

Sandpear

Pyrus pyrifolia

Fruit

(b)(1)(ii)

Tarragon

Artemisia dracunculus

Above ground parts.

China

Bamboo

Bambuseae

spp

Edible shoot, free of leaves and roots.

Colombia

Rhubarb

Rheum rhabarbarum

Stalk.

Snow pea

Pisum sativum

subsp.

sativum

Flat, immature pod.

Tarragon

Artemisia dracunculus

Above ground parts.

Cook Islands

Banana

Musa

spp

Green fruit

(b)(4)(i)

Cucumber

Drumstick

Cucumis sativus

Moringa

pterygosperma

Fruit.

Leaf.

Ginger

Indian mulberry

Lemongrass

Tossa jute

Zingiber officinale

Morinda citrifolia

Cymbopogon

spp

Corchorus olitorius

Root

Leaf.

Leaf.

Leaf.

(b)(2)(ii)

Costa Rica

Basil

Chinese kale

Chinese turnip

Ocimum

spp

Brassica alboglabra

Raphanus sativus

Whole plant.

Leaf and stem.

Root.

Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties

Brassica

spp

Whole plant of edible varieties only

Jicama

Pachyrhizus tuberosus

or

P

.

erosus

Root.

Rambutan

Nephelium

lappaceum

Fruit

(b)(2)(i), (b)(5)(iii)

Dominican Republic

Bamboo

Bambuseae

spp

Edible shoot, free of leaves and roots.

Durian

Durio zibethinus

Fruit.

Ecuador

Banana

Basil

Musa

spp

Ocimum

spp

Flower.

Above ground parts.

Chervil

Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties

Anthriscus

spp

Brassica

spp

Leaf and stem.

Whole plant of edible varieties only.

Radicchio

Cichorium

spp

Above ground parts.

El Salvador

Basil

Ocimum

spp

Above ground parts.

Cilantro

Coriandrum sativum

Above ground parts.

Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties

Brassica

spp

Whole plant of edible varieties only.

Dill

Anethum graveolens

Above ground parts.

Eggplant

Fennel

German chamomile

Solanum melongena

Foeniculum vulgare

Matricaria recutita

and

Matricaria chamomilla

Fruit

Leaf and stem

Flower and leaf

(b)(3)

(b)(2)(i)

(b)(2)(i)

Loroco

Fernaldia

spp

Flower, leaf, and stem.

Oregano or sweet marjoram

Origanum

spp

Leaf and stem

(b)(2)(i)

Parsley

Petroselinum crispum

Leaf and stem

(b)(2)(i)

Rambutan

Nephelium lappaceum

Fruit

(b)(2)(i), (b)(5)(iii)

Rosemary

Rosmarinus officinalis

Leaf and stem

(b)(2)(i)

Waterlily or lotus

Yam-bean or Jicama root

Nelumbo nucifera

Pachyrhizus

spp

Roots without soil

Roots without soil

(b)(2)(i)

(b)(2)(i)

France

Tomato

Lycopersicon esculentum

Fruit

(b)(4)(ii)

Great Britain

Basil

Ocimum

spp

Leaf and stem.

Grenada

Abiu

Atemoya

Pouteria caimito

Annona squamosa

x

A. cherimola

Fruit

Fruit.

(b)(3)

Bilimbi

Breadnut

Averrhoa bilimbi

Brosimum alicastrum

Fruit.

Fruit.

Cherimoya

Annona cherimola

Fruit

(b)(3)

Cocoplum

Cucurbits

Chrysobalanus icaco

Cucurbitaceae

Fruit.

Fruit.

Custard apple

Annona reticulata

Fruit

(b)(3)

Durian

Jackfruit

Durio zibethinus

Artocarpus heterophyllus

Fruit.

Fruit.

Jambolan

Jujube

Syzygium cumini

Ziziphus

spp

Fruit.

Fruit.

Langsat

Lansium domesticum

Fruit.

Litchi

Litchi chinensis

Fruit.

Malay apple

Syzygium malaccense

Fruit.

Mammee apple

Mammea americana

Fruit.

Peach palm

Bactris gasipaes

Fruit.

Piper

Piper

spp

Fruit.

Pulasan

Nephelium ramboutan-ake

Fruit.

Rambutan

Nephelium lappaceum

Fruit.

Rose apple

Syzygium jambos

Fruit.

Santol

Sandoricum koetjape

Fruit.

Sapote

Pouteria sapota

Fruit.

Soursop

Annona muricata

Fruit

(b)(3)

Sugar apple

Annona squamosa

Fruit

(b)(3)

Guatemala

Artichoke, globe

Cynara scolymus

Immature flower head.

Basil

Ocimum

spp

Above ground parts.

Dill

Anethum graveonlens

Above ground parts.

Eggplant

Solanum melongena

Fruit.

Fennel

Foeniculum vulgare

Leaf and stem

(b)(2)(i)

German

Matricaria chamomile chamomilla

and

Matricaria recutita

Flower and leaf

(b)(2)(i)

Jicama

Pachyrhizus tuberosus

or

P. erosus

Root.

Loroco

Fernaldia

spp

Flower and leaf.

Mint

Mentha

spp

Above ground parts.

Oregano

Origanum

spp.

Leaf and stem.

Papaya

Carica papaya

Fruit

(b)(1)(i), (b)(2)(iii)

Rambutan

Nephelium lappaceum

Fruit

(b)(2)(i), (b)(5)(iii)

Rhubarb

Rheum rhabarbarum

Above ground parts.

Rosemary

Rosmarinus officinalis

Leaf and stem

(b)(2)(i)

Tarragon

Artemisia dracunculus

Above ground parts.

Waterlily or lotus

Nelumbo nucifera

Roots without soil

(b)(2)(i)

Haiti

Jackfruit

Artocarpus heterophyllus

Fruit.

Honduras

Banana

Musa

spp

Flower.

Basil

Ocimum basilicum

Leaf and stem

(b)(2)(i), (b)(5)(iv)

Chicory

Cichorium

spp

Leaf and stem.

Cilantro

Coriandrum sativum

Above ground parts.

Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties

Brassica

spp

Whole plant of edible varieties only.

German chamomile

Matricaria recutita

and

Matricaria chamomilla

Flower and leaf.

(b)(2)(i)

Loroco

Fernaldia

spp

Flower and leaf

Oregano or sweet marjoram

Origanum

spp

Leaf and stem

(b)(2)(i)

Radish

Raphanus sativus

Root.

Rambutan

Nephelium lappaceum

Fruit

(b)(2)(i), (b)(5)(iii)

Waterlily or lotus

Nelumbo nucifera

Roots without soil

(b)(2)(i)

Yam-bean or Jicama root

Pachyrhizus

spp

Roots without soil

(b)(2)(i)

Indonesia

Dasheen

Colocasia

spp.,

Alocasia

spp., and

Xanthosoma

spp.

Tuber

(b)(2)(iv)

Onion

Allium cepa

Bulb.

Shallot

Allium ascalonicum

Bulb.

Israel

Arugula

Eruca sativa

Leaf and stem.

Chives

Allium schoenoprasum

Leaf.

Dill

Anethum graveolens

Above ground parts.

Mint

Mentha

spp

Above ground parts.

Parsley

Petroselinum crispum

Above ground parts.

Watercress

Nasturtium officinale

Leaf and stem.

Jamaica

Fenugreek

Tirgonella foenum-graceum

Leaf, stem, root.

Jackfruit

Artocarpus heterophyllus

Fruit.

Ivy gourd

Coccinia grandis

Fruit.

Pak choi

Brassica chinensis

Leaf and stem.

Pointed gourd

Trichosanthes dioica

Fruit.

Japan

Bamboo

Bambuseae

spp

Edible shoot, free of leaves and roots.

Mioga ginger

Zingiber mioga

Above ground parts.

Mung bean

Vigna radiata

Seed sprout.

Soybean

Glycine max

Seed sprout.

Liberia

Jute

Potato

Corchorus capsularis

Solanum tuberosum

Leaf.

Leaf.

Mexico

Allium

Anise

Apple

Apricot

Arugula

Asparagus

Banana

Bay leaf

Beet

Blueberry

Carrot

Coconut

Allium

spp

Pimpinella anisum

Malus domestica

Prunus armeniaca

Eruca sativa

Asparagus officinalis

Musa

spp

Laurus nobilis

Beta vulgaris

Vaccinium

spp.

Daucus carota

Cocos nucifera

Whole plant.

Leaf and stem.

Fruit.

Fruit.

Leaf and stem.

Whole plant.

Flower and fruit.

Leaf and stem.

Whole plant.

Fruit.

Whole plant.

Fruit without husk.

(b)(1)(iii)

(b)(1)(iii)

Fruit with milk and husk.

(b)(5)(v)

Cucurbits

Cucurbitaceae

Inflorescence, flower, and fruit.

Eggplant

Solanum melongena

Whole plant.

Fig

Ficus carica

Fruit

(b)(1)(iii), (b)(2)(i)

Grape

Vitis

spp

Fruit, cluster, and leaf

Grapefruit

Citrus paradisi

Fruit.

(b)(1)(iii)

Jicama

Pachyrhizus tuberosus

Whole plant.

Lambsquarters

Chenopodium

spp

Above ground parts.

Lemon

Citrus limon

Fruit.

Lime, sour

Citrus aurantiifolia

Fruit.

Mango

Mangifera indica

Fruit.

(b)(1)(iii)

Orange

Citrus sinensis

Fruit.

(b)(1)(iii)

Parsley

Petroselinum crispum

Whole plant.

Peach

Prunus persica

Fruit.

(b)(1)(iii)

Persimmon

Diospyros

spp

Fruit.

(b)(1)(iii)

Pineapple

Ananas comosus

Fruit.

Pitaya

Hylocereus

spp

Fruit.

(b)(1)(iv), (b)(2)(i)

Piper

Piper

spp

Leaf and stem.

Pomegranate

Punica granatum

Fruit.

(b)(1)(iii)

Porophyllum

Porophyllum

spp

Above ground parts.

Prickly-pear pad

Opuntia

spp

Pad.

Radish

Raphanus sativus

Whole plant.

Rambutan

Nephelium lappaceum

Fruit.

(b)(2)(i), (b)(5)(iii)

Rosemary

Rosmarinus officinalis

Above ground parts.

Salicornia

Salicornia

spp

Above ground parts.

Tangerine

Citrus reticulata

Fruit.

(b)(1)(iii)

Tepeguaje

Leucaena

spp.

Fruit.

Thyme

Thymus vulgaris

Above ground parts.

Tomato

Lycopersicon lycopersicum

Whole plant.

Tuna

Opuntia

spp

Fruit.

Morocco

Strawberry

Fragaria

spp

Fruit.

Morocco and Western Sahara

Tomato

Lycopersicon esculentum

Fruit.

(b)(4)(ii)

Netherlands

Leek

Radish

Allium

spp

Raphanus sativus

Whole plant.

Root.

(b)(5)(i)

New Zealand

Avocado

Fig

Oca

Persea americana

Ficus carica

Oxalis tuberosa

Fruit.

Fruit.

Tuber.

Nicaragua

Cilantro

Coriandrum sativum

Above ground parts.

Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties.

Brassica

spp

Whole plant of edible varieties only.

Eggplant

Solanum melongena

Fruit.

(b)(3)

Fennel

Foeniculum vulgare

Leaf and stem.

(b)(2)(i)

German chamomile

Matricaria recutita

and

M. chamomilla

Flower and leaf

(b)(2)(i)

Loroco

Fernaldia

spp

Leaf and stem.

Mint

Mentha

spp

Above ground parts.

Parsley

Petoselinum crispum

Above ground parts.

Radicchio

Cichorium

spp

Above ground parts.

Rambutan

Nephelium lappaceum

Fruit

(b)(2)(i), (b)(5)(iii)

Rosemary

Rosmarinus officinalla

Above ground parts

Waterlily or lotus

Nelumbo nucifera

Roots without soil

(b)(2)(i)

Yam-bean or Jicama root

Pachyrhizus

spp

Roots without soil

(b)(2)(i)

Panama

Basil

Ocimum

spp

Above ground parts.

Bean, green and lima

Phaseolus vulgaris

and

P. lunatus

Seed.

Belgian endive

Cichorium

spp

Above ground parts.

Chervil

Anthriscus cerefolium

Above ground parts.

Chicory

Cichorium

spp

Above ground parts.

Eggplant

Solanum melongena

Fruit.

Endive

Cichorium

spp

Above ground parts.

Fenugreek

Tirgonella foenum-graceum

Leaf and stem.

Lemon thyme

Thymus citriodorus

Leaf and stem.

Mint

Mentha

spp

Above ground parts.

Oregano

Origanum

spp

Above ground parts.

Rambutan

Nephelium lappaceum

Fruit

(b)(2)(i), (b)(5)(iii)

Rosemary

Rosmarinus officinalis

Above ground parts.

Tarragon

Artemisia dracunculus

Above ground parts.

Peru

Argula

Eruca sativa

Leaf and stem.

Basil

Ocimum

spp

Leaf and stem.

Carrot

Daucus carota

Root.

Chervil

Anthriscus

spp

Leaf and stem.

Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties.

Brassica

spp

Whole plant of edible varieties only.

Cornsalad

Valerianella

spp

Whole plant.

Dill

Anethum graveolens

Above ground parts.

Lambsquarters

Chenopodium album

Above ground parts.

Lemongrass

Cymbopogon

spp

Leaf and stem.

Marijoram

Origanum

spp

Above ground parts.

Mustard greens

Brassica juncea

Leaf.

Oregano

Origanum

spp

Leaf and stem.

Parsley

Petroselinum crispum

Leaf and stem.

Radicchio

Cichorium

spp

Leaf.

Swiss chard

Beta vulgaris

Leaf and stem.

Thyme

Thymus vulgaris

Above ground parts.

Philippines

Jicama

Pachyrhizus tuberosus

or

P. erosus

Root.

Poland

Pepper

Capsicum

spp

Fruit.

Tomato

Lycopersicon esculentum

Fruit.

Republic of Korea

Angelica

Aralia elata

Edible shoot.

Aster greens

Aster scaber

Leaf and stem.

Bonnet bellflower

Codonopsis lanceolata

Root.

Chard

Beta vulgaris

subsp.

cicla

Leaf.

Chinese bellflower

Platycodon grandiflorum

Root.

Dasheen

Colocasia

spp.,

Alocasia

spp., and

Xanthosoma

spp

Root

(b)(2)(iv)

Eggplant

Solanum melongena

Fruit.

Kiwi

Actinidia deliciosa

Fruit.

Lettuce

Lactuca sativa

Leaf.

Mugwort

Artemisia vulgaris

Leaf and stem.

Onion

Shepherd's pursue

Allium cepa

Capsell bursa

Bulb

Leaf and stem.

Strawberry

Watercress

Youngia greens

Fragaria

spp

Nasturtium official

Youngia sonchifolia

Leaf and stem.

Leaf and stem.

Leaf, stem, and root.

Sierra Leone

Cassava

Jute

Potato

Manihot esculenta

Corchorus capsularis

Solanum tuberosum

Leaf.

Leaf.

Leaf.

St. Vincent and the Grenadines

Turmeric

Curcuma longa

Rhizome.

South Africa

Artichoke, globe

Cynara scolymus

Immature flower head.

Pineapple

Ananas

spp

Fruit.

Spain

Eggplant

Tomato

Solanum melongena

Lycopersicon escyulentum

Fruit

Fruit

(b)(3)

(b)(4)(ii)

Watermelon

Citrullus lanatus

Fruit

(b)(3)

Suriname

Amaranth

Black palm nut

Jessamine

Malabar spinach

Mung bean

Pak choi

Amaranthus

spp

Astrocaryum

spp

Cestrum latifolium

Bassella alba

Vigna radiata

Brassica chinensis

Leaf and stem.

Fruit.

Leaf and stem.

Leaf and stem.

Seed sprout.

Leaf and stem.

Sweden

Dill

Astrocaryum graveolens

Above ground parts.

Taiwan

Bamboo

Bambuseae

spp

Edible shoot, free of leaves and roots.

Burdock

Wasabi (Japanese horseradich)

Arctium lappa

Wasabia japonica

Root.

Root and stem.

Thailand

Dasheen

Alocasia

spp.,

Colocaisa

spp., and

Xanthosoma

spp.

Leaf and stem.

Tumeric

Curcuma domestica

Leaf and stem.

Tonga

Burdock

Arctium lappa

Root, stem, and leaf.

Jicama

Pachyrhizus tuberosus

Root.

Pumpkin

Cucurbita maxima

Fruit.

Trinidad and Tobago

Lemongrass

Cymbopogon citratus

Leaf and stem.

Leren

Calathea allouia

Tuber.

Shield leaf

Cecropia peltata

Leaf and stem.

Zambia

Snow pea

Pisum sativum

spp.

sativum

Flat, immature pod.

(b) Additional restrictions for applicable fruits and vegetables as specified in paragraph (a) of this section.

(1)

Free areas

.

(i) The commodity must be from a Medfly-free area listed in § 319.56-2(j) and must be accompanied by a phytosanitary certificate issued by the national plant protection organization (NPPO) of the country of origin with an additional declaration stating that the commodity originated in a Medfly-free area.

(ii) The commodity must be from a Medfly-free area listed in § 319.56-2(j) and must be accompanied by a phytosanitary certificate issued by the NPPO of the country of origin with an additional declaration stating that the commodity originated in a free area. Fruit from outside Medfly-free areas must be treated in accordance with § 319.56-2x of this subpart.

(iii) The commodity must be from a fruit-fly free area listed in § 319.56-2(h) and must be accompanied by a phytosanitary certificate issued by the NPPO of the country of origin with an additional declaration stating that the commodity originated in a free area.

(iv) The commodity must be from a fruit-fly free area listed in § 319.56-2(h) and must be accompanied by a phytosanitary certificate issued by the NPPO of the country of origin with an additional declaration stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h) and, upon inspection, were found free of

Dymicoccus neobrevipes

and

Planococcus minor

.”

(2)

Restricted importation and distribution

.

(i) Prohibited entry into Puerto Rico, Virgin Islands, Hawaii, and Guam. Cartons in which commodity is packed must be stamped “Not for importation into or distribution within PR, VI, HI, or Guam.”

(ii) Prohibited entry into Puerto Rico, Virgin Islands, and Guam. Cartons in which commodity is packed must be stamped “Not for importation into or distribution within PR, VI, or Guam.”

(iii) Prohibited entry into Hawaii. Cartons in which commodity is packed must be stamped “Not for importation into or distribution within HI.”

(iv) Prohibited entry into Guam. Cartons in which commodity is packed must be stamped “Not for importation into or distribution within Guam.”

(3) Commercial shipments only.

(4)

Stage of fruit

.

(i) The bananas must be green at the time of export. Inspectors at the port of arrival will determine that the bananas were green at the time of export if: (1) Bananas shipped by air are still green upon arrival in the United States; and (2) bananas shipped by sea are either still green upon arrival in the United States or yellow but firm.

(ii) The tomatoes must be green upon arrival in the United States. Pink or red fruit may only be imported in accordance with § 319.56-2dd of this subpart.

(5)

Other conditions

.

(i) Must be accompanied by a phytosanitary certificate issued by the NPPO of the country of origin with an additional declaration stating that the commodity is apparently free of

Acrolepiopsis assectella

.

(ii) Entry permitted only from September 15 to May 31, inclusive, to prevent the introduction of a complex of exotic pests including, but not limited to a thrips (

Haplothrips chinensis

) and a leafroller (

Capua tortrix

).

(iii) Must be accompanied by a phytosanitary certificate issued by the NPPO of the country of origin with an additional declaration stating that the fruit is free from

Coccus moestus, C. viridis, Dysmicoccus neobrevipes, Planococcus lilacinus, P. minor,

and

Psedococcus landoi;

and all damaged fruit was removed from the shipment prior to export under the supervision of the NPPO.

(iv) Must be accompanied by a phytosanitary certificate issued by the NPPO of the country of origin with an additional declaration stating that the fruit is free from

Planococcus minor

.

(v) Must be accompanied by a phytosanitary certificate issued by the national plant protection organization of the country of origin with an additional declaration stating that the fruit is of the Malayan dwarf variety or Maypan variety (=F

1

hybrid, Malayan Dwarf×Panama Tall) (which are resistant to lethal yellowing disease) based on verification of the parent stock. (Approved by the Office of Management and Budget under control number 0579-0049)

4. Sections 319.56-2y and 319.56-2aa would be revised and a new § 319.56-2ll would be added to read as follows:

§ 319.56-2y

Conditions governing the entry of melon and watermelon from certain countries in South America.

(a)

Cantaloupe and watermelon from Ecuador

. Cantaloupe (

Cucumis melo

) and watermelon (

fruit

) (

Citrullus lanatus

) may be imported into the United States from Ecuador only in accordance with this paragraph and all other applicable requirements of this subpart:

(1) The cantaloupe or watermelon may be imported in commercial shipments only.

(2) The cantaloupe or watermelon must have been grown in an area where trapping for the South American cucurbit fly (

Anastrepha grandis

) has been conducted for at least the previous 12 months by the national plant protection organization (NPPO) of Ecuador, under the direction of APHIS, with no findings of the pest.

7

7

Information on the trapping program may be obtained by writing to the Animal and Plant Health Inspection Service, International Services, Stop 3432, 1400 Independence Avenue SW., Washington, DC 20250-3432.

(3) The following area meets the requirements of paragraph (a)(2) of this section: The area within 5 kilometers of either side of the following roads:

(i) Beginning in Guayaquil, the road north through Nobol, Palestina, and Balzar to Velasco-Ibarra (Empalme);

(ii) Beginning in Guayaquil, the road south through E1 26, Puerto Inca, Naranjal, and Camilo Ponce to Enriquez;

(iii) Beginning in Guayaquil, the road east through Palestina to Vinces;

(iv) Beginning in Guayaquil, the road west through Piedrahita (Novol) to Pedro Carbo; or

(v) Beginning in Guayaquil, the road west through Progreso, Engunga, Tugaduaja, and Zapotal to El Azucar.

(4) The cantaloupe or watermelon may not be moved into Alabama, American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas, and the U.S. Virgin Islands. The boxes in which the cantaloupe or watermelon is packed must be stamped with the name of the commodity followed by the words “Not to be distributed in the following States or territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA, MS, NM, PR, SC, TX, VI”.

(b)

Cantaloupe, honeydew melons, and watermelon from Brazil.

Cantaloupe, honeydew melons, and watermelon may be imported into the United States from Brazil only in accordance with this paragraph and all other applicable requirements of this subpart:

(1) The cantaloupe, honeydew melons, or watermelon must have been grown in the area of Brazil considered by APHIS to be free of the South American cucurbit fly in accordance with § 319.56-2(e)(4) of this subpart.

(i) The following area in Brazil is considered free of the South American cucurbit fly: That portion of Brazil bounded on the north by the Atlantic Ocean; on the east by the River Assu (Acu) from the Atlantic Ocean to the city of Assu; on the south by Highway BR 304 from the city of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro to the Ceara State line; and on the west by the Ceara State line to the Atlantic Ocean.

(ii) All shipments of cantaloupe, honeydew melons, and watermelon must be accompanied by a phytosanitary certificate issued by the NPPO of Brazil that includes a declaration indicating that the fruit was grown in an area recognized to be free of the South American cucurbit fly.

(2) The cantaloupe, honeydew melons, and watermelon must be packed in an enclosed container or vehicle, or must be covered by a pest-proof screen or plastic tarpaulin while in transit to the United States.

(3) All shipments of cantaloupe, honeydew melons, and watermelon must be labeled in accordance with § 319.56-2(g) of this subpart.

(c)

Cantaloupe, honeydew melons, and watermelon from Venezuela.

Cantaloupe, honeydew melons, and watermelon may be imported into the United States from Venezuela only in accordance with this paragraph and all other applicable requirements of this subpart:

(1) The cantaloupe, honeydew melons, or watermelon must have been grown in the area of Venezuela considered by APHIS to be free of the South American cucurbit fly in accordance with § 319.56-2(e)(4) of this subpart.

(i) The following area in Venezuela is considered free of the South American cucurbit fly: The Paraguana Peninsula, located in the State of Falcon, bounded on the north and east by the Caribbean Ocean, on the south by the Gulf of Coro and an imaginary line dividing the autonomous districts of Falcon and Miranda, and on the west by the Gulf of Venezuela.

(ii) All shipments of cantaloupe, honeydew melons, and watermelon must be accompanied by a phytosanitary certificate issued by the NPPO of Venezuela that includes a declaration indicating that the fruit was grown in an area recognized to be free of the South American cucurbit fly.

(2) The cantaloupe, honeydew melons, and watermelon must be packed in an enclosed container or vehicle, or must be covered by a pest-proof screen or plastic tarpaulin while in transit to the United States.

(3) All shipments of cantaloupe, honeydew melons, and watermelon must be labeled in accordance with § 319.56-2(g) of this subpart.

(d)

Cantaloupe, netted melon, vegetable melon, winter melon, and watermelon from Peru.

Cantaloupe, netted melon, vegetable melon, and winter melon (

Cucumis melo

L. subsp.

melo

); and watermelon may be imported into the United States from Peru only in accordance with this paragraph and all other applicable requirements of this subpart:

(1) The fruit may be imported in commercial shipments only.

(2) The fruit must have been grown in the area of Peru considered by APHIS to be free of the South American cucurbit fly in accordance with § 319.56-2(e)(4) of this subpart.

(i) The Departments of Lima, Ica, Arequipa, Moquegua, and Tacna in Peru are considered free of the South American cucurbit fly.

(ii) All shipments must be accompanied by a phytosanitary certificate issued by the NPPO of Peru that includes a declaration indicating that the fruit was grown in an area recognized to be free of the South American cucurbit fly, and upon inspection, were found free of the gray pineapple mealybug (

Dymicoccus neobrevipes

).

(3) The fruit must be packed in an enclosed container or vehicle, or must be covered by a pest-proof screen or plastic tarpaulin while in transit to the United States.

(4) All shipments of fruit must be labeled in accordance with § 319.56-2(g) of this subpart, and the boxes in which the fruit is packed must be labeled “Not for distribution in HI, PR, VI, or Guam.”

§ 319.56-2aa

Conditions governing the entry of watermelon, squash, cucumber, and oriental melon from the Republic of Korea.

Watermelon (

Citrullus lanatus

), squash (

Curcurbita maxima

), cucumber (

Cucumis sativus

), and oriental melon (

Cucumis melo

) may be imported into the United States from the Republic of Korea only in accordance with this paragraph and all other applicable requirements of this subpart:

(a) The fruit must be grown in pest-proof greenhouses registered with the

Republic of Korea's national plant protection organization (NPPO).

(b) The NPPO must inspect and regularly monitor greenhouses for plant pests. The NPPO must inspect greenhouses and plants, including fruit, at intervals of no more than 2 weeks, from the time of fruit set until the end of harvest.

(c) The NPPO must set and maintain fruit fly traps in greenhouses from October 1 to April 30. The number of traps must be set as follows: Two traps for greenhouses smaller than 0.2 hectare in size; three traps for greenhouses 0.2 to 0.5 hectare; four traps for greenhouses over 0.5 hectare and up to 1.0 hectare; and for greenhouses greater than 1 hectare, traps must be placed at a rate of four traps per hectare.

(d) The NPPO must check all traps once every 2 weeks. If a single pumpkin fruit fly is captured, that greenhouse will lose its registration until trapping shows that the infestation has been eradicated.

(e) The fruit may be shipped only from December 1 through April 30.

(f) Each shipment must be accompanied by a phytosanitary certificate issued by NPPO, with the following additional declaration: “The regulated articles in this shipment were grown in registered greenhouses as specified by 7 CFR 319.56-2aa.”

(g) Each shipment must be protected from pest infestation from harvest until export. Newly harvested fruit must be covered with insect-proof mesh or a plastic tarpaulin while moving to the packinghouse and awaiting packing. Fruit must be packed within 24 hours of harvesting, in an enclosed container or vehicle or in insect-proof cartons or cartons covered with insect-proof mesh or plastic tarpaulin, and then placed in containers for shipment. These safeguards must be intact when the shipment arrives at the port in the United States.

§ 319.56-2ll

Conditions governing the entry of grapes from the Republic of Korea.

Grapes (

Vitis

spp.) may be imported into the United States from the Republic of Korea under the following conditions:

(a) The fields where the grapes are grown must be inspected during the growing season by the Republic of Korea's national plant protection organization (NPPO). The NPPO will inspect 250 grapevines per hectare, inspecting leaves, stems, and fruit of the vines.

(b) If evidence of

Conogethes punctiferalis, Eupoecilia ambiguella, Sparganothis pilleriana, Stathmopoda auriferella,

or

Monilinia fructigena

is detected during inspection, the field will immediately be rejected, and exports from that field will be canceled until visual inspection of the vines shows that the infestation has been eradicated.

(c) Fruit must be bagged from the time the fruit sets until harvest.

(d) Each shipment must be inspected by the NPPO before export. For each shipment, the NPPO must issue a phytosanitary certificate with an additional declaration stating that the fruit in the shipment was found free from

C. punctiferalis, E. ambiguella, S. pilleriana, S. auriferella,

or

M. fructigena,

and

Nippoptilia vitis

.

Done in Washington, DC, this 11th day of December, 2003.

Bobby R. Acord,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 03-31202 Filed 12-17-03; 8:45 am]

BILLING CODE 3410-34-P