Importation of Fruits and Vegetables

FEDERAL LABOR RELATIONS AUTHORITY

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 93-101-1]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow a number of previously prohibited

fruits and vegetables to be imported into the United States from

certain parts of the world. All of the fruits and vegetables, as a

condition of entry, would be subject to inspection, disinfection, or

both, at the port of first arrival as may be required by a U.S.

Department of Agriculture inspector. In addition, some of the fruits

and vegetables would be required to undergo prescribed treatments for

fruit flies or other injurious insects as a condition of entry, or to

meet other special conditions. This proposed action would provide the

United States with additional kinds and sources of fruits and

vegetables while continuing to provide protection against the

introduction and dissemination of injurious plant pests by imported

fruits and vegetables.

We are also proposing to make several minor changes to the

regulations for the sake of clarity.

DATES: Consideration will be given only to comments received on or

before June 1, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 93-101-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Cooper or Mr. Peter

Grosser, Senior Operations Officers, Port Operations, Plant Protection

and Quarantine, APHIS, USDA, room 635, Federal Building, 6505 Belcrest

Road, Hyattsville, MD 20782, (301) 436-8295.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR 319.56 through 319.56-8 (referred to below

as the regulations) prohibit or restrict the importation of fruits and

vegetables into the United States from certain parts of the world to

prevent the introduction and dissemination of injurious insects that

are new to or not widely distributed within and throughout the United

States.

We are proposing to amend the regulations to allow additional

fruits and vegetables to be imported into the United States from

certain parts of the world under specified conditions. The importation

of these fruits and vegetables has been prohibited because of the risk

that the fruits and vegetables could introduce injurious insects into

the United States. We are proposing to allow these importations at the

request of various importers and foreign ministries of agriculture, and

after conducting pest risk analyses1 that indicate the fruits or

vegetables can be imported under certain conditions without significant

pest risk.

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\1\Information on these pest risk analyses and any other pest

risk analysis referred to in this document may be obtained by

writing to the person listed under FOR FURTHER INFORMATION CONTACT.

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All of the fruits and vegetables included in this document would be

subject to the requirements in Sec. 319.56-6 of the regulations.

Section 319.56-6 provides, among other things, that all imported fruits

and vegetables, as a condition of entry, shall be subject to

inspection, disinfection, or both, at the port of first arrival, as may

be required by a U.S. Department of Agriculture (USDA) inspector to

detect and eliminate plant pests. Section 319.56-6 also provides that

any shipment of fruits and vegetables may be refused entry if the

shipment is infested with fruit flies or other dangerous plant pests

and an inspector determines that it cannot be cleaned by disinfection

or treatment.

Some of the fruits and vegetables proposed for importation would be

required to undergo prescribed treatments for fruit flies or other

insect pests as a condition of entry, or to meet other special

conditions.

The proposed conditions of entry, which are discussed in greater

detail below, appear adequate to prevent the introduction and

dissemination of injurious plant pests by the importation of fruits and

vegetables from certain foreign countries and localities into the

United States.

Subject to Inspection and Treatment Upon Arrival

We are proposing to allow the following fruits and vegetables to be

imported into the United States from the country or locality indicated

in accordance with Sec. 319.56-6 and all other applicable requirements

of the regulations:

------------------------------------------------------------------------

Country/locality Common name Botanical name Plant part(s)

------------------------------------------------------------------------

Argentina........ Artichoke, globe. Cynara scolymus. Immature flower

head.

Belize........... Mint............. Mentha spp...... Above ground

parts.

Indonesia........ Dasheen.......... Colocasia spp., Tuber.

Alocasia spp.,

and Xanthosoma

spp.

Jamaica.......... Ivy gourd........ Coccinia grandis Fruit.

Pointed gourd.... Trichosanthes Fruit.

dioica.

Mexico........... Tepeguaje........ Leucaena spp.... Fruit.

Peru............. Arugula.......... Eruca sativa.... Leaf and stem.

Chervil.......... Anthriscus spp.. Leaf and stem.

Lemongrass....... Cymbopogon spp.. Leaf and stem.

Mustard greens... Brassica juncea. Leaf.

South Africa..... Artichoke, globe. Cynara scolymus. Immature flower

head.

Spain............ Tomato........... Lycopersicon Green fruit.

esculentum.

------------------------------------------------------------------------

We also propose to prohibit the entry of dasheen from Indonesia

into Guam, to prevent the introduction of dasheen mosaic virus. Cartons

in which dasheen from Indonesia are packed must be stamped ``Not for

distribution in Guam.''

Except for dasheen from Indonesia, pest risk analyses conducted by

the Animal and Plant Health Inspection Service (APHIS) have shown that

the fruits and vegetables listed above are not attacked by fruit flies

or other injurious plant pests, either because they are not hosts to

the pests or because the pests are not present in the country or

locality of origin. In addition, we have determined that any other

injurious plant pests that might be carried by the listed fruits or

vegetables would be readily detectable by a USDA inspector. Therefore,

the provisions in Sec. 319.56-6 concerning inspection, disinfection, or

both, at the port of first arrival, appear adequate to prevent the

introduction into the United States of injurious plant pests by the

importation of these fruits and vegetables.

Subject to Inspection and Treatment Upon Arrival; Additional

Conditions

In addition to the fruits and vegetables listed above, we are

proposing to allow the following fruits and vegetables to be imported

into the United States. These commodities, like the fruits and

vegetables mentioned above, would be imported into the United States in

accordance with Sec. 319.56-6 and all other applicable requirements of

the regulations. However, in order to prevent the spread of certain

injurious plant pests, we are attaching additional conditions to their

proposed importation. These additional conditions, which are explained

below, appear to be adequate to prevent the introduction into the

United States of injurious plant pests by the importation of these

fruits and vegetables.

Tomatoes from Spain. We are proposing to allow pink or red tomatoes

(fruit) (Lycopersicon esculentum) from the Almeria province of Spain to

be imported into the United States under certain conditions. Though

pink and red tomatoes are a recorded host of the Mediterranean fruit

fly (Medfly), which is known to occur in Spain, we have determined that

tomatoes grown under certain conditions in the Almeria Province of

Spain can be imported into the United States without presenting a

significant risk of introducing Medfly. We believe the multiple

safeguards discussed below would be adequate to guard against the

introduction of Medfly with the pink or red tomatoes. (As shown in the

list above, we are proposing to allow green tomatoes to be imported

into the United States from all of Spain, subject only to requirements

under Sec. 319.56-6 of the regulations and all other applicable

requirements of the regulations.)

We are proposing to allow pink or red tomatoes grown in the Almeria

Province to be imported into the United States because Almeria is the

only province the Spanish Government has agreed to regulate as follows.

Pink or red tomatoes from Almeria could be shipped from Spain only from

December 1 though April 30, and only if they were grown in greenhouses

registered with and inspected by the Spanish Ministry of Agriculture,

Fisheries, and Food (MAFF). Beginning 2 months prior to shipping and

continuing through April 30, MAFF would be required to set and maintain

Medfly traps baited with trimedlure inside the greenhouses at a rate of

four traps per hectare. In all areas outside the greenhouses and within

8 kilometers, including urban and residential areas, MAFF would be

required to place Medfly traps at a rate of four traps per square

kilometer. All traps would have to be checked every 7 days.

Capture of a single Medfly in a registered greenhouse would

immediately cancel exports from that greenhouse until the source of

infestation is determined, all flies are eradicated, and measures are

taken to preclude any future infestation. Capture of a single fly

within 2 kilometers of a registered greenhouse would necessitate

increasing trap density in order to determine whether there is a

reproducing population in the area or if the single fly had been

introduced accidentally. Capture of two flies within 2 kilometers of a

registered greenhouse and within a 1-month time period would cancel

exports from all registered greenhouses within 2 kilometers of the

find, until the source of infestation is determined and all flies are

eradicated.

We would require pink or red tomatoes to be packed within 24 hours

of harvest, to be safeguarded by a flyproof mesh screen or plastic

tarpaulin in transit to the packing house and while awaiting packing,

and to be packed in flyproof containers for transit to the airport and

subsequent shipping to the United States.

MAFF would be responsible for export certification inspection and

issuance of phytosanitary certificates. The phytosanitary certificates

would be required to bear the following declaration: ``These tomatoes

were grown in registered greenhouses in Almeria Province in Spain.''

These phytosanitary certificates would be required to accompany any

shipment of such tomatoes.

Treatment Required

The fruits and vegetables listed below are attacked by the Medfly

or other injurious insects, as specified below, in their country or

locality of origin. Visual inspection cannot be relied upon to detect

the insects, but the fruits and vegetables can be treated to destroy

the insects. Therefore, we propose to allow these fruits and vegetables

to be imported into the United States, or specified parts of the United

States, only if they have been treated in accordance with the Plant

Protection and Quarantine (PPQ) Treatment Manual, which has been

incorporated by reference into the Code of Federal Regulations at 7 CFR

300.1.

In addition to requiring the treatment listed below for litchi

imported from Taiwan, we also propose to prohibit its entry into

Florida, to prevent introduction of the pest Eriophyes lichtii. Cartons

in which litchi from Taiwan are packed must be stamped ``Not for

distribution in FL.''

We would revise the PPQ Treatment Manual to show that treatments

are required as follows for the fruits and vegetables listed below:

------------------------------------------------------------------------

Country Common name, Botanical name, and plant part(s)

------------------------------------------------------------------------

Ecuador............. Blueberry, Vaccinium spp., Fruit.

Fumigation as follows for Medfly:

With methyl bromide at NAP--chamber or tarpaulin:

32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 21

deg.C (70 deg.F) or above, with minimum gas

concentrations of:

26g (26 oz) at \1/2\ hour after fumigation begins.

22g (22 oz) at 2 hours after fumigation begins.

21g (21 oz) at 3\1/2\ hours after fumigation

begins.

32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 18-

20.5 deg.C (6569 deg.F), with minimum gas

concentrations of:

26g (26 oz) at \1/2\ hour after fumigation begins.

22g (22 oz) at 2 hours after fumigation begins.

19g (19 oz) at 3\1/2\ hours after fumigation

begins.

(Fruit must be at the indicated temperature at

start of fumigation.)

Israel.............. Cactus, Opuntia spp., Fruit.

Fumigation as follows for Medfly:

With methyl bromide at NAP--chamber or tarpaulin:

32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 21

deg.C (70 deg.F) or above, with minimum gas

concentrations of:

26g (26 oz) at \1/2\ hour after fumigation begins.

21g (21 oz) at 2 hours after fumigation begins.

21g (21 oz) at 3\1/2\ hours after fumigation

begins.

(Fruit must be at the indicated temperature at

start of fumigation.)

Mexico.............. Cherry, Prunus avium, Fruit.

Cold treatment as follows for fruit flies of the

genus Anastrepha:

18 days at 0.55 deg.C (33 deg.F) or below.

20 days at 1.11 deg.C (34 deg.F) or below.

22 days at 1.66 deg.C (35 deg.F) or below.

(Pulp of the fruit must be at or below the

indicated temperature at time of beginning

treatment.)

Peru................ Blueberry, Vaccinium spp., Fruit.

Fumigation for Medfly as set forth above for

blueberries from Ecuador.

Taiwan.............. Litchi, Litchi chinensis, Fruit.

Cold treatment as follows for fruit flies of the

genus Bactrocera and for Conopomorpha sinensis:

15 days at 1 deg.C (33.8 deg.F) or below.

18 days at 1.39 deg.C (34.5 deg.F) or below.

(Pulp of the fruit must be at or below the

indicated temperature at time of beginning

treatment.)

Thailand............ Asparagus, Asparagus officinalis, Shoot.

Fumigation as follows for Scirtothrips dorsalis:

With methyl bromide at NAP--chamber or tarpaulin:

40 g/m3 (2.5 lb/1000 ft3) for 2 hours at 26.5

deg.C (80 deg.F) or above, with minimum gas

concentrations of:

32g (oz) at \1/2\ hour after fumigation begins

24g (oz) at 2 hours after fumigation begins

48 g/m3 (3 lb/1000 ft3) for 2 hours at 21-26

deg.C (70-79 deg.F), with minimum gas

concentrations of:

38g (oz) at \1/2\ hour after fumigation begins.

29g (oz) at 2 or hours after fumigation begins.

64 g/m3 (4 lb/1000 ft3) for 2 hours at 15.5-20.5

deg.C (60-69 deg.F), with minimum gas

concentrations of:

48g (oz) at \1/2\ hour after fumigation begins.

38g (oz) at 2 or hours after fumigation begins.

(Fruit must be at the indicated temperature at

start of fumigation.)

Uruguay............. Plum, Prunus domestica, Fruit.

Cold treatment as follows for Medfly and fruit

flies of the genus Anastrepha.

11 days at 0 deg.C (32 deg.F) or below.

13 days at 0.55 deg.C (33 deg.F) or below.

15 days at 1.11 deg.C (34 deg.F) or below.

17 days at 1.66 deg.C (35 deg.F) or below.

(Pulp of the fruit must be at or below. the

indicated temperature at time of beginning

treatment.)

------------------------------------------------------------------------

The treatments described above have been determined to be effective

against the specified insects. This determination is based on research

evaluated and approved by the Department. A bibliography and additional

information on this research may be obtained from the Hoboken Methods

Development Center, PPQ, APHIS, USDA, 209 River Street, Hoboken, NJ,

07030.

Fruits and vegetables required to be treated for fruit flies would

be restricted to North Atlantic ports of arrival if treatment has not

been completed before the fruits and vegetables arrive in the United

States. Climatic conditions at North Atlantic ports are unsuitable for

the fruit flies listed above. Therefore, in the unlikely event that any

fruit flies escape before treatment, they will not become established

pests in the United States. North Atlantic ports are: Atlantic Ocean

ports north of and including Baltimore; ports on the Great Lakes and

St. Lawrence Seaway; Canadian border ports on the North Dakota border

and east of North Dakota; and, for air shipments, Washington, DC

(including Baltimore-Washington International and Dulles International

airports).

Pest risk analyses conducted by APHIS have determined that any

other injurious plant pests that might be carried by the fruits and

vegetables listed above would be readily detectable by a USDA

inspector. As noted, the fruits and vegetables would be subject to

inspection, disinfection, or both, at the port of first arrival, in

accordance with Sec. 319.56-6.

Use of Methyl Bromide

Methyl bromide is currently in widespread use as a fumigant. It is

prescribed as a treatment for three of the commodities included in this

proposal (blueberries from Ecuador and Peru, cactus from Israel, and

asparagus from Thailand). The environmental effects of using methyl

bromide, however, are being scrutinized by international, Federal, and

State agencies. The U.S. Environmental Protection Agency (EPA), based

on its evaluation of data concerning the ozone depletion potential of

methyl bromide, published a notice of final rulemaking in the Federal

Register on December 10, 1993 (58 FR 65018-65082). This rulemaking

freezes methyl bromide production at 1991 levels and requires the

phasing out of domestic use of methyl bromide by the year 2001. APHIS

is studying the effectiveness and environmental acceptability of

alternative treatments to prepare for the eventual unavailability of

methyl bromide fumigation. Our current proposal assumes the continued

availability of methyl bromide for use as a fumigant for at least the

next few years.

Miscellaneous

We are also proposing to make several minor changes to the fruit

and vegetable regulations for the sake of clarity. In Sec. 319.56-2t,

we are proposing to clarify prohibitions on imports into the United

States of ginger from the Cook Islands and dasheen from South Korea.

For both commodities, we propose to specify that their packing

containers be stamped with notices stating that the commodities are not

to be distributed in certain areas of the United States. These areas

are already listed in the regulations.

Also in Sec. 319.56-2t, under the entries for Israel and Mexico, we

are proposing to change the listed common name for Eruca sativa from

``Garden rocket'' to ``Arugula.''

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 purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

This proposed rule would amend the regulations governing the

importation of fruits and vegetables by allowing a number of previously

prohibited fruits and vegetables to be imported into the United States

from certain foreign countries and localities under specified

conditions. The importation of these fruits and vegetables has been

prohibited because of the risk that they could introduce injurious

plant pests into the United States. This proposed rule would revise the

status of certain commodities from certain countries and localities,

allowing their importation into the United States for the first time.

Our proposed changes are based on biological risk analyses that

were conducted by APHIS at the request of various importers and foreign

ministries of agriculture. The risk analyses indicate that the fruits

or vegetables listed in this proposed rule could, under certain

conditions, be imported into the United States without significant pest

risk. All of the fruits and vegetables, as a condition of entry, would

be subject to inspection, disinfection, or both, at the port of first

arrival as may be required by a USDA inspector. In addition, some of

the fruits and vegetables in this proposal would be required to undergo

mandatory treatment for fruit flies or other injurious insects as a

condition of entry, or to meet other special conditions. Thus, our

proposed action would provide the United States with additional kinds

and sources of fruits and vegetables while continuing to provide

protection against the introduction into the United States of injurious

plant pests by imported fruits and vegetables.

Of the fruits and vegetables proposed for importation into the

United States, domestic production and related import information is

available only for artichokes, asparagus, blueberries, sweet cherries,

dasheens, plums, and pink and red tomatoes.

We have used both published elasticities and price flexibilities to

estimate the potential economic effects of allowing artichokes,

asparagus, blueberries, sweet cherries, dasheens, plums, and pink and

red tomatoes to be imported into the United States; both examine the

relationship between changes in supply and subsequent changes in price.

Domestic production and import information was not available for

the other commodities that could be imported into the United States

under this proposal, because these other commodities are not produced

on a large scale domestically. We anticipate, therefore, that allowing

these other commodities to be imported into the United States would not

have a significant economic impact on domestic producers.

Artichokes

In 1987, 67 domestic producers harvested artichokes; all but one

were in California. It is likely that most of these producers would be

classified as small entities using Small Business Administration (SBA)

criteria (annual gross receipts of $0.5 million or less). In 1992,

domestic producers harvested 118 million pounds of artichokes for the

fresh market, with an estimated value of $39.2 million.

This proposed rule would allow artichokes to be imported into the

United States from Argentina and South Africa under certain conditions.

Argentina produces approximately 165 million pounds of artichokes

annually. We estimate that Argentina could export to the United States

about 44,000 pounds of artichokes per year over the next three years.

This volume of artichoke imports would constitute about 2.0 percent of

current total imports to the United States, less than 0.10 percent of

current domestic production, and less than 0.10 percent of the current

total artichoke supply in the United States (domestic and imports).

Assuming that a less than 0.10 percent increase in the supply of

artichokes would lead to an approximately 0.12 percent decrease in the

domestic price of artichokes (using the price elasticity for fresh

vegetables, -0.320), we estimate that this increase in supply would

result in a price decrease of about $0.038 per hundredweight (cwt), or

$0.00038 per pound, from an original price of $33.40 per cwt. As a

result of the price decrease, there could be a decrease in the total

revenue of domestic artichoke producers of about $45,000, roughly 0.12

percent of their total revenue of $39.2 million. We anticipate,

therefore, that allowing artichokes to be imported into the United

States from Argentina would not have a significant economic impact on

domestic producers.

Allowing artichokes to be imported from South Africa would have an

even smaller impact on domestic producers. Production data for South

Africa is not available. South Africa's total exports of artichokes

were less than 2,000 pounds in 1991 and less than 700 pounds in 1992.

Even if South Africa exported 2,000 pounds annually to the United

States, which is unlikely, the price decrease would be negligible, as

would be the decrease in total revenue. Therefore, allowing artichokes

to be imported from South Africa also would not have a significant

economic impact on domestic artichoke producers.

Asparagus

In 1987, 3,033 domestic producers harvested asparagus. It is likely

that most of these producers would be classified as small entities by

SBA standards. In 1992, domestic producers harvested 135 million pounds

of asparagus for the fresh market, with an estimated value of $116

million.

This proposed rule would allow asparagus to be imported into the

United States from Thailand under certain conditions. In 1992, Thailand

produced approximately 26.5 million pounds of asparagus and exported

5.5 million pounds. Japan imported 80 percent of Thailand's asparagus

exports (4.4 million pounds), with the remaining 20 percent imported by

five other countries. Currently, there is no reported excess supply of

asparagus in Thailand.

We expect annual asparagus imports into the United States from

Thailand would be minimal, possibly 220,000 pounds, as a result of this

rule. This volume of asparagus would constitute about 0.38 percent of

current total imports to the United States, about 0.16 percent of

current domestic production, and about 0.11 percent of the current

total asparagus supply in the United States.

Assuming that an 0.11 percent increase in the supply of asparagus

would lead to a decrease of about 0.36 percent in the domestic price of

asparagus (using the price elasticity for fresh vegetables, -0.320), we

estimate that this increase in supply would result in a price decrease

of about $0.31 per cwt, or $0.0031 per pound, from an original price of

$86.00 per cwt. As a result of the price decrease, there could be a

decrease in total revenue of domestic asparagus producers of about

$415,000, roughly 0.36 percent of the original total revenue of $116

million. We anticipate, therefore, that allowing asparagus to be

imported from Thailand would not have a significant economic impact on

domestic asparagus producers.

Blueberries

In 1987, 3,911 farms in 36 states harvested 109.4 million pounds of

cultivated blueberries. Additionally, 501 farms in six of the same

states harvested 32.6 million pounds of wild blueberries. It is likely

that most of these producers would be classified as small entities by

SBA standards. In 1992, domestic producers harvested 44.7 million

pounds of blueberries for the fresh market, with an estimated value of

$48.0 million.

This proposed rule would allow blueberries to be imported into the

United States from Ecuador and Peru under certain conditions. Blueberry

production and export data are not available for either Ecuador or

Peru. Blueberries are not a formal crop in either country; they only

grow wild. There is limited local consumption near the production

areas. We anticipate that an insignificant amount of blueberries, if

any, would be exported to the United States from either country as a

result of this proposal. We anticipate, therefore, that allowing

blueberries to be imported from Ecuador and Peru would not have a

significant economic impact on domestic blueberry producers.

Sweet Cherries

In 1987, 7,171 domestic producers harvested sweet cherries. It is

likely that most of these producers would be classified as small

entities by SBA standards. In 1992, domestic producers harvested 191

million pounds of sweet cherries produced for the fresh market, with an

estimated value of $115 million.

This proposed rule would allow sweet cherries to be imported into

the United States from Mexico. In 1992, Mexico produced approximately

225,000 pounds of cherries, both sweet and sour. We anticipate that any

cherry imports from Mexico as a result of this proposal would be

minimal, since presently, most of Mexico's cherry production is

consumed locally. However, in the unlikely event that Mexico exported

into the United States 225,000 pounds of sweet cherries, it would

constitute only about 4.9 percent of current total imports, about 0.12

percent of current U.S. production and about 0.12 percent of the

current total sweet cherry supply in the United States (domestic and

imports).

Assuming that an 0.12 percent increase in the supply of sweet

cherries would lead to a decrease of about 0.054 percent in the

domestic price (using the price flexibility for sweet cherries,

-0.470), we estimate that this increase in supply would result in a

price decrease of about $0.65 per ton, or $0.00032 per pound, from an

original price of $1,200 per ton. As a result of the price decrease,

there could be a decrease in total revenue of sweet cherry producers of

about $62,000, which is roughly 0.054 percent of the original total

revenue of $115 million. Therefore, we anticipate that allowing sweet

cherries to be imported from Mexico would not have a significant

economic impact on domestic sweet cherry producers.

Dasheen (Taro)

In 1987, 191 domestic producers harvested taro, 187 in Hawaii. It

is likely that most of these producers would be classified as small

entities by SBA standards. In 1991, domestic producers harvested 7.0

million pounds of taro for the fresh market, with an estimated value of

$3.0 million.

This proposed rule would allow taro to be imported into the United

States from Indonesia. Production and export data for taro are not

available for Indonesia. Taro consumption is limited mostly to the

local areas, although Indonesia exports small quantities to Japan, Hong

Kong, Korea, Malaysia, Singapore and Taiwan. We anticipate that very

little, if any, taro would be exported to the United States as a result

of this rule. We anticipate, therefore, that allowing taro to be

imported from Indonesia would not have a significant economic impact on

domestic taro producers.

Plums

In 1987, 8,789 domestic producers harvested plums and prunes. It is

likely that most of these producers would be classified as small

entities by SBA standards. In 1992, domestic producers harvested 537

million pounds of plums and prunes for the fresh market, with an

estimated value of $67.7 million.

This proposed rule would allow plums to be imported into the United

States from Uruguay. Plum production and export data is not available

for Uruguay, and we anticipate that an insignificant amount of plums

would be exported to the United States as a result of this rule.

Consequently, we anticipate that allowing plums to be imported from

Uruguay would not have a significant economic impact on domestic plum

producers.

Tomatoes

In 1987, 14,542 domestic producers harvested tomatoes. It is likely

that most of these producers would be classified as small entities by

SBA standards. In 1992, domestic producers harvested 3.6 billion pounds

of tomatoes for the fresh market, with an estimated value of $1.3

billion.

This proposed rule would allow pink and red tomatoes to be imported

into the United States from the Almeria Province of Spain if they meet

with the stringent growing and shipping requirements outlined above.

Annual production in the Almeria Province of Spain averages between 4.4

million and 6.6 million pounds. Spanish officials anticipate that

annual tomato exports to the United States will range from 440,000 to

660,000 pounds and will occur from December to April.

If the volume of tomatoes to be imported from the Almeria Province

were to reach 660,000 pounds, it would constitute about 0.15 percent of

current total imports to the United States, about 0.018 percent of

current domestic production and about 0.016 percent of the current

total tomato supply in the United States (domestic and imports).

Assuming that an 0.016 percent increase in the supply of tomatoes

would lead to a decrease of about 0.046 percent in the domestic price

(using the price flexibility for tomatoes, -0.355), we estimate that

this increase in supply would result in a price decrease of about

$0.017 per cwt, or $0.00017 per pound, from an original price of $36.30

per cwt. As a result of the price decrease, there could be a decrease

in total revenue of tomato producers of about $600,000, which is

roughly 0.046 percent of the original total revenue of Sec. 1.3

billion. Therefore, we anticipate that allowing pink or red tomatoes to

be imported from Almeria, Spain would not have a significant economic

impact on domestic tomato producers.

The aggregate economic impact of this proposed rule is expected to

be positive. U.S. consumers would benefit from a greater availability

of fruits and vegetables. U.S. importers would also benefit from a

greater availability of fruits and vegetables to import. It is not

likely that any U.S. producers, large or small, of fruits and

vegetables would be affected in a significant economic way by the

easing of importation restrictions on these particular commodities.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12778

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

An environmental assessment and finding of no significant impact

have been prepared for this proposed rule. The assessment provides a

basis for the conclusion that the importation of fruits and vegetables

under the conditions specified in this proposed rule would not present

a significant risk of introducing or disseminating plant pests and

would not have a significant impact on the quality of the human

environment. Based on the finding of no significant impact, the

Administrator of the Animal and Plant Health Inspection Service has

determined that an environmental impact statement need not be prepared.

The environmental assessment and finding of no significant impact

were prepared in accordance with: (1) The National Environmental Policy

Act of 1969 (NEPA) (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 Guidelines

Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-

51274, August 31, 1979).

Copies of the environmental assessment and finding of no

significant impact are available for public inspection at USDA, room

1141, South Building, 14th Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,

except holidays. In addition, copies may be obtained by writing to the

individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

This proposed rule contains no information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 300

Incorporation by reference, Plant diseases and pests, Quarantine.

7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by

reference, Nursery stock, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Rice, Vegetables.

Accordingly, title 7, chapter III, of the Code of Federal

Regulations would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 would be revised to read as

follows:

Authority: 7 U.S.C. 150ee, 161, 162; 7 CFR 2.17, 2.51, and

371.2(c).

2. In Sec. 300.1, paragraph (a) would be revised to read as

follows:

Sec. 300.1 Materials incorporated by reference.

(a) The Plant Protection and Quarantine Treatment Manual, which was

revised and reprinted November 30, 1992, and includes all revisions

through ______, has been approved for incorporation by reference in 7

CFR chapter III by the Director of the Office of the Federal Register

in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

3. The authority citation for part 319 would continue to read as

follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450; 21 U.S.C.

136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).

4. In Sec. 319.56-2t, the table would be amended by adding, in

alphabetical order, the following:

Sec. 319.56-2t Administrative instructions: conditions governing the

entry of certain fruits and vegetables.

* * * * *

------------------------------------------------------------------------

Country/locality Common name Botanical name Plant part(s)

------------------------------------------------------------------------

Argentina........ Artichoke, globe. Cynara scolymus. Immature flower

head.

* * * * * * *

Belize:

* * * * * * *

Mint............. Mentha spp...... Above ground

parts.

* * * * * * *

Indonesia........ Dasheen.......... Colocasia spp.,. Alocasia spp.,

and

and.............. ................. Xanthosoma spp.. Tuber

(Prohibited

entry into Guam

due to dasheen

mosaic virus.

Cartons in

which dasheen

is packed must

be stamped

``Not for

distribution in

Guam.'') .

* * * * * * *

Jamaica:

* * * * * * *

Ivy gourd........ Coccinia grandis Fruit.

* * * * * * *

Pointed gourd.... Trichosanthes Fruit.

dioica.

* * * * * * *

Mexico:

* * * * * * *

Tepeguaje........ Leucaena spp.... Fruit.

* * * * * * *

Peru:

Arugula.......... Eruca sativa.... Leaf and stem.

* * * * * * *

Chervil.......... Anthriscus spp.. Leaf and stem.

* * * * * * *

Lemongrass....... Cymbopogon spp.. Leaf and stem.

Mustard greens... Brassica juncea. Leaf.

* * * * * * *

South Africa..... Artichoke, globe. Cynara scolymus. Immature flower

head.

* * * * * * *

Spain............ Tomato........... Lycopersicon Green fruit

esculentum. (pink or red

fruit from

Almeria

Province may be

imported only

in accordance

with Sec.

319.56-2cc).

------------------------------------------------------------------------

* * * * *

5. In Sec. 319.56-2t, the table would be amended for the Cook

Islands and South Korea entries, under the heading Plant Part(s), by

adding a sentence to each as follows:

Sec. 319.56-2t Administrative instructions: conditions governing the

entry of certain fruits and vegetables.

* * * * *

------------------------------------------------------------------------

Country/locality Common name Botanical name Plant part(s)

------------------------------------------------------------------------

* * * * * * *

Cook Islands:

* * * * * * *

Ginger........... ***............. *** Cartons in

which ginger is

packed must be

stamped ``Not

for

distribution in

PR, VI, or

Guam.'')

* * * * * * *

South Korea:

* * * * * * *

Dasheen ***.............. *** Cartons in

which dasheen

is packed must

be stamped

``Not for

distribution in

Guam.'' .

------------------------------------------------------------------------

* * * * *

6. In Sec. 319.56-2t, the table would be amended for the Israel and

Mexico entries, under the heading Common name, by removing the word

``Garden Rocket'' from both entries and adding ``Arugula'' in its place

in both entries.

7. In Sec. 319.56-2x, paragraph (a), the table would be amended by

adding, in alphabetical order, the following:

Sec. 319.56-2x Administrative instructions: conditions governing the

entry of certain fruits and vegetables for which treatment is required.

(a) * * *

------------------------------------------------------------------------

Country/locality Common name Botanical name Plant part(s)

------------------------------------------------------------------------

* * * * * * *

Ecuador.......... Blueberry........ Vaccinium spp... Fruit.

* * * * * * *

Israel........... Cactus........... Opuntia spp..... Fruit.

* * * * * * *

Mexico........... Cherry........... Prunus avium.... Fruit.

* * * * * * *

Peru............. Blueberry........ Vaccinium spp... Fruit.

Taiwan........... Litchi........... Litchi chinensis Fruit.(Prohibite

d entry into

Florida due to

Eriophyes

litchii.

Cartons in

which litchi

are packed must

be stamped

``Not for

distribution in

FL'').

* * * * * * *

Thailand......... Asparagus........ Asparagus Shoot.

officinalis.

Uruguay.......... Plum............. Prunus domestica Fruit.

------------------------------------------------------------------------

* * * * *

8. A new Sec. 319.56-2cc, would be added to read as follows:

Sec. 319.56-2cc Administrative instructions: conditions governing the

entry of pink or red tomatoes from Spain.

(a) Pink or red tomatoes (fruit) (Lycopersicon esculentum) from

Spain may be imported into the United States only under the following

conditions:

(1) The tomatoes must be grown in the Almeria Province of Spain in

greenhouses registered with, and inspected by, the Spanish Ministry of

Agriculture, Fisheries, and Food (MAFF);

(2) The tomatoes may be shipped only from December 1 through April

30, inclusive;

(3) Two months prior to shipping, and continuing through April 30,

MAFF must set and maintain Medfly traps baited with trimedlure inside

the greenhouses at a rate of four traps per hectare. In all areas

outside the greenhouses and within 8 kilometers, including urban and

residential areas, MAFF must place Medfly traps at a rate of four traps

per square kilometer. All traps must be checked every 7 days;

(4) Capture of a single medfly in a registered greenhouse shall

immediately cancel exports from that greenhouse until the source of

infestation is determined, all flies are eradicated, and measures are

taken to preclude any future infestation. Capture of a single fly

within 2 kilometers of a registered greenhouse will necessitate

increasing trap density in order to determine whether there is a

reproducing population in the area or if the single fly has been

introduced accidentally. Capture of two flies within 2 kilometers of a

registered greenhouse and within a 1 month time period shall cancel

exports from all registered greenhouses within 2 kilometers of the

find, until the source of infestation is determined and all flies are

eradicated;

(5) The tomatoes must be packed within 24 hours of harvest. They

must be safeguarded by a flyproof mesh screen or plastic tarpaulin

while in transit to the packing house and while awaiting packing, and

packed in flyproof containers for transit to the airport and subsequent

shipping to the United States.

(6) MAFF is responsible for export certification inspection and

issuance of phytosanitary certificates. A phytosanitary certificate

issued by MAFF and bearing the following declaration, ``These tomatoes

were grown in registered greenhouses in Almeria Province in Spain,''

must accompany the shipment.

(b) [Reserved]

Done in Washington, DC, this 25 day of April 1994.

Patricia Jensen,

Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-10409 Filed 4-29-94; 8:45 am]

BILLING CODE 3410-34-P