Importation of Apples, Apricots, Peaches, Persimmons, Pomegranates, and Citrus From Sonora

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 93-095-2]

Importation of Apples, Apricots, Peaches, Persimmons,

Pomegranates, and Citrus From Sonora

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Fruits and Vegetables regulations by

adding San Luis Rio Colorado to the list of definite areas in Sonora,

Mexico, determined to be free from certain injurious insect pests and

from which apples, apricots, grapefruit, oranges, peaches, persimmons,

pomegranates, and tangerines may be imported without treatment for

these pests. We have determined that this municipality is free from

certain injurious insect pests known to occur in Mexico and known to

attack these fruits. This action allows the importation of these fruits

into the United States from San Luis Rio Colorado, in accordance with

the regulations. We also are making other nonsubstantive changes for

clarity.

EFFECTIVE DATE: February 28, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior

Operations Officer, Port Operations Staff, Plant Protection and

Quarantine, APHIS, USDA, room 632, Federal Building, 6505 Belcrest

Road, Hyattsville, MD 20782, (301) 436-6799.

SUPPLEMENTARY INFORMATION:

Background

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

as the regulations) restrict the importation of fruits and vegetables

to prevent the introduction and dissemination of certain injurious

insects, including fruit and melon flies, that are new to or not widely

distributed within and throughout the United States. Paragraphs (e) and

(f) of Sec. 319.56-2 contain requirements for the importation of

certain fruits and vegetables based on their origin in a definite area

or district. The definite area or district must meet certain criteria,

including criteria designed to ensure that the area or district is free

from all or certain injurious insects. Paragraph (h) of Sec. 319.56-2

lists municipalities in Sonora, Mexico, that are considered free of

five listed insect pests: Ceratitis capitata, Anastrepha ludens, A.

serpentina, A. obliqua, and A. fraterculus. Apples, apricots,

grapefruit, oranges, peaches, persimmons, pomegranates, and tangerines

from municipalities in Sonora, Mexico, listed in paragraph (h) may be

imported into the United States without treatment for these five insect

pests.

In a document published in the Federal Register on August 25, 1993

(58 FR 44779-44780, Docket No. 93-095-1), we proposed to add San Luis

Rio Colorado to the list of municipalities in Sonora, Mexico,

determined to be free from the five listed insect pests and from which

apples, apricots, grapefruit, oranges, peaches, persimmons,

pomegranates, and tangerines may be imported into the United States

without treatment for these pests. We have determined that San Luis Rio

Colorado meets all the criteria contained in Sec. 319.56-2 (e)(4) and

(f).

We solicited comments concerning our proposal for a 30-day comment

period ending September 24, 1993. We received one comment by that date

from a State agency. The commenter expressed concern regarding Mexican

Government enforcement efforts to prevent the introduction of fruit

flies into San Luis Rio Colorado and requested any pertinent

information that we used in formulating the proposed rule.

We have since responded to the commenter and have provided him with

the pest risk assessment we used in adding San Luis Rio Colorado to the

list of Sonoran municipalities considered to be free of fruit flies. As

indicated in the pest risk assessment, the Mexican Government performs

fruit fly trapping surveys adequate to detect any fruit fly infestation

in San Luis Rio Colorado. The Mexican Government also maintains

roadside inspection stations to prevent the introduction of fruit flies

through incoming produce.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule without change.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register. Immediate

implementation of this rule is necessary to provide relief to those

persons who are adversely affected by restrictions we no longer find

warranted. Making this rule effective immediately will allow interested

producers and others in the marketing chain to benefit from this

additional source of fruit. Therefore, the Administrator of the Animal

and Plant Health Inspection Service has determined that this rule

should be effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866.

The action allows the importation of apples, apricots, grapefruit,

oranges, peaches, persimmons, pomegranates, and tangerines from San

Luis Rio Colorado into the United States without treatment for the five

listed insect pests. This action could increase imports of these

articles into the United States, since import costs will be lowered

through the elimination of treatment costs. The small entities that

could be affected by this action include fumigators at the Mexican

border, importers of the above-listed fruits, and domestic growers,

distributors, and retailers of these fruits.

The economic impact on these entities should be insignificant since

the amount of fruit imported into the United States from San Luis Rio

Colorado is expected to be very small.

Based on available information, we anticipate that only imports of

oranges, peaches, and possibly grapefruit may increase as a result of

this rule. Further, if imports of oranges and peaches from Sonora and

imports of grapefruit from Mexico in general were to increase 10

percent from 1992 levels, this increase would amount to less than one

percent of total U.S. production and less than one percent of total

U.S. imports of these commodities. Consequently, we do not estimate any

changes in prices or costs of fresh oranges, peaches, or grapefruit as

a result of this rule.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

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

entities.

Executive Order 12778

This rule allows fruit to be imported into the United States from

San Luis Rio Colorado, Mexico. State and local laws and regulations

regarding fruit imported under this rule will be preempted while the

fruit is in foreign commerce. Fresh fruits are generally imported for

immediate distribution and sale to the consuming public, and will

remain in foreign commerce until sold to the ultimate consumer. The

question of when foreign commerce ceases in other cases must be

addressed on a case-by-case basis. No retroactive effect will be given

to this rule, and this rule will not require administrative proceedings

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

The regulations in this subpart contain no new information

collection or recordkeeping requirements under the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant

Diseases and pests, Quarantine, Reporting and recordkeeping

requirements, Rice, Vegetables.

Accordingly, 7 CFR part 319 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

1. The authority citation for part 319 continues 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).

Sec. 319.56-2 [Amended]

2. In Sec. 319.56-2, paragraph (h) is amended by removing the eight

semi-colons following each city name and by adding commas in their

places and by adding the phrase ``San Luis Rio Colorado,'' immediately

after ``Puerto Penasco,''.

Done in Washington, DC, this 18th day of February 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-4485 Filed 2-25-94; 8:45 am]

BILLING CODE 3410-34-P