Importation of Fruits and Vegetables

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.

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

before June 23, 1995.

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

Docket No. 94-114-1, Regulatory Analysis and Development, PPD, APHIS,

Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 94-114-1. 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, PPQ, APHIS, Suite

4A03, 4700 River Road Unit 139, Riverdale, MD 20737-1236; (301) 734-

8645.

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 analyses 1 that indicate the fruits or

vegetables can be imported under certain conditions without significant

pest risk.

\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 persons listed under FOR FURTHER INFORMATION CONTACT.

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

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)

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

Ecuador....................... Basil............. Ocimum spp...................... Above ground parts.

El Salvador................... Basil............. Ocimum spp...................... Above ground parts.

Israel........................ Chives............ Allium schoenoprasum............ Leaf.

Dill.............. Anethum graveolens.............. Above ground parts.

Jamaica....................... Pak choi.......... Brassica chinensis.............. Leaf and stem.

Netherlands................... Radish............ Raphanus sativus................ Root.

New Zealand................... Oca............... Oxalis tuberosa................. Tuber.

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

[[Page 27429]] 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 any of 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 from the country or locality indicated in

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

the regulations, and subject to the additional prescribed conditions

explained below.

Papaya from Belize. We are proposing to allow papaya (fruit, Carica

papaya) from Belize to be imported into the United States without

treatment for the Mediterranean fruit fly (Medfly) if the fruit is

grown in one of the designated Medfly-free districts of Belize. Belize

has conducted a national Medfly trapping program for more than 6 years

with the cooperation and monitoring of APHIS.2 An intensive,

ongoing trapping program in the districts of Cayo, Corozal, and Orange

Walk has established that those districts are free from Medfly.

Therefore, we are proposing to allow papayas to be imported from these

three districts without treatment for Medfly if the papayas are

accompanied by a phytosanitary certificate issued by the Belizean

Department of Agriculture stating that the fruit originated in the

district of Cayo, Corozal, or Orange Walk.

\2\ Details on APHIS-monitored trapping programs in Belize are

available from Operational Support, IS, APHIS, Suite 5A03, 4700

River Road Unit 67, Riverdale, MD 20737-1233.

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

Because there are approved treatments for Medfly that can be used

on papaya, we would also allow papaya grown in Belize outside the

Medfly-free areas to be imported into the United States, provided the

fruit is treated for Medfly as described below under ``Treatment

Required.''

With or without treatment, however, the entry of the papaya into

Hawaii--where most domestically grown papayas are produced--would be

prohibited as a precaution against the possible introduction of

Toxotrypana curvicauda. Accordingly, the cartons in which the papaya

are packed would have to be stamped ``Not for importation into or

distribution in HI.''

Pest risk analyses conducted by APHIS have determined that any

other injurious plant pests that might be carried by the papaya would

be readily detectable by a USDA inspector. Therefore, the provisions in

Sec. 319.56 and all other applicable requirements of the regulations

and the additional special conditions appear adequate to prevent the

introduction into the United States of injurious plant pests by the

importation of papaya from Belize.

Cantaloupe from Brazil. We are proposing to allow the importation

of cantaloupe (fruit, Cucumis melo) from Brazil under the same

conditions currently imposed on the importation of honeydew melons from

Brazil (7 CFR 319.56-2aa). Cantaloupe, like honeydew melon, is a

recorded host of the South American cucurbit fly, and we believe that

the multiple safeguards applied to the importation of honeydew melon

from Brazil would also be adequate to prevent the introduction of the

pest with cantaloupe.

Specifically, the cantaloupe would have to be grown in that area of

Brazil considered by APHIS to be free of the South American cucurbit

fly. The free area is described in Sec. 319.56-2aa(a). During the last

7 years, Brazil's Ministry of Agriculture, the Departamento de Defenso

Sanitaria Vegetal (DDSV), has conducted surveys in and around the free

area to establish the absence of infestations of the South American

cucurbit fly in the free area. APHIS has determined that the survey

methods used by the DDSV are adequate to detect infestations of the

pest, and that the requirements enforced by the DDSV to prevent the

introduction of the South American cucurbit fly into the free area are

at least equivalent to those imposed under 7 CFR chapter III to prevent

the introduction into the United States and interstate spread of

injurious insects.

The cantaloupe would have to be accompanied by a phytosanitary

certificate issued by DDSV that includes a declaration that the fruit

was grown in the free area. The cantaloupe would have to be shipped in

an enclosed container or vehicle, or under a tarpaulin cover, while in

transit from the free area in Brazil to the United States to prevent

the fruit from being exposed to insect pests. Finally, shipments of the

cantaloupe would have to be labeled in accordance with Sec. 319.56-2(g)

of the regulations.

Pest risk analyses conducted by APHIS have determined that any

other injurious plant pests that might be carried by the cantaloupe

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

applicable requirements of the regulations and these special conditions

appear adequate to prevent the introduction into the United States of

injurious plant pests.

Ya Pears from China. We are proposing to allow Ya variety pears

(fruit, Pyrus bretschneideri) to be imported into the United States

from China under certain conditions designed to prevent the

introduction of Bactrocera dorsalis and other exotic pests into the

United States.

First, we would require that the pears be grown in an APHIS-

approved export growing area in Hebei Province by growers registered

with the Chinese Ministry of Agriculture. The Ministry of Agriculture

would be responsible for conducting field inspections for signs of pest

infestation during the growing season. The registered growers would be

responsible for following the phytosanitary measures agreed upon by

APHIS and the Ministry of Agriculture, including applying pesticides to

reduce the pest population and bagging the pears on the trees to reduce

the opportunity for insect pests to attack the fruit during the growing

season. The bags would have to remain on the pears through the harvest

and during their movement to the packing house.

In order to prevent Ya pears intended for export to the United

States from being commingled with any other fruit, the packing houses

in which the pears would be prepared for exportation to the United

States could not be used for other fruit during the pear export season.

The packing houses could accept only those pears that were grown in the

APHIS-approved growing area and that were still in intact bags.

Additionally, the pears would have to be loaded into containers at the

packing house and the containers then sealed before movement to the

port of export to prevent the fruit from being exposed to insect pests

while en route to the port of export. Each shipment of Ya pears would

have to be accompanied by a phytosanitary certificate issued by the

Chinese Ministry of Agriculture stating that the conditions discussed

above have been met.

Finally, we would require that the pears be cold treated for

Bactrocera dorsalis in accordance with the Plant

[[Page 27430]] Protection and Quarantine (PPQ) Treatment Manual, which

has been incorporated by reference into the Code of Federal Regulations

at 7 CFR 300.1. The prescribed cold treatment would be conducted as

follows:

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

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

12 days at 1.1 deg.C (34 deg.F) or below; or

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

We believe that the growing, harvest, shipment, and treatment

conditions described above and the other requirements of the

regulations would be adequate to prevent the introduction of Bactrocera

dorsalis and other insect pests into the United States on Ya pears

imported from China.

Lettuce from Israel. Under the regulations in Sec. 319.56-2x,

lettuce may be imported into the United States from Israel only if

treated in accordance with the PPQ Treatment Manual. The treatment--

fumigation with methyl bromide--is required because the lettuce may be

attacked by leafminers, thrips, and Sminthuris viridis. We are

proposing to amend the regulations to offer an alternative that would

allow lettuce to be imported into the United States from Israel without

fumigation.

We would require that the lettuce be grown in insect-proof houses

covered with 50-gauge mesh screens, with double self-closing doors and

hard walks (no soil) between the beds. The lettuce would have to be

grown in growing media that had been sterilized by steam or chemical

means. Additionally, the crop would have to be protected with sticky

traps and prophylactic sprays approved for lettuce by Israel.

The lettuce would have to be inspected for signs of pest

infestation during its active growth phase, with the inspection

monitored by a representative of the Israeli Ministry of Agriculture.

After being harvested, the lettuce would have to be packed in

insect-proof packing houses. The movement from the growing house to the

packing house would have to take place at night and, during the

movement, the lettuce would have to be held in plastic containers

covered by 50-gauge mesh screens. Inside the insect-proof packing

houses, the lettuce would have to be individually packed in transparent

plastic bags, then packed in cartons; the cartons would have to be

placed on pallets and covered in shrink wrapping. The lettuce would

have to be transported to the airport in a closed, refrigerated truck

for shipment to the United States.

Finally, each shipment of lettuce would have to be accompanied by a

phytosanitary certificate issued by the Israeli Ministry of Agriculture

stating that the conditions discussed above have been met. We believe

that these multiple levels of pest exclusion measures and the other

applicable requirements of the regulations would be adequate to prevent

the introduction into the United States of leafminers, thrips, and

Sminthuris viridis on lettuce imported from Israel.

Treatment Required

Additionally, we are proposing to allow the fruits and vegetables

listed below to be imported into the United States. These fruits and

vegetables 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 these insects. However, the

fruits and vegetables listed below can be treated to destroy the Medfly

or other injurious 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 PPQ Treatment Manual.

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)

Belize

Papaya, Carica papaya, Fruit.

All fruit grown outside the districts of Cayo, Corozal, and

Orange Walk must be treated for Medfly with high-temperature forced

air or vapor heat treatment, as follows:

High-temperature forced air treatment:

The treatment consists of four incremental temperature

increases, with each increase in air temperature based on when the

internal temperature in the seed cavity is reached as indicated

below:

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

Air temperature Seed cavity temperature

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

1. 43 1 deg.C (109.4 41 1.5 deg.C (105.8

1.8 deg.F). 2.7 deg.F).

2. 45 1 deg.C (113.0 44 1 deg.C (111.2

1.8 deg.F). 1.8 deg.F).

3. 46.5 1 deg.C 46 0.76 deg.C (114.8

(115.7 1.8 deg.F). 1.35 deg.F).

4. 49 0.5 deg.C 47.2 deg.C (117 deg.F).

(120.2 0.9 deg.F).

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

Expose fruit in an approved chamber to each air temperature in

steps 1 through 4 until the indicated seed cavity temperature is

reached. Treatment is complete when the seed cavity temperature

reaches 47.2 deg.C (117 deg.F). The treated fruit may be

hydrocooled immediately with tap water (20 5 deg.C or

68 9 deg.F) when 47.2 deg.C is reached.

Alternative single-stage high-temperature forced air treatment:

Conditioning: To enable the papayas to tolerate the treatment,

the fruit may have to be conditioned. Such conditioning is the

responsibility of the shipper and at the shipper's risk.

Conditioning of the fruit may be considered part of the overall

treatment.

Preparation: Insert temperature sensors into the seed cavity

with the probe's tip at the approximate center of the fruit. Use a

temperature recorder to monitor temperatures. Set the print interval

for at least once every 5 minutes. The APHIS-approved operating

protocol of the chamber must be inaccessible to the operator. The

papayas must be in single layers and put into APHIS-approved trays

or lugs or in APHIS-approved and certified bulk bins. Have the

trays, lugs, or bins put into the chamber. The chamber for treating

the fruit must be airtight. Make sure that there are fans present to

circulate the air. If certified bulk bins are used, the direction of

the air flow and the protocol for monitoring the fruit's temperature

during treatment must be APHIS-certified.

Application: The air temperature during treatment must be

sufficient to raise the temperature at the fruit's center to 47.2

deg.C (117 deg.F) or higher. Whether the air temperatures are

single or multiple staged or ramped is the responsibility of the

shipper. Maintain the relative humidity in the chamber as desired by

the shipper. If the relative humidity is kept within 40 to 60

percent, though, tests have shown that there will be less damage to

the papayas. The papayas must be treated for at least 4 hours. The

treatment is complete once the temperature at the fruit's center

reaches 47.2 deg.C (117 deg.F) or higher. The treated papayas may

be hydrocooled immediately by whatever means are deemed appropriate

by the shipper. However, if the papayas are hydrocooled with water

at a temperature lower than 12.5 deg.C (54.5 deg.F), the fruit may

be damaged.

Vapor heat treatment:

1. Raise temperature of article by saturated water vapor at 44.4

deg.C (112 deg.F) until approximate center of fruit reaches 44.4

deg.C (112 deg.F) within a time period designated by the inspector.

2. Hold fruit temperature at 44.4 deg.C (112 deg.F) for 8.75

hours, then cool immediately.

(Pretreatment conditioning is optional and is the responsibility of

the shipper.)

Entry of the papayas into Hawaii prohibited due to Toxotrypana

curvicauda.

China

Litchi, Litchi chinensis, Fruit.

Cold treatment as follows for Conopomorpha sinensis and

Bactrocera dorsalis:

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

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

the time treatment begins.)

Entry into Florida prohibited due to litchi rust mite.

India Grape,

Vitis spp., Fruit.

Cold treatment for Bactrocera dorsalis and Eutetranychus

orientalis, followed by fumigation for a complex of insect pests:

[[Page 27431]]

Cold treatment as follows:

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

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

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

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

(Pulp of the fruit must be at or below the indicated temperature at

the time treatment begins.)

Fumigation as follows:

With methyl bromide at NAP--chamber or tarpaulin:

24 g/m3 (1\1/2\ lbs/1000 ft3) for 2 hours at 26.5 deg.C

(80 deg.F) or above, with minimum gas concentrations of:

19 g (19 oz) at \1/2\ hour after fumigation begins

14 g (14 oz) at 2 hours after fumigation begins; or:

32 g/m3 (2 lbs/1000 ft3) for 2 hours at 21-26 deg.C (70-

79 deg.F), with minimum gas concentrations of:

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

19 g (19 oz) at 2 hours after fumigation begins; or:

40 g/m3 (2\1/2\ lbs/1000 ft3) for 2 hours at 15.5-20.5

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

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

24 g (24 oz) at 2 hours after fumigation begins; or:

48 g/m3 (3 lbs/1000 ft3) for 2 hours at 10-15 deg.C (50-

59 deg.F), with minimum gas concentrations of:

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

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

64 g/m3 (4 lbs/1000 ft3) for 2 hours at 4.5-9.5 deg.C

(40-49 deg.F), with minimum gas concentrations of:

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

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

(Fruit must be at the indicated temperature at start of fumigation.)

Litchi, Litchi chinensis, Fruit.

Cold treatment for Conopomorpha sinensis and Bactrocera dorsalis

as set forth above for litchi from China.

Entry into Florida prohibited due to litchi rust mite.

Zimbabwe

Apricot, Prunus armeniaca, Fruit.

Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia

leucotreta as follows:

22 days at -0.55 deg.C (31 deg.F) or below.

(If the temperature exceeds -0.27 deg.C (31.5 deg.F), the

treatment shall be extended one-third of a day for each day or part

of a day that the temperature is above -0.27 deg.C. If the

temperature exceeds 1.11 deg.C (34 deg.F) at any time, the

treatment is nullified.

Nectarine, Prunus persica, Fruit.

Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia

leucotreta as set forth above for apricot from Zimbabwe.

Peach, Prunus persica, Fruit.

Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia

leucotreta as set forth above for apricot from Zimbabwe.

Plum, Prunus domestica, Fruit.

Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia

leucotreta as set forth above for apricot from Zimbabwe.

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.

In accordance with Sec. 319.56-2x(b) of the regulations, those

fruits and vegetables listed above that would require treatment for

fruit flies would be restricted to ports of arrival at Wilmington,

NC, and the North Atlantic if treatment has not been completed

before the fruits and vegetables arrive in the United States.

Climatic conditions at Wilmington, NC, and 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. The

designated 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).

In the case of litchi from China and India, we would prohibit

the fruit to be imported into or distributed within Florida because

of concerns regarding the potential introduction of the litchi rust

mite and the effects such an introduction could have on the Florida

litchi industry. Accordingly, the cartons in which the litchi are

packed would have to be stamped ``Not for importation into or

distribution in FL.''

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. We believe that these requirements

and conditions are adequate to prevent the introduction into the

United States of injurious plant pests by the importation of these

fruits and vegetables.

Use of Methyl Bromide

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

is prescribed as a treatment for grapes from India to be imported

into the United States under this proposal. 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). That 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.

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.

In accordance with 5 U.S.C. 603, we have performed an Initial

Regulatory Flexibility Analysis, which is set out below, regarding the

impact of this proposed rule on small entities. However, we do not

currently have all the data necessary for a comprehensive analysis of

the effects of this rule on small entities. Therefore, we are inviting

comments concerning potential effects. In particular, we are interested

in determining the number and kind of small entities that may incur

benefits or costs from implementation of this proposed rule.

Under the Plant Quarantine Act and the Federal Plant Pest Act (7

U.S.C. 150dd, 150ee, 150ff, 151-167), the Secretary of Agriculture is

authorized to regulate the importation of fruits and vegetables to

prevent the introduction of injurious plant pests.

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 pest risk analyses that were

conducted by APHIS at the request of various importers and foreign

ministries of agriculture. The pest 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

[[Page 27432]] addition, some of the fruits and vegetables in this

proposal also 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. 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.

Papayas From Belize

The United States produced 71.3 million pounds of papayas in 1993.

Papayas are produced commercially on approximately 300 farms, the

majority of which are in Hawaii. Nearly 65 percent of those farms are

owned by individuals whose major occupation is not farming, while the

balance are operated by individuals whose major occupation is farming.

All of the farms are considered to be small entities according to Small

Business Administration (SBA) size standards.

The United States imported 31.3 million pounds of papayas, valued

at $8,883,000, in 1993. Most of the imported papayas came from Mexico

(66.6 percent), Jamaica (14.4 percent), and Belize (13.7 percent). The

United States exported 16.7 million pounds of fresh papayas, worth

$14,245,000, in 1993. The major importers were Japan (73.4 percent) and

Canada (24.6 percent). Almost all exports of domestically grown papayas

are from Hawaii, while all imports of foreign-origin papayas come into

the continental United States.

The total annual production of papayas in Belize is approximately

4.5 million pounds. Its current exports account for about 4.2 million

pounds. The additional amount expected to be exported to the United

States would be approximately 300,000 pounds of fresh papayas. Even if

all the available supply were exported to the United States, it would

increase the U.S. supply of papayas by only about 0.34 percent. A 0.34

percent increase in supply is unlikely to have any impact on prices or

on producers or consumers.

Cantaloupes From Brazil

The United States produced about 1,910 million pounds of

cantaloupes, with a total value of $310 million, in 1993. Cantaloupes

are produced commercially on about 7,500 farms, nearly 97 percent of

which are considered to be small entities, according to SBA size

standards. The United States is a net importer of cantaloupes. Imports

totalled approximately 458 million pounds of cantaloupes. The major

sources of imported cantaloupes include Mexico (32.8 percent), Honduras

(26 percent), Costa Rica (17.5 percent), Guatemala (16 percent), and

the Dominican Republic (2.8 percent). There were 116 million pounds of

cantaloupes exported from the United States in 1993, of which nearly 95

percent went to Canada, while about 4 percent went to Mexico.

The commercial production of cantaloupe is in the infant stage in

Brazil. Most of the Brazilian production is concentrated in the states

of Rio Grande do Norte and Sao Paulo. Production occurs mainly during

the months of October through March, while U.S. production occurs

during the months of May through September. Thus, any export from

Brazil would be supplementary to, rather than competitive with, the

U.S. supply. Total production of cantaloupes in Brazil was about 5,000

metric tons, or 11 million pounds, in 1994. Currently all cantaloupe

production in Brazil is for domestic consumption. However, even if all

Brazilian production were to be exported to the United States, the U.S.

cantaloupe supply would increase by less than 0.5 percent. Because this

proposed rule would allow the importation of cantaloupe from only part

of Brazil--that area considered by APHIS to be free of the South

American cucurbit fly--any increase in the U.S. cantaloupe supply would

be even smaller. Such an increase would not be expected to impact U.S.

producer prices.

Ya Pear From Peoples Republic of China

The United States produced 860,000 metric tons (1,895 million

pounds) of pears in 1993. The United States is a net exporter of pears,

having exported 244 million pounds and imported 143 million pounds in

1993. Most of the pears imported into the United States came from Chile

(57.3 percent), Argentina (30.4 percent), South Africa (6.1 percent),

and New Zealand (3.9 percent). The main importers of U.S. pears are

Canada (32.9 percent) and Mexico (34.9 percent), with the remaining

quantities distributed among 45 destinations. There are approximately

9,800 farms producing pears in the United States, about 98 percent of

which are considered to be small entities, according to SBA size

standards.

China produced about 30,000 metric tons (or 66 million pounds) of

Ya pears in 1993. It exported about 5,700 metric tons (or 12,562,800

pounds). Exports are to several countries in Europe, the Middle East,

and Southeast Asia. The Ya pears that would be imported from the

Peoples Republic of China are of a different variety than pears

produced in the United States; because they are considered to be

different products, they are not expected to be competitive with

domestically grown pears.

Litchi From Peoples Republic of China

The U.S. produced about 700,000 pounds of Litchi in 1993. There are

205 farms that produced litchi, most of which are considered to be

small entities according to SBA criteria.

China produced approximately 27,000 metric tons (or 59.5 million

pounds) of litchi in 1994, exporting about 25 percent (about 15 million

pounds) of its production. Most of China's litchi exports went to

several countries in Western Europe, the Middle East, and Southeast

Asia, as well as to Canada. What proportion of China's domestic litchi

production would be exported to the United States is not clear. In the

event that a significant proportion of China's production is exported

to the United States, U.S. producers would most likely be negatively

impacted in the short run, since the increased supply would drive the

market price of litchi down. U.S. consumers, on the other hand, would

benefit from the lower price as well as the increased choice. In the

long run, as a result of foreign competition in the U.S. litchi market,

more competitive and cost-effective producers may emerge. Lower prices

could also result in an increased demand for litchi. Which of these

effects would outweigh the other cannot be stated definitely.

Basil From Ecuador and El Salvador

The United States imported 5,397,091 pounds of fresh or dried basil

in 1993 (the ratio of fresh to dried cannot be ascertained). The major

sources of import were Egypt (77.7 percent), Mexico (16.1 percent),

France (2.2 percent), and Taiwan (1.2 percent). No information was

obtained on potential production and imports of basil from Ecuador and

El Salvador.

Grapes From India

Total domestic grape production in 1993 was 5,466,606 metric tons

(or 12,048 million pounds). There are approximately 21,843 producers of

grapes in the United States, about 97 percent of which are considered

to be small entities, according to SBA size standards. The United

States imported 708,712,000 pounds of grapes in 1993, with most imports

occurring between the months of December and April. Grape imports to

the United States [[Page 27433]] originate mainly from Chile, which

accounted for 88.6 percent of the imports. Mexico is a distant second

with 11 percent of the imports. The United States exported 449,331,000

pounds of grapes in 1993, with most exports occurring between the

months of August and November. Canada receives approximately 62 percent

of U.S. exports, while the remaining destinations are highly varied.

At present, India produces about 426,000 (1990-1992 average) metric

tons (or 939 million pounds) of grapes and exports approximately 4,000

metric tons (or 8.8 million pounds). Most of these exports go to

Europe. In the unlikely event that India's grape exports were all

directed to the United States, they would represent less than 0.08

percent of domestic production. This amount would not have a

significant impact upon U.S. market supply. Both producer prices and

consumer prices would likely be unaffected by the actual grape import

from India.

Pak Choi From Jamaica

There is no published data on the U.S. production of pak choi and

no record of trade. Jamaica's current production of pak choi is

estimated to be 3,825 metric tons (8.43 million pounds). Most

production takes place between January and April. Although the exact

amount that would be shipped to the United States is not known,

approximately 50-75 percent of total production is expected to be

exported to the United States. This is expected to expand the variety

of choices available to vegetable consumers.

Chives from Israel

Israel produces approximately 100 metric tons of chives. Production

takes place mainly from October to the end of March. Currently about 95

percent of production is exported to Europe. It is expected about 20 to

40 metric tons to be exported to the United States. Both producer

prices and consumer prices would likely be unaffected by the

importation of chives from Israel.

Dill From Israel

The United States imported 1,828,359 pounds of dill in 1993 (trade

records do not clearly indicate whether the dill was fresh or dried).

The major sources were India (68 percent), Pakistan (13.2 percent),

Egypt (10 percent), Sweden (3.2 percent), and Turkey (2.5 percent). The

United States is a net importer of dill. Israel produced about 520

metric tons (1,146,000 pounds) of dill in 1994 and exported about 46

metric tons of dill during the same period. Israel expects that it

would export about 30 metric tons of dill to the United States within

the next 3 to 5 years. Both producer prices and consumer prices would

likely be unaffected by the importation of dill from Israel.

Lettuce From Israel

Total U.S. production of head, leaf, and romaine lettuce in 1993

was 3,756,350 metric tons (or 8,279 million pounds). There are

approximately 2,660 producers of lettuce in the United States, about 97

percent of which are considered to be small entities according to SBA

size standards.

The United States is a net exporter of lettuce. It imported

32,738,000 pounds of lettuce in 1993, mainly from Mexico and Canada,

which together accounted for 99.2 percent of the imports. The United

States exported 693,354,000 pounds of lettuce in 1993. Canada received

approximately 82 percent of those exports, while the remaining

destinations were highly varied.

Israel produced about 10 million pounds of insect-free lettuce,

which is grown inside insect-proof screenhouses, during 1993. About 10

percent of the production is exported to Europe and the rest is

consumed domestically. The amount of lettuce that would be exported to

the United States is expected to be about 1,600,000 pounds, which

represents less than 0.02 percent of U.S. production. This amount would

not have a significant impact upon U.S. market supply. Additionally,

the marketing target for this lettuce, both in Israel's domestic market

as well as in the export market, is the ultra-orthodox religious

community, members of which would not consume lettuce produced in any

other way. Importation of this specialty product is not expected to

compete with domestic production. Both producer prices and consumer

prices would likely be unaffected by the importation of insect-free

lettuce from Israel.

Radishes From the Netherlands

The United States produced about 122.4 million pounds of radishes

in 1993. Radishes are produced on about 760 farms, all of which are

considered to be small entities. The United States is a net importer of

radishes and it imported 35,121,976 pounds of fresh and chilled (the

proportion of fresh to chilled cannot be ascertained) radishes in 1993.

Over 94 percent of these imported radishes came from Mexico and 5.5

percent from Canada.

The Netherlands currently produces about 68 million pounds of

radishes. Exports are expected to increase in stages, from 1.1 million

pounds in the first year, to 2.2 million pounds during the second year,

to about 4.4 million pounds (about 3 percent of U.S. supply) the third

year and thereafter. Exports of radishes are expected to be spread

equally over a 12-month period, with no significant peak period.

Oca From New Zealand

There is no known commercial production of oca in the United

States. Additionally, there is no record of oca imports into the United

States. Oca is a specialty crop and only minor production is carried on

in New Zealand. Most production occurs between the months of March and

October. Annual production is about 110,000 pounds. Current oca exports

from New Zealand to the rest of the world equal about 440 pounds.

Allowing the importation of oca from New Zealand into the United States

would provide additional choice to vegetable consumers.

Apricots, Peaches, Plums, and Nectarines From Zimbabwe

In 1993 the United States produced 87,430 metric tons (192.7

million pounds) of apricots on 3,353 farms; 1,130,00 metric tons

(2,490.6 million pounds) of peaches on 19,106 farms; 182,395 metric

tons (402 million pounds) of nectarines on 2,488 farms; and 176,710

metric tons (390 million pounds) of plums on 8,006 farms. About 98

percent of these farms are considered to be small entities according to

SBA size standards.

The United States is a net exporter of all four of these

commodities. Imports of these four commodities into the United States

are largely from Chile, while most of the U.S. exports are destined for

Canada, Mexico, Taiwan, Hong Kong, and the United Kingdom. Although

relevant volume data is not available, the addition of Zimbabwe as a

new trading partner in apricots, peaches, plums, and nectarines is

unlikely to shift the favorable balance of trade that the United States

currently enjoys for these four commodities.

Summary

The United States produces large amounts of grapes, cantaloupes,

pears, papayas and radishes. The proposed importations of these and

other listed commodities would likely increase supply. However, since

potential imports would represent a very small proportion of the total

domestic production of each product, no significant negative impact on

U.S. producers is expected from such importations. Although increased

supply generally results in lower prices, no information is currently

available [[Page 27434]] about the magnitude of price responses to

changes in supply. Overall, the benefits to consumers of any resulting

price decline would likely outweigh the small losses to producers.

Additionally, importation of oca and pak choi would increase the

availability of new products. Both oca and pak choi have a limited

market and are unlikely to compete with other products. Similarly, the

Ya pears and cantaloupes proposed for importation are also unlikely to

compete with other products. Ya pears are of different variety than any

domestically produced pear, while cantaloupes from Brazil would be

imported during the off season for U.S. cantaloupes. Other products

such as basil and dill are very minor products. Some of these products

are grown to supplement other farm income.

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.

The alternative to this proposed rule was to make no changes in the

fruits and vegetables regulations. After consideration, we rejected

this alternative since there was no pest risk reason to maintain the

prohibitions on the affected produce.

This proposed rule contains no paperwork or recordkeeping

requirements.

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' NEPA Implementing

Procedures (7 CFR part 372).

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

individuals 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 continue to read as

follows:

Authority: 7 U.S.C. 150ee, 154, 161, 162, 167; 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

reprinted on November 30, 1992, and includes all revisions through

____________ 1995, 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, and 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.

* * * * *

[[Page 27435]]

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

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

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

* * * * * *

*

Belize

* * * * * *

*

Papaya.............. Carica papaya....... Fruit (Must be accompanied by a phytosanitary

certificate issued by the Belizean

department of agriculture stating that the

fruit originated in the district of Cayo,

Corozal, or Orange Walk. Papayas from other

districts enterable only with treatment--see

Sec. 319.56-2x). Prohibited entry into

Hawaii due to Toxotrypana curvicauda.

Cartons in which fruit is packed must be

stamped ``Not for importation into or

distribution within HI.''

* * * * * *

*

Ecuador

* * * * * *

*

Basil............... Ocimum spp.......... Above ground parts.

* * * * * *

*

El Salvador.......... Basil............... Ocimum spp.......... Above ground parts.

* * * * * *

*

Israel

* * * * * *

*

Chives.............. Allium schoenoprasum Leaf.

Dill................ Anethum graveolens.. Above ground parts.

* * * * * *

*

Jamaica

* * * * * *

*

Pak choi............ Brassica chinensis.. Leaf and stem.

* * * * * *

*

Netherlands.......... Radish.............. Raphanus sativus.... Root.

New Zealand

* * * * * *

*

Oca................. Oxalis tuberosa..... Tuber.

* * * * * *

*

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

5. In Sec. 319.56-2u, the section heading and would be revised and

paragraph (a) would be added to read as follows:

Sec. 319.56-2u Conditions governing the entry of lettuce and peppers

from Israel.

(a) Lettuce may be imported into the United States from Israel

without fumigation for leafminers, thrips, and Sminthuris viridis only

under the following conditions:

(1) Growing conditions. (i) The lettuce must be grown in insect-

proof houses covered with 50 mesh screens, double self-closing doors,

and hard walks (no soil) between the beds;

(ii) The lettuce must be grown in growing media that has been

sterilized by steam or chemical means;

(iii) The lettuce must be inspected during its active growth phase

and the inspection must be monitored by a representative of the Israeli

Ministry of Agriculture;

(iv) The crop must be protected with sticky traps and prophylactic

sprays approved for the crop by Israel;

(v) The lettuce must be moved to an insect-proof packing house at

night in plastic containers covered by 50 mesh screens;

(vi) The lettuce must be packed in an insect-proof packing house,

individually packed in transparent plastic bags, packed in cartons,

placed on pallets, and then covered with shrink wrapping; and

(vii) The lettuce must be transported to the airport in a closed

refrigerated truck for shipment to the United States.

(2) Each shipment of lettuce must be accompanied by a phytosanitary

certificate issued by the Israeli Ministry of Agriculture stating that

the conditions of paragraph (a)(1) of this section have been met.

* * * * *

6. In Sec. 319.56-2x, paragraph (a) would be amended as follows:

a. In the table, in the entry for Israel, the entry for lettuce

would be amended in the fourth column under the heading Plant part(s)

by adding the words ``(Treatment for leafminers, thrips, and Sminthuris

viridis not required if the

[[Page 27436]] lettuce is imported in accordance with Sec. 319.56-

2u(a))'' after the word ``Leaf''.

b. 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)

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

* * * * * *

* *

Belize............... Papaya.............. Carica papaya....... Fruit (Treatment for Medfly not required for

fruit grown in the districts of Cayo,

Corozal, and Orange Walk - see Sec. 319.56-

2t). Papayas prohibited entry into Hawaii

due to Toxotrypana curvicauda. Cartons in

which fruit is packed must be stamped ``Not

for importation into or distribution in

HI''.

* * * * * *

* *

China................ Litchi.............. Litchi chinensis.... Fruit (Prohibited entry into Florida due to

litchi rust mite. Cartons in which litchi

are packed must be stamped ``Not for

importation into or distribution in FL'').

* * * * * *

* *

India................ Grapes.............. Vitis spp........... Fruit.

Litchi.............. Litchi chinensis.... Fruit (Prohibited entry into Florida due to

litchi rust mite. Cartons in which litchi

are packed must be stamped ``Not for

importation into or distribution in FL'').

* * * * * *

* *

Zimbabwe

* * * * * *

* *

Apricot............. Prunus armeniaca.... Fruit.

* * * * * *

* *

Nectarine........... Prunus persica...... Fruit.

Peach............... Prunus persica...... Fruit.

* * * * * *

* *

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

* * * * * *

* *

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

Sec. 319.56-2aa [Amended]

7. In Sec. 319.56-2aa, the section heading and the introductory

text of the section would be amended by adding the words ``and

cantaloupe'' after the word ``melons''; paragraph (a) would be amended

by adding the words ``or cantaloupe'' after the word ``melons'' in the

first sentence and both times it appears in the second sentence;

paragraph (b) would be amended by adding the words ``or cantaloupe''

after the word ``melons''; and paragraph (c) would be amended by adding

the words ``or cantaloupe'' after the word ``melons''.

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

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

entry of Ya variety pears from China.

Ya variety pears may be imported into the United States from China

only under the following conditions:

(a) Growing and harvest conditions. (1) The pears must have been

grown by growers registered with the Chinese Ministry of Agriculture in

an APHIS-approved export growing area in Hebei Province.

(2) Field inspections for signs of pest infestation must be

conducted by the Chinese Ministry of Agriculture during the growing

season.

(3) The registered growers shall be responsible for following the

phytosanitary measures agreed upon by APHIS and the Chinese Ministry of

Agriculture, including applying pesticides to reduce the pest

population and bagging the pears on the trees to reduce the opportunity

for pests to attack the fruit during the growing season. The bags must

remain on the pears through the harvest and during their movement to

the packing house.

(4) The packing houses in which the pears are prepared for

exportation shall not be used for any fruit other than Ya variety pears

from registered growers during the pear export season. The packing

houses shall accept only those pears that are in intact bags as

required by paragraph (a)(3) of this section. The pears must be loaded

into containers at the packing house and the containers then sealed

before movement to the port of export.

(b) Treatment. The pears must be cold treated for Bactrocera

dorsalis in accordance with the Plant Protection and Quarantine

Treatment Manual, [[Page 27437]] which is incorporated by reference at

Sec. 300.1 of this chapter.

(c) Each shipment of pears must be accompanied by a phytosanitary

certificate issued by the Chinese Ministry of Agriculture stating that

the conditions of paragraphs (a) and (b) of this section have been met.

Done in Washington, DC, this 18th day of May 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-12748 Filed 5-23-95; 8:45 am]

BILLING CODE 3410-34-P