Importation of Fruits and Vegetables

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 94-036-2]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are allowing 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,

will 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 will 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 action will 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.

EFFECTIVE DATE: March 16, 1995.

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

Grosser, Senior Operations Officers, Animal and Plant Health Inspection

Service, Plant Protection and Quarantine, Port Operations, 4700 River

Road Unit 139, Riverdale, Maryland 20737-1228; (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.

On October 25, 1994, we published in the Federal Register (59 FR

53606-53612, Docket No. 94-036-1) a proposal to amend the regulations

by allowing 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 had been

prohibited because of the risk that the [[Page 14203]] fruits and

vegetables could introduce injurious insects into the United States. We

proposed to allow these importations at the request of various

importers and foreign ministries of agriculture, and after conducting

pest risk analyses that indicated that the fruits or vegetables could

be imported under certain conditions without significant pest risk.

We solicited comments concerning our proposal for 30 days ending

November 25, 1994. We received nine comments by that date. They were

from industry representatives and growers, State departments of

agriculture, an academic institution, a foreign department of

agriculture, and a foreign ambassador. One comment supported the

proposal as written. One commenter was concerned about being able to

move fruits and vegetables from Puerto Rico into other parts of the

United States. The remainder of the commenters opposed the rule for

specific fruits or vegetables. We carefully considered all of the

comments we received. They are discussed below by topic.

Carambola From Taiwan

We proposed to amend Sec. 319.56-2x to allow the importation of

carambola from Taiwan. We specified that carambola would undergo cold

treatment for the Oriental fruit fly (Bactrocera dorsalis) 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 accordance with Sec. 319.56-6 of

the regulations, carambola would be subject to inspection,

disinfection, or both at the port of first arrival. As discussed in the

proposal, the pest risk assessment conducted by the Animal and Plant

Health Inspection Service (APHIS) determined that any injurious plant

pests that might be carried by carambola would be readily detectable by

an inspector.

Several commenters expressed concerns about the economic analysis

in the Initial Regulatory Flexibility Analysis. These comments are

addressed in the Final Regulatory Flexibility Analysis.

One commenter was concerned about U.S. producers' ability to export

carambola to the Taiwanese market. Our proposal and decision to allow

importation of carambola from Taiwan, as well as other fruits and

vegetables, are based solely on whether these importations can be made

without significant risk of pest introduction. We have no authority to

limit importations based on the presence or absence of reciprocal

arrangements. Therefore, we have made no change based on this comment.

Two commenters expressed concern that Taiwanese producers use

pesticides which are illegal in the United States. The Food and Drug

Administration takes samples of imported commodities to determine

whether illegal pesticides are present, and seizes shipments that do

not meet its standards. Therefore, we have made no change based on this

comment.

One commenter stated that there was no mention of the certification

procedures to ensure fruits are treated properly and not infested with

the Oriental fruit fly, Bactrocera dorsalis. We ensure the fruits are

treated properly by verifying the results of treatment in accordance

with the PPQ Treatment Manual. Cold treatments, as required for

carambola from Taiwan, may be conducted either in the country of origin

or in the United States, under an inspector's supervision. Treatments

may also be conducted on board vessels en route to the United States.

In this case, a sealed temperature recording device is read by an

inspector upon the fruit's arrival in the United States, and the fruit

is released from treatment only if the temperature record indicates the

required cold treatment has been successfully completed.

Several commenters stated concerns about the fruit piercing moth

(Othreis spp.) and fruit borer (Eucosma notanthes), which attack

carambola. They questioned whether cold or other treatments would kill

these pests and raised concerns about the effectiveness of the

Taiwanese practice of covering the fruit with pesticide impregnated

bags to manage these pests. One commenter felt that there was no way to

ensure that all fruit imported into the United States had been bagged

in the field. Another commenter felt that there was no guarantee that

shipments of carambola from Taiwan would be free of larvae or eggs of

the Eucosma or that the young larvae in the fruit would have caused

sufficient damage for an inspector to detect. Commenters expressed

concerns that these pests, if introduced into the United States, could

feed on related fruits and become a significant problem for carambola

and other crops in Florida.

The fruit borer, Eucosma notanthes, is recognized as a pest of

carambola. However, routine cultural practices for carambola production

in Taiwan, such as the bagging of fruit, provide deterrents against the

carambola becoming infested with these pests. In addition, the

following pest management activities are carried out to reduce the risk

posed by this insect: Pesticides are applied weekly, from the end of

the bloom season until the fruit measures 5 cm in length. Infestation

in young fruit results in premature fruit drop. The dropped fruit is

collected and destroyed, reducing pest pressure and risk. Fruits are

then bagged to prevent adult moths from laying eggs on the growing

fruit. APHIS representatives will schedule periodic visits to carambola

production areas in Taiwan to monitor these procedures. If an adult

moth circumvents the bagging and lays eggs on more mature fruits, the

action of the larvae boring into the fruit extrudes frass from the hole

as well as exudate from the fruit. These obvious symptoms enhance our

confidence in our being able to visually detect any fruit that may be

infested.

Bagging fruits to prevent insects from laying their eggs on or in

the fruit, and subsequent larval forms boring into the fruit, has

proven successful with similar pests and imports of sand pears from

Japan and the Republic of Korea. The bagging will also exclude other

moths, including Othreis spp.

We consider the measures taken in the exporting country, coupled

with the safeguards required by the regulations, including inspection

and cold treatment, to be adequate to prevent the introduction of

injurious plant pests into the United States by carambola from Taiwan.

Therefore, we are not making any changes based on these comments.

Onion Bulbs From Indonesia

We proposed to amend Sec. 319.56-2t to allow the importation of

onion bulbs, Allium cepa, from Indonesia. One commenter stated that

onion bulbs from Indonesia should not be allowed entry with the tops

due to the risk of introduction of the listed leafminer and noctuids.

We are making no change based on this comment, because, as indicated in

the proposal, only bulbs of the onion will be allowed. Bulbs with tops

will be refused entry.

Jicama From Tonga

We proposed to amend Sec. 319.56-2t to allow the importation of

Jicama, Pachyrhizus tuberous, from Tonga. One commenter felt that

jicama from Tonga should not be admitted until the nematodes mentioned

in the pest risk assessment are identified and their impact evaluated.

We are making no change based on this comment. The pest risk assessment

reported on two root-knot nematodes on this host. As the name implies,

attacks by species within this genus result in a root-knot forming on

the host material. In general, these are predictable visible symptoms

that [[Page 14204]] inspectors are trained to look for, and APHIS

inspects jicama for these nematodes. If these nematodes are detected at

the time of importation, the jicama will be rejected.

Currant and Gooseberry, From Argentina and Australia

We proposed to amend Sec. 319.56-2t to allow the importation of

currant and gooseberry, Ribes spp., from Argentina and Australia. One

commenter felt that Ribes spp. fruits could harbor the mites that

vector the reversion disease, even though the fruit would not carry the

pathogen for the disease. The commenter recommended that surface

treatment should be required to allow entry for these fruits. We are

making no change based on this comment. The reversion disease is not

known to occur in Argentina or Australia. Therefore, we believe there

is no risk of mites serving as vectors.

White Asparagus From Austria

We proposed to amend Sec. 319.56-2t to allow the importation of

white asparagus, Asparagus officinalis, from Austria. As specified in

the proposal, the only plant part eligible for importation is the

shoot, with no visible green on the shoot. One commenter suggested that

white asparagus from Austria should be harvested before shoot emergence

and washed to eliminate soil. We are making no changes based on this

comment. If the asparagus is harvested after shoot emergence, it will

not be white, and, therefore, will not be enterable. We will reject all

shipments that are not white. In accordance with 7 CFR 330.300, soil

contamination is a reason for rejecting shipments of all agricultural

products from nearly all countries. Therefore, the asparagus shoots

must be completely white and free of soil when presented for inspection

and entry.

Sage From Belize

We proposed to amend Sec. 319.56-2t to allow the importation of

sage, Salvia, from Belize. In accordance with Sec. 319.56-6 of the

regulations, sage would be subject to inspection, disinfection, or both

at the port of first arrival. As discussed in the proposal, the pest

risk assessment conducted by APHIS determined that sage from Belize is

not attacked by fruit flies or other injurious plant pests. In

addition, any other injurious plant pests that might be carried by sage

from Belize would be readily detectable by an inspector.

One commenter was concerned about the rust pathogens in Central

America. The commenter questioned the status of rust pathogens in

Belize. We have no evidence that any of these rust pathogens occur in

Belize. In addition, our experience with Salvia imports from countries

where these rust pathogens occur has not demonstrated that imported

Salvia serves as a pathway.

Blueberry From Argentina

We proposed to amend Sec. 319.56-2t to allow the importation of

blueberry, Vaccinium spp., from Argentina. We specified that

blueberries will undergo cold treatment for the Mediterranean fruit fly

(Ceratitis capitata) in accordance with the PPQ Treatment Manual.

One commenter suggested that fumigation schedules for Vaccinium

spp. fruit from Argentina should target Anastrepha spp., which has been

intercepted on Vaccinium spp. in Mexico. We are making no changes based

on this comment. Although it is true that a fruit fly of an Anastrepha

sp. was found in blueberry fruit, the fruit was carried by an airline

passenger and is the only record we have of an interception of this

species in blueberry fruit. This information was weighed against the

larger body of information of repeated commercial importation without

any evidence of Anastrepha infestation. We believe the interception

represented an aberration or incidental report from a possible over-

ripe or damaged fruit.

Kiwi From the Republic of Korea

We proposed to amend Sec. 319.56-2t to allow the importation of

kiwi, Actinidia deliciosa, from the Republic of Korea. One commenter

was concerned by the lack of reciprocal commitment from the Republic of

Korea to treat California kiwifruit exported to the Republic of Korea

fairly in the context of phytosanitary and food issues.

Our proposal and decision to allow importation of kiwi from the

Republic of Korea, as well as other fruits and vegetables, are based

solely on whether these importations can be made without significant

risk of pest introduction. We have no authority to limit importations

based on the presence or absence of reciprocal arrangements.

Inspection Upon Arrival

One commenter questioned the ability of inspectors to adequately

inspect the increasing number of commodities that arrive in the United

States. Inspection at the port of first arrival is only one aspect of

our approach to plant pest exclusion, and is never the sole means of

plant pest exclusion for any commodity. Before a fruit or vegetable is

approved for importation into the United States, a plant pest risk

assessment is conducted for the commodity. If a plant pest risk is

found to be associated with a commodity proposed for importation, APHIS

then determines what, if any, measures can be taken to reduce the risk

to a level that would allow the commodity to be safely imported into

the United States. For example, in certain cases our regulations impose

restrictions such as specific growing and shipping requirements or

inspection in the country of origin, or treatment. As a final

precaution, all fruits and vegetables are subject to inspection at the

port of first arrival. Inspectors are aware of potential pest risks

associated with a particular commodity and conduct their inspections

accordingly. We consider the measures taken in the exporting countries,

coupled with the safeguards required by the regulations, including

inspection, to be adequate to prevent the introduction of injurious

plant pests into the United States.

General

One commenter stated that pest risk assessments consist only of a

cursory look at the interception histories of commodities which are

currently prohibited and do not adequately investigate pest problems

associated with the commodities in their countries of origin. We do

investigate pest problems associated with commodities in their

countries of origin during our pest risk assessments. Our current

method of performing pest risk assessments is to do an exhaustive

search of literature and review our historical plant pest database and

interception information. When available, we also use information from

other sources, and occasionally conduct on-site investigations in

proposed export areas. The pest risk assessments are largely dependent

upon literature on plant pest problems in countries of origin. This

literature is primarily investigative findings published by scientific

communities. Our experience has shown that if a pest causes damage to

an economic crop, the scientific community investigates the pest's

biology and extent of pest damage in prescribing remedial actions.

One commenter felt that commodities that can be planted or

otherwise propagated, such as onion and shallot bulbs, cornsalad, and

jicama, should be evaluated by stricter criteria. We are making no

change based on this comment. We have long recognized that some

products imported for consumption are capable of being propagated and

that individuals, occasionally out of curiosity, may plant them. While

we do not believe that the extent of the practice makes it a

[[Page 14205]] significant pest risk, we have, in the past, explored

three ways of preventing the practice: (1) Prohibit the importation of

all commodities that could potentially be propagated; (2) treat all

commodities capable of propagation with sprout inhibitor; or (3)

devitalize the products prior to export. We believe that the first

option, prohibition, should be applied only to products that present

pest risks that cannot be mitigated in other ways. We have experimented

with the second option, using sprout inhibitors, but they do not offer

sufficient quarantine security for high-risk products and are not

registered for most products. The third option, devitalization, in most

cases renders a product unacceptable for the fresh fruit and vegetable

market.

Countries are becoming more and more sophisticated in their

production and phytosanitary practices, so the quality of fruits and

vegetables in general is increasing. Products are graded and inspected

during packing and prior to export, and the products are inspected

again upon arrival in the United States. All of this reduces the

likelihood of a pest entering the United States. If, once a commodity

has been imported into the United States, a person chooses to try to

propagate that commodity, the person would likely choose the

healthiest-looking material, thus further reducing the probability that

a plant pest would be spread. The limited degree of risk that remains

must be accepted if free trade is to be maintained.

Puerto Rico

One commenter felt that the proposal should not be approved since

it would provide foreign countries importation rights and benefits

which are currently being denied to other States and Territories. The

commenter requested that we review and, if necessary, revise many of

our regulations covering Puerto Rico to increase the number and kinds

of fruits and vegetables moving into other parts of the United States

from Puerto Rico. We will consider specific requests from Puerto Rico

to allow the movement of specific fruits and vegetables to other parts

of the United States. Once a request is received, we will perform a

pest risk assessment to determine if there is significant risk of

introducing injurious plant pests into other parts of the United

States. After determining that the fruits or vegetables could be moved

under certain conditions without significant pest risk, we would

publish a proposed rule in the Federal Register to allow the movement

of those fruits or vegetables into other parts of the United States.

Miscellaneous

We have made minor, editorial changes by removing the references to

``South Korea'' and by replacing them with ``the Republic of Korea,''

the official name for that country.

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, with the change noted above.

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. Therefore, the Administrator of the Animal and Plant Health

Inspection Service has determined that this rule should be effective

upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be not significant for the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

In accordance with 5 U.S.C. 601 et seq., we have performed a Final

Regulatory Flexibility Analysis, set forth below, regarding the

economic impact of this rule on small entities.

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 final rule amends 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 rule revises the status of certain

commodities from certain countries and localities, allowing their

importation into the United States for the first time.

These revisions are based on pest risk assessments that were

conducted by APHIS at the request of various importers and foreign

ministries of agriculture. The pest risk assessments indicate that the

fruits or vegetables listed in this rule, under certain conditions, may

be imported into the United States without significant pest risk. All

of the fruits and vegetables, as a condition of entry, will be subject

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

may be required by an inspector. In addition, some of the fruits and

vegetables will be required to undergo mandatory treatment for fruit

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

other special conditions. This action will 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.

Apples

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

Spain under certain conditions. Spain's production of apples in 1993

was approximately 821,000 metric tons (mt). Spain's export level over

the past 5 years has averaged 20,000 mt. In the unlikely event that

Spain's apple exports were fully diverted to the United States, they

would represent about 0.4 percent of U.S. production, an amount that

would not significantly affect the U.S. market. Moreover, there would

not be any off-season advantages, since Spain's main production season,

June through September, inclusive, is the same as for U.S. apple

producers.

In addition, the United States is a net exporter of apples. Total

U.S. utilized production of apples in 1993 was 4,760,682 mt (fresh

equivalent). (Utilized production of apples refers to the amount of

apples sold plus the quantities of apples used on farms where grown and

quantities of apples held in storage, thus those apples actually used

in some way.) Imports of fresh apples in 1992 totaled 120,412 mt, or

2.5 percent of domestic utilized production that year, whereas exports

totaled 507,614 mt, or 10.7 percent. Given this trade flow, the U.S.

market for apples is not expected to exhibit the excess demand in the

near future that could encourage increased foreign supply. The main

commercial varieties grown in Spain (Golden Delicious, 50 percent;

Granny Smith, 30 percent) are common varieties in the United States,

and their export, therefore, would not satisfy any special market

demand.

Asparagus (White)

This rule allows white asparagus to be imported into the United

States from [[Page 14206]] Austria under certain conditions. Total U.S.

asparagus production in 1993 was 2,204,000 hundredweight (cwt), or

99,973 mt. Austria's current production of asparagus is around 400 mt,

95 percent of which is white asparagus.

APHIS expects that annual exports to the United States may reach

between 1 and 2 tons. This quantity represents less than 0.002 percent

of U.S. production, and therefore will not affect prices received by

U.S. growers.

Blueberries

This rule allows blueberries to be imported into the United States

from Argentina under certain conditions. Total U.S. blueberry

production in 1993 was 170,397,000 pounds, or 77,292 mt. About 40

percent was produced for the fresh fruit market, and about 60 percent

was processed. APHIS estimates Argentina's current production of

blueberries to be 40 mt per year, and we expect that figure to expand

to 200 mt by 1997-98. At present, all blueberry exports from Argentina

(80 percent of production) are sent to Europe. If approved for entry

into the United States, we expect that 19.2 mt or 60 percent of

blueberry exports from Argentina will be directed to U.S. ports. This

quantity represents less than 0.03 percent of U.S. production, and

therefore will not noticeably affect prices received by U.S. growers.

Carambola

This rule allows carambola to be imported into the United States

from Taiwan under certain conditions. Ninety percent of domestic

production of carambola takes place in southern Florida, where 60 to 90

growers cultivate a total of about 400 acres. Most of the producers are

considered small entities, according to the Small Business

Administration definition of annual gross receipts of $500,000 or less.

U.S. production of carambola in 1994 reached between 5 and 6 million

pounds, a quantity expected to gradually increase as consumer

familiarity with carambola grows. At present, carambola is unknown to

most U.S. consumers, and the industry faces the challenges of creating

broader market appeal for this fruit.

Besides Florida, a relatively small amount of carambola is produced

in Hawaii (58,400 pounds in 1992). A regulatory change last year now

allows carambola grown in Hawaii to be marketed on the mainland. The

initial volume to be shipped this year is estimated at 1,500 to 3,000

pounds.

Taiwan is reportedly the world's largest producer of carambola. In

1992, 35,738 mt (78.8 million pounds) were produced, about 12 times

that of the United States. However, less than 10 mt (0.03 percent) of

Taiwan's production is exported annually, mainly to Hong Kong and

Canada. As an initial trial shipment, about 1 mt is expected to be

exported to the United States per year.

California is a large and growing domestic market for carambola and

the likely destination of carambola from Taiwan. It receives from 40 to

50 percent of Florida's carambola crop. California requires that

carambola from Florida be cold treated, and APHIS requires cold

treatment for shipments from Hawaii to the mainland. Imports from

Taiwan will also require cold treatment.

Average prices received by U.S. carambola producers between 1989

and 1993 ranged from about $0.67 to $1.55 per pound. Farm prices in

Taiwan vary from $0.60 to $4.00 per kg ($0.27 to $1.81 per pound),

depending on the quality, size of production, and season. While prices

are generally lower in Taiwan, high quality carambolas suitable for

export sell well in Taiwan's domestic market. Relatively high farm

prices and the fruit's well-established domestic market largely explain

Taiwan's limited exports.

Carambola is sensitive to chilling, which can cause the skin to

turn brown and become pitted. Since all carambola entering California

will require cold treatment, effects of the treatment on the appearance

and marketability of the fruit will be similar, whether the carambola

comes from Florida, Hawaii, or Taiwan.

We received four comments disagreeing with the results of our

Initial Regulatory Flexibility Analysis for carambola from Taiwan. They

were from three domestic growers associations and an academic

institution. The commenters were concerned with unfair competition and

the impact on domestic producers. None of the commenters provided

additional data, however, to dispute our figures. We carefully

considered all of the comments. The comments and responses are

summarized below.

One commenter stated that the classification of U.S. carambola

producers as ``small entities'' does not change the fact that U.S.

citizens are making their livelihood from producing carambola.

Examination of the possible impact on U.S. carambola producers as

``small entities'' is required by the Regulatory Flexibility Act. No

other significance is attached to the ``small entities''

classification.

One commenter felt that the United States is currently in a trade

deficit with Taiwan, and allowing carambolas to be imported will only

increase this deficit. APHIS bases its decisions to allow importation

of fruits and vegetables on whether these importations can be made

without significant risk of pest introduction. We have no authority to

limit importations based on the size of a trade deficit.

Two commenters raised concerns that since the carambola is still a

relatively unknown product in the United States, the marketing efforts

for carambola by U.S. carambola producers would provide free benefits

to Taiwan, and, Taiwan would gain as a result. While carambola imported

from Taiwan may well benefit from U.S. efforts, U.S. producers may also

benefit from Taiwanese marketing efforts.

All four commenters were concerned about the impact on U.S.

carambola producers and disagreed with our evaluation that allowing the

importation of carambola from Taiwan would have a positive impact on

the U.S. economy. Since the extent of the impact is not known, one

commenter questioned, ``Why experiment on an unknown outcome with the

livelihood of American Citizens and small businesses?'' The commenter

also stated, ``The carambola as a commercial crop in the U.S. is still

an emerging industry with many unknowns. It would only seem wise to

concentrate all of our resources on establishing the domestic side of

this industry before allowing additional unknown elements to be added

to the equation.'' Three commenters questioned our conclusion that a

loss of income by U.S. producers would be positive for the U.S.

economy.

The level of expected near-term imports is very small compared to

U.S. carambola production (less than 0.1 percent). In fact, all of

Taiwan's current carambola exports equals less than one percent of

current U.S. production. If carambola retail prices in the United

States declines with imports from Taiwan, then U.S. consumers will gain

and U.S. producers will lose. The impact for the economy will be

positive if the gains exceed the losses.

Assuming the market for carambola expands, and fruit from Taiwan is

routinely imported, domestic producers' income will be less than it

would be otherwise, due to a price decline and/or lower volumes than

would be sold were there not imports. The critical question is what

this reduction in income will be. There is no evidence to suggest that

it will be significant.

From a broader perspective, sales and income lost by domestic

producers should be balanced against benefits to U.S. consumers in

terms of greater availability and/or lower prices. Again,

[[Page 14207]] lack of information on how much carambola prices can be

expected to decline as a result of imports, and the responsiveness of

producers and consumers to a decline, precludes estimation of

consumers' gains and domestic producers' losses. Nevertheless, APHIS

believes that the net benefit to the U.S. economy will be positive.

Currants and Gooseberries

This rule allows currants and gooseberries to be imported into the

United States from Argentina under certain conditions. Argentina's area

of Ribes spp. production totals only four hectares, one of which is

being used for experiments on the suitability of various species. The

Economic Research Service, U.S. Department of Agriculture, estimates

the annual crop at 30 mt, of which 40 percent, or 12 mt, could be

exported to the United States.

Although published data on U.S. Ribes spp. production is not

available, trade statistics show the United States to be a net

importer. In 1992, 64 mt of currants and gooseberries were exported,

and 264 mt of currants were imported. The quantity of Ribes spp.

expected to be imported from Argentina is only 6 percent of 1992 net

imports for the United States. APHIS does not expect this relatively

small change in the quantity imported to significantly affect the

market for U.S. producers.

Eggplant

This rule allows eggplant to be imported into the United States

from the Republic of Korea under certain conditions. U.S. commercial

production of eggplant in 1993 was 776,000 cwt (35,199 mt). The

Republic of Korea's annual production of eggplant in 1993 totaled

22,751 mt, of which 30.3 mt were exported to Japan and Guam. If all of

the Republic of Korea's eggplant exports were sent to the United

States, it will represent less than 0.09 percent of U.S. commercial

production.

Even in the very unrealistic scenario that the Republic of Korea's

eggplant exports are fully diverted to the United States, the

quantities will not be large enough to affect the U.S. market.

Kiwi

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

the Republic of Korea under certain conditions. Utilized U.S.

production of kiwi in 1992 totaled 47,700 mt. Imports of kiwi into the

United States for 1992 were estimated at 20,236 mt, or more than 40

percent of domestic production. The Republic of Korea's annual

production of kiwi in 1993 totaled 8,538 mt, of which none was

exported. Assuming 5 percent of the Republic of Korea's production

(426.9 mt) were exported to the United States, this amount will

represent only about 0.6 percent of U.S. supply (produced domestically

and imported) in 1991.

Even in the very unrealistic scenario that the Republic of Korea

exports 5 percent of its kiwi production to the United States, the

quantities will not be large enough to affect the U.S. market.

Lettuce

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

Israel and the Republic of Korea under certain conditions. Total U.S.

production of head, leaf, and romaine lettuce in 1993 was 82,790,000

cwt (3,755,330 mt). In Israel, insect-free lettuce produced in

greenhouses for the 1993/94 season reached about 4,480,000 pounds.

Exports planned for 1994/95 are estimated at 1,600,000 pounds. If all

of these exports were destined for the United States, they would

comprise less than 0.02 percent of U.S. production and, therefore, will

not noticeably affect the U.S. market.

The Republic of Korea's annual production of leaf lettuce in 1993

totaled 149,611 mt, of which 23.9 mt were exported to Japan, Guam, Hong

Kong, and Saipan. If all of the Republic of Korea's lettuce exports

were sent to the United States, it would represent only about 0.0006

percent of U.S. production.

Even in the very unrealistic scenario that the Republic of Korea's

lettuce exports are fully diverted to the United States, the quantities

will not be large enough to affect the U.S. market.

The aggregate economic impact of this rule is expected to be

positive. U.S. consumers will benefit from a greater availability of

fruits and vegetables. U.S. importers will also benefit from a greater

availability of fruits and vegetables to import.

The alternative to this 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.

In the course of rulemaking, if we had come across evidence

indicating that importation of any of the concerned fruits or

vegetables would pose a significant risk of plant pest introduction, we

would have considered either developing alternative requirements

regarding that importation or continuing to prohibit the importation of

that fruit or vegetable. However, our initial pest risk assessments and

our review of public comments on the proposal indicated that

importation of any of the concerned fruits and vegetables would pose no

significant risk of plant pest introduction.

This rule contains no paperwork or recordkeeping requirements.

Executive Order 12778

This rule allows certain fruits and vegetables to be imported into

the United States from certain parts of the world. State and local laws

and regulations regarding fruits and vegetables imported under this

rule will 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 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.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

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

the conclusion that the importation of fruits and vegetables under the

conditions specified in this rule will not present a significant risk

of introducing or disseminating plant pests and will 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) National Environmental

Policy Act 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. Persons [[Page 14208]] wishing to inspect copies are

requested to call ahead on (202) 690-2817 to facilitate entry into the

reading room. In addition, copies may be obtained by writing to the

individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

This 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, 7 CFR parts 300 and 319 is amended as follows:

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 continues to read as

follows:

Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.17,

2.51, and 371.2(c).

2. In Sec. 300.1, paragraph (a) is revised to read as follows:

Sec. 300.1 Materials incorporated by reference.

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

reprinted November 30, 1992 and includes all revisions through March

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 continues 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).

Sec. 319.56-2r [Amended]

4. In Sec. 319.56-2r, paragraph (a)(1) is amended by adding, in

alphabetical order, ``Spain,''.

5. In Sec. 319.56-2r, paragraph (g)(1) is amended by adding

``Spain,'' immediately before ``Sweden''.

6. In Sec. 319.56-2t, the table is amended by revising ``South

Korea'' to read ``Republic of Korea'' and 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

* * * *

* * *

Currant.......... Ribes spp....... Fruit.

* * * *

* * *

Gooseberry....... Ribes spp....... Fruit.

Australia........ Currant.......... Ribes spp....... Fruit.

Gooseberry....... Ribes spp....... Fruit.

Austria.......... Asparagus, white. Asparagus Shoot.\3\

officinalis.

* * * *

* * *

Belize

* * * *

* * *

Sage............. Salivia Leaf and stem.

officinalis.

* * * *

* * *

El Salvador...... Cilantro......... Coriandrum Above ground

sativum. parts.

Dill............. Anethum Above ground

graveolens. parts.

* * * *

* * *

Honduras

* * * *

* * *

Cilantro......... Coriandrum Above ground

sativum. parts.

* * * *

* * *

Indonesia

* * * *

* * *

Onion............ Allium cepa..... Bulb.

Shallot.......... Allium Bulb.

ascalonicum.

* * * *

* * *

Nicaragua........ Cilantro......... Coriandrum Above ground

sativum. parts.

* * * *

* * *

Peru

* * * *

* * *

Cornsalad........ Valerianella spp Whole plant.

* * * *

* * *

Lambsquarters.... Chenopodium Above ground

album. parts.

[[Page 14209]]

* * * *

* * *

Republic of Korea

* * * *

* * *

Eggplant......... Solanum Fruit.

melongena.

Kiwi............. Actinidia Fruit.

deliciosa.

Lettuce.......... Lactuca sativa.. Leaf.

* * * *

* * *

Tonga

* * * *

* * *

Jicama........... Pachyrhizus Root.

tuberosus.

* * * *

* * *

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

\3\No green may be visible on the shoot.

7. In Sec. 319.56-2x, paragraph (a), the table is 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)

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

Argentina........ Blueberry........ Vaccinium spp... Fruit.

* * * *

* * *

El Salvador...... Garden bean...... Phaseolus Pod or shelled.

vulgaris.

* * * *

* * *

Israel

* * * *

* * *

Lettuce.......... Lactuca sativa.. Leaf.

* * * *

* * *

Taiwan........... Carambola........ Averrhoa Fruit.

carambola.

* * * *

* * *

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

* * * * *

Done in Washington, DC, this 9th day of March 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-6370 Filed 3-15-95; 8:45 am]

BILLING CODE 3410-34-P