Importation of Fruits and Vegetables

SUMMARY: We are proposing to allow, under certain conditions, the cold

treatment of imported fruit upon arrival at the ports of Seattle, WA,

Atlanta, GA, and Gulfport, MS. We have determined that there are

biological barriers at these ports that, along with certain safeguards,

would prevent the introduction of fruit flies and other insect pests

into the United States in the unlikely event that they escape from

shipments of fruit before undergoing cold treatment. We are also

proposing to require that cold treatment facilities at the port of

Wilmington, NC, remain locked during non-working hours. These actions

would facilitate the importation of fruit requiring cold treatment

while continuing to provide protection against the introduction of

fruit flies and other insect pests into the United States.

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

before June 28, 1996.

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

Docket No. 95-068-1, 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. 95-068-1. 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. Peter M. Grosser, Senior

Operations Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit

139, Riverdale, MD 20737-1236, (301) 734-8891.

SUPPLEMENTARY INFORMATION:

Background

The Fruits and Vegetables regulations, contained in 7 CFR 319.56

through 319.56-8 (referred to below as ``the regulations''), prohibit

or restrict the importation of fruits and vegetables to prevent the

introduction and dissemination of injurious insects, including fruit

flies, that are new to or not widely distributed in the United States.

The Animal and Plant Health Inspection Service (APHIS) of the U.S.

Department of Agriculture administers these regulations.

Under the regulations, APHIS allows certain fruits to be imported

into the United States if they undergo sustained refrigeration (cold

treatment) sufficient to kill certain insect pests. Cold treatment

temperature and time requirements vary according to the type of fruit

and the pests involved. Detailed cold treatment procedures may be found

in the Plant Protection and Quarantine (PPQ) Treatment Manual, which is

incorporated by reference into the regulations at 7 CFR 300.1.

Most imported fruit that requires cold treatment undergoes cold

treatment in transit to the United States. However, APHIS also allows

imported fruit to undergo cold treatment at an approved cold treatment

facility in either the country of origin or after arrival in the United

States at certain ports designated by APHIS in Sec. 319.56-2d(b)(1) of

the regulations.

Currently, cold treatment in the United States is limited to the

following ports: the port of Wilmington, NC; Atlantic ports north of,

and including, Baltimore, MD; 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, at Baltimore-

Washington International and Dulles International airports.

Imported fruit may undergo cold treatment at the listed ports other

than Wilmington, NC, because biological barriers, including climatic

conditions, exist to prevent the introduction and establishment of

fruit flies and other insect pests that could escape from shipments of

imported fruit after arrival in the United States. Imported fruit may

also undergo cold treatment at the port of Wilmington, NC, because

APHIS has imposed special conditions regarding cold treatment to

mitigate the risk of the introduction of fruit flies and other insect

pests into the United States (see Sec. 319.56-2d(b)(5)(iv)).

Recently, we received formal requests from the Taiwanese

Government, the City of Atlanta Airport Authority, and the Mississippi

State Port Authority to authorize the ports of Seattle, WA, Atlanta,

GA, and Gulfport, MS, respectively, as approved locations for cold

treatment of imported fruit.

Previously Published Notices and Regulations

On November 12, 1993, in response to earlier petitions from

individuals at the ports of Wilmington, NC, and Gulfport, MS, we

published in the Federal Register (58 FR 59953, Docket No. 93-121-1) an

advance notice of proposed rulemaking requesting public comment on

whether we should allow cold treatment at ports in the Southern United

States and in California.

We solicited comments concerning this notice for a 45-day period

ending December 27, 1993. During that period, we received four

comments, three from State governments and one from a grower

organization. Two commenters opposed allowing cold treatment at ports

in the Southern United States and California, arguing that allowing

such treatments would place California and Florida citrus crops at too

great a risk of fruit fly infestation. Another commenter requested that

we perform a detailed pest risk analysis before deciding whether to

allow cold treatment at southern and California ports. Another

commenter supported cold treatment at the port of Wilmington, NC.

We subsequently published a proposed rule in the Federal Register

on May 13, 1994 (59 FR 24968-24971, Docket No. 93-121-2) in which we

proposed to allow imported fruit to be cold treated at the port of

Wilmington, NC, after arrival in the United States. At that time, we

decided to give further consideration to allowing cold treatment at

other ports in the Southern United States and California. In a final

rule published in the Federal Register on August 10, 1994 (59 FR 40794-

40797,

[[Page 18691]]

Docket No 93-121-3), we approved cold treatment, under certain

conditions, at the port of Wilmington, NC.

Proposal of Additional Ports

After performing extensive risk analyses, we are proposing to add

the ports of Seattle, WA, Atlanta, GA, and Gulfport, MS, to the list of

ports in Sec. 319.56-2d that are authorized as approved locations for

cold treatment of imported fruit. This proposal to allow cold treatment

of fruit under certain conditions at the ports of Seattle, WA, Atlanta,

GA, and Gulfport, MS, is based, in part, on a document prepared by

APHIS assessing the pest risks associated with allowing cold treatment

of tropical fruit fly host materials at certain United States ports.

The risk mitigation measures discussed in the document are included in

this proposal as requirements for the ports of Seattle, WA, Atlanta,

GA, and Gulfport, MS. (Copies of this document may be obtained by

writing to the individual listed under FOR FURTHER INFORMATION

CONTACT.) We have determined that in the areas of these ports proposed

for cold treatment, there are biological barriers that, along with

certain safeguards, would prevent the introduction and establishment of

fruit flies and other insect pests in the unlikely event that they

escape from shipments of fruit before undergoing cold treatment.

Risk Groups

Plant Protection and Quarantine (PPQ), APHIS, has established risk

groups for many ports in the United States. These risk groups

characterize the relative risk, without consideration for mitigating

factors, associated with the movement of tropical fruit fly host

material for cold treatment at these ports in the United States. The

ports have been assigned to one of five risk groups based on a number

of criteria, including the individual port's latitude, microclimate,

immediate host availability, and past fruit fly infestations. The risk

groups are assigned numbers I through V; this number scale represents

an ascending level of risk based on the criteria listed above. Group I

ports consist of East Coast ports north of, and including, Baltimore,

MD. Group II ports consist of the ports of Wilmington, NC, Seattle, WA,

Portland, OR, Atlanta, GA, and Norfolk, VA. Group III ports consist of

the ports of Charleston, SC, Savannah, GA, Port Arthur, TX, and

Galveston/Houston, TX. Group IV ports consist of the ports of Gulfport,

MS, Mobile, AL, New Orleans, LA, Corpus Christi, TX, and Pensacola, FL.

Group V ports consist of the ports of San Diego, CA, San Pedro/Long

Beach, CA, San Francisco, CA, Oakland, CA, Tampa, FL, Miami, FL, West

Palm/Ft. Lauderdale, FL, Cape Canaveral, FL, Jacksonville, FL, Ft.

Meyers, FL, Ft. Pierce, FL, Brownsville, TX, and all Hawaiian ports.

The general requirements for cold treatment found in Sec. 319.56-2d

are designed to mitigate the risk of infestation due to fruit fly

escape from shipments intended for cold treatment at Group I ports.

These requirements include delivering, under the supervision of an

inspector of PPQ, shipments of fruit that require cold treatment to an

approved cold storage warehouse where the shipments will be cold

treated; precooling and refrigerating the shipments of fruit intended

for cold treatment promptly upon arrival at the cold treatment

facility; allowing shipments of fruit that require cold treatment to

leave U.S. Customs custody only under a redelivery bond for cold

treatment; and allowing shipments of fruit that require cold treatment

final release from the U.S. Collector of Customs only after official

notification has been received by the Customs officer that the required

cold treatment has been completed.

For shipments of fruit arriving for cold treatment at the port of

Wilmington, NC, a Group II port, the regulations at Sec. 319.56-

2d(b)(5)(iv) also require that bulk shipments of fruit must arrive in

fly-proof packaging that prevents the escape of adult, larval, or pupal

fruit flies; bulk and containerized shipments of fruit must be cold

treated within the area over which the Bureau of Customs is assigned

the authority to accept entries of merchandise, to collect duties, and

to enforce the various provisions of the customs and navigation laws in

force; and advance reservations for cold treatment must be made prior

to the departure of a shipment from its port of origin.

Each of the ports proposed as an approved location for cold

treatment in this document, the ports of Seattle, WA, Atlanta, GA, and

Gulfport, MS, has been assigned to a risk group other than Group I;

consequently, additional mitigating factors need to be put in place

before cold treatment can occur at any of these ports.

Proposal of Special Conditions for the Ports of Seattle, WA, Atlanta,

GA, and Gulfport, MS

We are proposing to impose additional special conditions regarding

cold treatment at each of the ports proposed as an approved location

for cold treatment that mitigate the risk of the introduction and

establishment of fruit flies and other insect pests. The special

conditions that would be assigned to each port are listed below by

port.

Special Conditions for the Maritime Port of Seattle, WA

The maritime port of Seattle has biological barriers to fruit fly

introduction and establishment in that the port is not in a citrus-

producing area. This reduces the likelihood that a fruit fly escaping

from a shipment of fruit intended for cold treatment would find

adequate host material for propagation. However, the maritime port of

Seattle, WA, belongs to the Group II list of ports because the area

surrounding this port contains a small variety of fruit-fly host

material and has a longer growing season than Group I ports. Therefore,

in addition to the requirements in Sec. 319.56-2d (b)(5)(i) through

(b)(5)(iii) of the regulations concerning cold treatment, the following

additional requirements would apply to cold treatment conducted at the

maritime port of Seattle, WA:

1. Bulk shipments (those shipments which are stowed and unloaded by

the case or bin) of fruit must arrive in fruit fly-proof packaging that

prevents the escape of adult, larval, or pupal fruit flies.

This condition would ensure that shipments that arrive at the

maritime port of Seattle, WA, in cases or bins would not be exposed in

such a manner as to allow fruit flies or other insect pests to escape

from the shipment.

2. Bulk and containerized shipments of fruit must be cold treated

within the area over which the Bureau of Customs is assigned the

authority to accept entries of merchandise, to collect duties, and to

enforce the various provisions of the customs and navigation laws in

force.

This condition would restrict the movement of untreated shipments

of fruit intended for cold treatment, further minimizing the risk that

any fruit flies in the shipments would come into contact with host

material that may be in the area.

3. Advance reservations for cold treatment space must be made prior

to the departure of a shipment from its port of origin.

This condition would ensure that untreated shipments of fruit

arriving at the port would not have to wait for an extended period of

time for cold treatment. Ensuring the expeditious cold treatment of the

fruit would minimize the risk of fruit flies maturing in deteriorating

fruit.

[[Page 18692]]

4. The cold treatment facility must remained locked during non-

working hours.

This condition would help ensure that unauthorized persons do not

have access to untreated fruit and, therefore, cannot remove untreated

fruit from the cold treatment facility.

We believe that the biological barriers and these additional

conditions established for cold treatment at the maritime port of

Seattle, WA, would be adequate to prevent the introduction and

establishment of fruit flies and other insect pests.

Special Conditions for the Airports of Atlanta, GA, and Seattle, WA

The airports of Atlanta, GA, and Seattle, WA, each have biological

barriers to fruit fly introduction and establishment in that neither

port is in a citrus-producing area. This reduces the likelihood that a

fruit fly escaping from a shipment of fruit intended for cold treatment

would find adequate host material for propagation. However, both the

airports of Atlanta, GA, and Seattle, WA, belong to the Group II list

of ports because the areas surrounding these airports contain a small

variety of fruit-fly host material and have longer growing seasons than

Group I ports. Additionally, although fruit that travels to the United

States by ship for cold treatment is regularly chilled during transit,

fruit imported into the United States by aircraft for cold treatment is

not. Therefore, the mitigation measures for the Group II airports of

Atlanta, GA, and Seattle, WA, would be more extensive than the

mitigation measures for Group II maritime ports. As such, in addition

to the requirements in Sec. 319.56-2d(b)(5)(i) through (b)(5)(iii) of

the regulations concerning cold treatment, the following additional

requirements would apply to cold treatment conducted at the airports of

Atlanta, GA, and Seattle, WA:

1. Bulk and containerized shipments of fruit must arrive in fruit

fly-proof packaging that prevents the escape of adult, larval, or pupal

fruit flies.

This condition would ensure that all shipments, including those

that that arrive at these airports in cases or bins, would not be

exposed in such a manner as to allow fruit flies or other insect pests

to escape from the shipment.

2. Bulk and containerized shipments of fruit must be cold treated

within the area over which the Bureau of Customs is assigned the

authority to accept entries of merchandise, to collect duties, and to

enforce the various provisions of the customs and navigation laws in

force.

This condition would restrict the movement of untreated shipments

of fruit intended for cold treatment, further minimizing the risk that

any fruit flies in the shipments would come into contact with host

material that may be in the area.

3. The cold treatment facility and PPQ must agree in advance on the

route by which shipments are allowed to move between the aircraft on

which they arrived at the port and the cold treatment facility. The

movement of shipments from aircraft to cold treatment facility would

not be allowed until an acceptable route has been agreed upon.

In most instances, the route would be determined by establishing

the shortest route between the aircraft and the cold treatment facility

that does not include an area that contains host material for fruit

flies during the time of year that the region experiences its most

abundant amount of host material for fruit flies. Then, that route

would be used throughout the year to convey shipments from aircraft to

cold treatment facility. This predetermined route would reduce the

amount of time that a shipment would have to wait before undergoing

cold treatment and would reduce the risk that any fruit flies in the

shipments would come into contact with host material en route to cold

treatment.

4. Advance reservations for cold treatment space must be made prior

to the departure of a shipment from its port of origin.

This condition would ensure that untreated shipments of fruit

arriving at the port would not have to wait for an extended period of

time for cold treatment. Ensuring the expeditious cold treatment of the

fruit would minimize the risk of fruit flies maturing in deteriorating

fruit.

5. The cold treatment facility must remained locked during non-

working hours.

This condition would help ensure that unauthorized persons do not

have access to untreated fruit and, therefore, cannot remove untreated

fruit from the cold treatment facility.

6. Blacklight or sticky paper must be used within the cold

treatment facility, and other trapping methods, including Jackson/

methyl eugenol and McPhail traps, must be used within the 4 square

miles surrounding the cold treatment facility.

This condition would act as a general safeguard. We propose this

condition as an extra layer of defense that would trap any fruit flies

within the facility or within the facility's environs, in the unlikely

event that a fruit fly manages to survive past the stage of pupation in

the cold treatment facility.

7. The cold treatment facility must have contingency plans,

approved by the Deputy Administrator of PPQ, for handling fruit,

including the ability to destroy or dispose of fruit safely.

This condition would ensure that, in the event that a shipment

cannot be cold treated promptly or properly, the contents of the

shipment could be safely treated by alternative means, destroyed, or

disposed of so that fruit flies and other insect pests would not have

the opportunity to escape. Examples of adequate contingency plans would

include the ability to incinerate fruit, to bury fruit, or to re-export

fruit.

We believe that the biological barriers and these additional

conditions established for cold treatment at the airports of Atlanta,

GA, and Seattle, WA, would be adequate to prevent the introduction and

establishment of fruit flies and other plant pests.

Special Conditions for the Port of Gulfport, MS

The maritime port of Gulfport, MS, has biological barriers to fruit

fly introduction and establishment in that it is not in a citrus-

producing area. This reduces the likelihood that a fruit fly escaping

from a shipment of fruit intended for cold treatment would find

adequate host material for propagation. However, the port of Gulfport

belongs to the Group IV list of ports because the area surrounding this

port, among other things, contains a wider variety and greater quantity

of fruit-fly host material than Group I, II, or III ports and has a

lengthy growing season due to its southern location. Therefore, in

addition to the requirements in Sec. 319.56-2d(b)(5)(i) through

(b)(5)(iii) of the regulations concerning cold treatment, the following

additional requirements would apply to cold treatment conducted at the

maritime port of Gulfport, MS:

1. All fruit entering the port for cold treatment must move in

maritime containers. No bulk shipments (those shipments which are

stowed and unloaded by the case or bin) would be allowed at the port of

Gulfport, MS.

This condition would ensure that imported fruit arriving at the

port of Gulfport, MS, for cold treatment would not be exposed to the

outdoors. The shipping container would insulate the fruit, thereby

helping to keep the fruit chilled during unloading, would prevent

leakage of the shipment, and would serve as a barrier to fruit fly

escape from shipments of untreated fruit.

[[Page 18693]]

2. Within the container, the fruit intended for cold treatment must

be enclosed in fruit fly-proof packaging that prevents the escape of

adult, larval, or pupal fruit flies.

This condition would ensure that containerized shipments would be

packaged in such a manner as to prevent fruit flies or other insect

pests from escaping from the shipment when the container is opened.

This condition would provide an extra barrier to fruit fly escape from

a shipment of untreated fruit.

3. Containerized shipments of fruit arriving at the port must be

cold treated within the area over which the Bureau of Customs is

assigned the authority to accept entries of merchandise, to collect

duties, and to enforce the various provisions of the customs and

navigation laws in force.

This condition would restrict the movement of untreated shipments

of fruit intended for cold treatment, further minimizing the risk that

any fruit flies in the shipments would come into contact with host

material that may be in the area.

4. The cold treatment facility and PPQ must agree in advance on the

route by which shipments are allowed to move between the vessel on

which they arrived at the port and the cold treatment facility. The

movement of shipments from vessel to cold treatment facility would not

be allowed until an acceptable route has been agreed upon.

In most instances, the route would be determined by establishing

the shortest route between the vessel and the cold treatment facility

that does not include an area that contains host material for fruit

flies during the time of year that the region experiences its most

abundant amount of host material for fruit flies. Then, that route

would be used throughout the year to convey shipments from vessel to

cold treatment facility. This predetermined route would reduce the

amount of time that a shipment would have to wait before undergoing

cold treatment and would reduce the risk that any fruit flies in the

shipments would come into contact with host material en route to cold

treatment.

5. Advance reservations for cold treatment space must be made prior

to the departure of a shipment from its port of origin.

This condition would ensure that untreated shipments of fruit

arriving at the port would not have to wait for an extended period of

time for cold treatment. Ensuring the expeditious cold treatment of the

fruit would minimize the risk of fruit flies maturing in deteriorating

fruit.

6. Devanning, the unloading of fruit from containers into the cold

treatment facility, must adhere to the following requirements: (1) All

containers must be unloaded within the cold treatment facility; and (2)

untreated fruit may not be exposed to the outdoors under any

circumstances.

Because of the southern location of the port of Gulfport, MS, we

believe that this condition would be a necessary mitigating factor at

this port. This condition would eliminate the possibility of untreated

fruit being unloaded and waiting for cold treatment outside of the cold

treatment facility itself.

If fruit intended for cold treatment was removed from its shipping

container outside of the cold treatment facility, there would be an

increased risk of fruit fly escape due to untreated fruit warming up to

temperatures that would allow the insect pests that may be in the fruit

to become more active and possibly to escape when the fly-proof

packaging is removed from the shipment. Our proposal to require

devanning inside of the cold treatment facility would ensure that all

fruit that requires cold treatment remains in a cool environment.

7. The cold treatment facility must remained locked during non-

working hours.

This condition would help ensure that unauthorized persons do not

have access to untreated fruit and, therefore, cannot remove untreated

fruit from the cold treatment facility.

8. Blacklight or sticky paper must be used within the cold

treatment facility, and other trapping methods, including Jackson/

methyl eugenol and McPhail traps, must be used within the 4 square

miles surrounding the cold treatment facility.

This condition would act as a general safeguard. We propose this

condition as an extra layer of defense that would trap any fruit flies

within the facility or within the facility's environs, in the unlikely

event that a fruit fly manages to survive past the stage of pupation in

the cold treatment facility.

9. During cold treatment, a backup system must be available to cold

treat the shipments of fruit should the primary cold room malfunction.

The facility must also have one or more reefers (cold holding rooms)

and methods of identifying lots of treated and untreated fruit.

This condition would ensure that, in the event that the primary

cold treatment system fails, additional equipment is on hand at the

cold treatment facility to perform cold treatments on shipments of

fruit. Cold holding rooms would be necessary to ensure that shipments

of fruit remain cool during any waiting period that may ensue from a

malfunction of the primary cold room. The identification of shipments

to determine which lots have been treated and which lots need to be

treated would eliminate the possibility of treated fruit being

commingled with untreated fruit and thereby further reduce the

possibility of fruit flies or other insect pests escaping from the cold

treatment facility.

10. The cold treatment facility must have the ability to conduct

methyl bromide fumigations on site. Therefore, the cold treatment

facility must have fumigation equipment approved by the Deputy

Administrator of PPQ and a site for conducting fumigation on the

premises.

This condition would act as an additional contingency plan to treat

fruit entering the port of Gulfport, MS. As the risk of fruit fly

infestation is greater at Gulfport, MS, than at the other ports

proposed for cold treatment, we have determined that an extra layer of

protection should be provided by requiring methyl bromide fumigation

capabilities as an alternative means of eliminating pests from

shipments of fruit. The criteria for the approval of fumigation

equipment can be found in the PPQ Treatment Manual.

With respect to methyl bromide fumigation, the Environmental

Protection Agency published a notice of final rulemaking in the Federal

Register on December 10, 1993 (58 FR 65018-65082) which freezes the

production of methyl bromide 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.

11. The cold treatment facility must have contingency plans,

approved by the Deputy Administrator of PPQ, for safely destroying or

disposing of fruit.

This condition would ensure that, in the event a shipment cannot be

cold treated promptly or properly, the contents of the shipment could

be safely destroyed or disposed of so that fruit flies and other plant

pests would not have the opportunity to escape. Examples of adequate

contingency plans would include the ability to incinerate fruit, to

bury fruit, or to re-export fruit.

We believe that the biological barriers and these additional

conditions

[[Page 18694]]

established for cold treatment at the port of Gulfport, MS, would be

adequate to prevent the introduction and establishment of fruit flies

and other plant pests.

Proposal of Special Condition for the Port of Wilmington, NC

We are also proposing to require that cold treatment facilities at

the port of Wilmington, NC, remain locked during non-working hours as

another special condition to cold treatment at the port of Wilmington,

NC. We have determined that this safeguard, without interfering with

daily operations at the port, would help ensure that unauthorized

persons do not have access to untreated fruit and, therefore, cannot

remove untreated fruit from the cold treatment facility.

Miscellaneous

We are also proposing to make minor editorial changes for clarity

and consistency. We propose to amend the language in Sec. 319.56-

2d(b)(5)(iv)(B) to clarify that shipments coming in for cold treatment

currently consist only of fruit. Section 319.56-2d(b)(5)(iv)(B) states

that the shipments intended for cold treatment consist of fruits and

vegetables, but, presently, only certain fruits from certain countries

are approved for cold treatment.

We also propose to revise Sec. 319.56-2x(b) to update the list of

ports that are approved as locations for cold treatment.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

For this action, the Office of Management and Budget has waived its

review process required by Executive Order 12866.

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 of the data necessary for a comprehensive analysis

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

are inviting comments on potential effects. In particular, we are

interested in determining the number and kind of small entities that

may incur benefits or costs from the implementation of this proposed

rule.

Under the Plant 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, under certain

conditions, the cold treatment of imported fruits upon arrival at the

ports of Gulfport, MS, Atlanta, GA, and Seattle, WA. Modern cold

treatment facilities have been or are in the process of being

constructed at each of these ports.

Approximately 585.4 million kilograms of fresh fruits and

vegetables were imported into the United States through the ports of

Gulfport, MS, Atlanta, GA, and Seattle, WA, during fiscal year 1994.

The port of Gulfport, MS, handled about 98 percent of the total fresh

fruit and vegetable imports for these ports. The ports of Atlanta, GA,

and Seattle, WA, handled 0.25 and 1.75 percent, respectively, of the

total fresh fruit and vegetable imports for these three ports. During

fiscal year 1994, approximately 550,330 kilograms (less than one-tenth

of one percent) of the total fresh fruit imports for these ports were

cold treated in the country of origin or in transit to the United

States and, if these ports had been approved for cold treatment, would

have been eligible for cold treatment upon arrival in the United

States. Should these ports be approved for cold treatment, we expect

that an additional 20 million kilograms of new and rerouted fresh

fruits would be imported through and cold treated at these ports each

year.

According to the Small Business Administration, a ``small'' entity

involved in the wholesale trade of fresh fruits is one that employs no

more than 100 people. Currently, there are 4,388 ``small'' wholesale

importers of fresh fruits in the United States. Use of on-site cold

treatment facilities at the ports of Seattle, WA, Atlanta, GA, and

Gulfport, MS, may slightly reduce transportation costs for foreign

fruit exporters, which, in turn, may slightly reduce transportation

costs for domestic importers and, ultimately, may slightly reduce the

cost of certain fruits for U.S. consumers. We expect, however, that

these reductions in costs would be insignificant.

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

regulations. After consideration, we rejected this alternative because

it appears that, with the safeguards proposed, the cold treatment of

fruit may be conducted at any of the ports proposed in this document

without significant risk of introducing fruit flies or other injurious

plant pests.

Executive Order 12778

This proposed rule would allow cold treatment of certain imported

fruits to be conducted at the ports of Gulfport, MS, Atlanta, GA, and

Seattle, WA. If this proposed rule is adopted, State and local laws and

regulations regarding the importation of fruits under this rule would

be preempted while the fruits are in foreign commerce. Fresh fruits 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.

Paperwork Reduction Act

This proposed rule contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

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

List of Subjects in 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 part 319 would be amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and

2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

2. Section 319.56-2d would be amended as follows:

a. In paragraph (b)(1), by revising the second sentence to read as

set forth below.

b. By revising paragraph (b)(5)(iv) to read as set forth below.

c. By adding new paragraphs (b)(5)(v) and (b)(5)(vi) to read as set

forth below.

Sec. 319.56-2d Administrative instructions for cold treatments of

certain imported fruits.

* * * * *

(b) * * *

(1) * * * If not so refrigerated, the fruit must be both precooled

and refrigerated after arrival only in cold storage warehouses approved

by the Deputy Administrator and located at the following ports:

Atlantic ports north of, and including, Baltimore, MD; ports on the

Great Lakes and St. Lawrence Seaway; Canadian border ports on the

[[Page 18695]]

North Dakota border and east of North Dakota; the maritime ports of

Wilmington, NC, Seattle, WA, and Gulfport, MS; Seattle-Tacoma

International Airport, Seattle, WA; Hartsfield-Atlanta International

Airport, Atlanta, GA; and Baltimore-Washington International and Dulles

International airports, Washington, DC. * * *

* * * * *

(5) * * *

(iv) Special requirements for the maritime ports of Wilmington, NC,

and Seattle, WA. Shipments of fruit arriving at the maritime ports of

Wilmington, NC, and Seattle, WA, for cold treatment, in addition to

meeting all of the requirements in paragraphs (b)(5)(i) through

(b)(5)(iii) of this section, must meet the following special

conditions:

(A) Bulk shipments (those shipments which are stowed and unloaded

by the case or bin) of fruit must arrive in fruit fly-proof packaging

that prevents the escape of adult, larval, or pupal fruit flies.

(B) Bulk and containerized shipments of fruit must be cold-treated

within the area over which the Bureau of Customs is assigned the

authority to accept entries of merchandise, to collect duties, and to

enforce the various provisions of the customs and navigation laws in

force.

(C) Advance reservations for cold treatment space must be made

prior to the departure of a shipment from its port of origin.

(D) The cold treatment facility must remained locked during non-

working hours.

(v) Special requirements for the airports of Atlanta, GA, and

Seattle, WA. Shipments of fruit arriving at the airports of Atlanta,

GA, and Seattle, WA, for cold treatment, in addition to meeting all of

the requirements in paragraphs (b)(5)(i) through (b)(5)(iii) of this

section, must meet the following special conditions:

(A) Bulk and containerized shipments of fruit must arrive in fruit

fly-proof packaging that prevents the escape of adult, larval, or pupal

fruit flies.

(B) Bulk and containerized shipments of fruit arriving for cold

treatment must be cold treated within the area over which the Bureau of

Customs is assigned the authority to accept entries of merchandise, to

collect duties, and to enforce the various provisions of the customs

and navigation laws in force.

(C) The cold treatment facility and Plant Protection and Quarantine

must agree in advance on the route by which shipments are allowed to

move between the aircraft on which they arrived at the airport and the

cold treatment facility. The movement of shipments from aircraft to

cold treatment facility will not be allowed until an acceptable route

has been agreed upon.

(D) Advance reservations for cold treatment space must be made

prior to the departure of a shipment from its port of origin.

(E) The cold treatment facility must remained locked during non-

working hours.

(F) Blacklight or sticky paper must be used within the cold

treatment facility, and other trapping methods, including Jackson/

methyl eugenol and McPhail traps, must be used within the 4 square

miles surrounding the cold treatment facility.

(G) The cold treatment facility must have contingency plans,

approved by the Deputy Administrator, for safely destroying or

disposing of fruit.

(vi) Special requirements for the port of Gulfport, MS. Shipments

of fruit arriving at the port of Gulfport, MS, for cold treatment, in

addition to meeting all of the requirements in paragraphs (b)(5)(i)

through (b)(5)(iii) of this section, must meet the following special

conditions:

(A) All fruit entering the port for cold treatment must move in

maritime containers. No bulk shipments (those shipments which are

stowed and unloaded by the case or bin) are permitted at the port of

Gulfport, MS.

(B) Within the container, the fruit intended for cold treatment

must be enclosed in fruit fly-proof packaging that prevents the escape

of adult, larval, or pupal fruit flies.

(C) All shipments of fruit arriving at the port for cold treatment

must be cold treated within the area over which the Bureau of Customs

is assigned the authority to accept entries of merchandise, to collect

duties, and to enforce the various provisions of the customs and

navigation laws in force.

(D) The cold treatment facility and Plant Protection and Quarantine

must agree in advance on the route by which shipments are allowed to

move between the vessel on which they arrived at the port and the cold

treatment facility. The movement of shipments from vessel to cold

treatment facility will not be allowed until an acceptable route has

been agreed upon.

(E) Advance reservations for cold treatment space at the port must

be made prior to the departure of a shipment from its port of origin.

(F) Devanning, the unloading of fruit from containers into the cold

treatment facility, must adhere to the following requirements:

(1) All containers must be unloaded within the cold treatment

facility; and

(2) Untreated fruit may not be exposed to the outdoors under any

circumstances.

(G) The cold treatment facility must remained locked during non-

working hours.

(H) Blacklight or sticky paper must be used within the cold

treatment facility, and other trapping methods, including Jackson/

methyl eugenol and McPhail traps, must be used within the 4 square

miles surrounding the cold treatment facility.

(I) During cold treatment, a backup system must be available to

cold treat the shipments of fruit should the primary system

malfunction. The facility must also have one or more reefers (cold

holding rooms) and methods of identifying lots of treated and untreated

fruits.

(J) The cold treatment facility must have the ability to conduct

methyl bromide fumigations on-site.

(K) The cold treatment facility must have contingency plans,

approved by the Deputy Administrator, for safely destroying or

disposing of fruit.

* * * * *

3. In Sec. 319.56-2x(b), the first sentence would be revised to

read as follows:

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

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

* * * * *

(b) If treatment has not been completed before the fruits and

vegetables arrive in the United States, fruits and vegetables listed

above and requiring treatment for fruit flies may arrive in the United

States only at the following ports: Atlantic ports north of, and

including, Baltimore, MD; ports on the Great Lakes and St. Lawrence

Seaway; Canadian border ports on the North Dakota border and east of

North Dakota; the maritime ports of Wilmington, NC, Seattle, WA, and

Gulfport, MS; Seattle-Tacoma International Airport, Seattle, WA;

Hartsfield-Atlanta International Airport, Atlanta, GA; and Baltimore-

Washington International and Dulles International airports, Washington,

DC. * * *

Done in Washington, DC, this 23rd day of April 1996.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-10461 Filed 4-26-96; 8:45 am]

BILLING CODE 3410-34-P