Importation of Fruits and Vegetables

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,

are 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 are required

to undergo prescribed treatments for injurious plant pests as a

condition of entry, or to meet other special conditions. The removal of

these prohibitions 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: January 6, 1997.

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

Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 139,

Riverdale, MD 20737-1236; (301) 734-6799.

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 fruit flies and other

injurious plant pests that are new to or not widely distributed within

and throughout the United States.

On July 2, 1996, we published in the Federal Register (61 FR 34379-

34385, Docket No. 95-098-1) 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 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

assessments that indicated that the fruits or vegetables could be

imported under certain conditions without significant pest risk.

We solicited comments concerning our proposal for 60 days ending

September 3, 1996. We received 15 comments by that date. They were from

representatives of State and foreign governments, grocery stores,

industry groups, and a member of Congress. Ten commenters supported the

proposed rule as written. The other commenters expressed concerns about

our proposing to allow importation of citrus fruit from the Western

Cape Province of South Africa. These concerns are discussed below:

Comment: How has it been determined that the Western Cape Province

is free of citrus blackspot?

Response: Many factors have contributed to our determination that

the Western Cape Province is free of citrus blackspot. First, citrus

blackspot has never been reported in the Western Cape Province. In

addition, in June 1994, we received assurances from the Director of the

Directorate of Plant and Quality Control, Department of Agriculture,

Republic of South Africa, that the Western Cape Province is free of

citrus blackspot. In that same month, personnel of the Animal and Plant

Health Inspection Service (APHIS), U.S. Department of Agriculture

(USDA), began a review of the testing protocol for citrus blackspot

(the procedures used in testing for the presence of citrus blackspot)

and the results of the testing for citrus blackspot provided by the

South African Department of Agriculture. APHIS personnel determined

that the testing protocol used in the Western Cape Province was

scientifically sound and that the Western Cape Province showed no

evidence of citrus blackspot. Later, in May (the time of the year for

optimum expression of citrus blackspot in South Africa) 1995, an

additional survey for citrus blackspot was conducted by personnel of

the Directorate of Plant and Quality Control, and no evidence of the

disease was detected. The results of these surveys give us the

confidence to make the determination that the Western Cape Province is

free from citrus blackspot.

Comment: The pest risk analysis for citrus fruit from South Africa

notes that the Western Cape Province is free of citrus blackspot. What

measures are being taken to ensure that citrus blackspot is not

introduced into the Western Cape Province from other areas of South

Africa that are known to be infected with the disease? Regular, on-

going surveys performed in the Western Cape Province by trained plant

pathologists, routine verification of South African testing programs

regarding the pest-free status of the Western Cape Province, and other

on-going pest exclusion activites need to be established to prevent the

spread of citrus blackspot into the Western Cape Province.

Response: As stated in the proposed rule, both natural and

regulatory barriers are in place that will help ensure that the Western

Cape Province will remain free of citrus blackspot. The Western Cape

Province's nearest citrus-producing neighbor, the Gamtoos River Valley,

has, to date, had no findings or reports of citrus blackspot, and the

citrus-producing areas in South Africa that are infested with citrus

blackspot are separated from the Western Cape Province by mountain

ranges, semi-desert areas, or long distances. Additionally, the South

African Government has in place regulations that prohibit the movement

of nursery trees from the northern citrus-production area of South

Africa into the Western Cape Province, and the South African Government

carefully monitors and regularly inspects citrus fruit for citrus

blackspot in the growing areas and packing houses of the Western Cape

Province. We believe that these natural and regulatory barriers are

sufficient to

[[Page 594]]

help ensure that the Western Cape Province remains free of citrus

blackspot.

Comment: Leaves and other debris which might result in the

introduction of the citrus leaf miner, Phyllocnistis citrella, should

not be allowed into the United States with any shipments of citrus

imported from South Africa. Additionally, mitigation measures, such as

limiting shipments of citrus from South Africa to early spring, need to

be taken to prevent the introduction of Toxoptera odinae, a type of

aphid, into the United States.

Response: This final rule allows the importation of citrus fruit

from the Western Cape Province of South Africa. Section 319.56-2(a) of

the regulations provides that all importations of fruits and vegetables

must be free from plants or portions of plants, including leaves,

twigs, or other portions of plants, or plant litter or rubbish as

distinguished from clean fruits and vegetables. Both the citrus leaf

miner and Toxoptera odinae are associated with the leaves and other

portions of citrus plants, and as citrus leaves or other debris that

may harbor the citrus leaf miner or Toxoptera odinae are prohibited

entry into the United States, we are confident that at any time of the

year, the risk of the introduction of the citrus leaf miner or

Toxoptera odinae into the United States is negligible. Additionally,

both of these pests are mitigated in the Western Cape Province of South

Africa by chemical controls during preharvest and postharvest and by

phytosanitary export inspections. Therefore, we are making no changes

to the proposed rule in response to this comment.

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

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

a final rule without changes.

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 not to be 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. 604, we have performed a Final

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

economic impact of this final 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 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 had been prohibited

because of the risk that they could have introduced injurious plant

pests into the United States.

In our proposal, we solicited comments on the potential effects of

the proposed action on small entities. In particular, we sought data

and other information to determine the number and kind of small

entities that may incur benefits or costs from the implementation of

the proposed rule. We received no comments on the Initial Regulatory

Flexibility Analysis contained in the proposed rule.

This rule is 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 can, under certain conditions, 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 a USDA inspector. In addition, some of the fruits and

vegetables will be required to undergo mandatory treatment for

injurious plant pests 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.

Basil From Argentina

From 1990 to 1994, the value of U.S. basil imports averaged $3.3

million annually. This average includes import values for 1994 when,

due to a record import volume of 3,220 metric tons, U.S. basil imports

amounted to $4.6 million. No information is available on U.S. basil

production.

It is estimated that Argentina produces about 1,500 metric tons of

basil annually. If commercial conditions are favorable, basil exports

to the United States could, over time, reach 200 metric tons a year.

This amount is only about 6 percent of current U.S. basil imports and,

therefore, is not expected to have a significant economic effect on any

entities in the U.S. basil market.

Babaco From Chile

Chile produced 334 metric tons of babaco from 1994 to 1995. Of this

amount, only 6.9 metric tons were exported, and all exported babaco

went to Argentina. There is no data available on production or

importation of babaco by the United States. We do not expect that

babaco imported from Chile would have a significant economic impact on

U.S. producers or other small entities.

Hyacinth Bean and Yard Long Bean From Honduras

No information is available on potential U.S. imports of hyacinth

bean or yard long bean from Honduras or on U.S. production of these

commodities.

Angelica From Korea

Korea produces about 1,300 metric tons of angelica a year. Of this

amount, only 10 kilograms were exported in 1994 and 14 kilograms in

1995. Given the negligible quantities exported in the last 2 years, it

is anticipated that very little angelica will be imported into the

United States from Korea. Therefore, no significant economic impact on

U.S. entities is expected.

Strawberry From Morocco

In 1994, total U.S. strawberry production was 737,580 metric tons.

That year, the United States exported 57,332 metric tons of fresh

strawberries and 28,637 metric tons of frozen strawberries and imported

19,843 metric tons of fresh strawberries and 25,050 metric tons of

frozen strawberries. Therefore, in 1994, U.S. exports of fresh

strawberries surpassed U.S. imports of fresh strawberries by nearly

three times, while frozen strawberry exports and imports were more

balanced.

Morocco produced about 35,000 metric tons of strawberries in the

1994-95 season. During that season, Morocco exported about 9,000 metric

tons of fresh strawberries and 11,000 metric tons of frozen

strawberries.

[[Page 595]]

Future U.S. strawberry imports from Morocco are estimated at 160

metric tons of strawberries per year. As these estimated strawberry

imports from Morocco constitute less than .02 percent of U.S.

strawberry production, they are not expected to have a significant

economic impact on U.S. entities, large or small.

Broad Bean, Green Bean, and Mung Bean From Nicaragua

In 1994, total U.S. green bean production was 916,750 metric tons.

Of this amount, 20,324 metric tons, or 2.2 percent of total production,

was exported. In 1994, green bean imports amounted to 11,230 metric

tons.

U.S. production data is not available for broad bean and mung bean.

However, in 1994, the United States exported 389 metric tons of dried

broad bean and 2,134 metric tons of dried mung bean. U.S. imports of

these commodities in 1994 totaled 610 metric tons of dried broad bean

and 7,178 metric tons of dried mung bean.

No information is available on potential imports of green bean,

broad bean, and mung bean from Nicaragua. Given the sizable quantity of

green beans produced in the United States and given the import levels

for broad bean and mung bean, potential import of these commodities

from Nicaragua is not expected to have a significant economic impact on

U.S. producers or other small entities.

Clementine, Grapefruit, Lemon, Minneola, Navel Orange, Satsuma, and

Valencia Orange From South Africa

In the 1994-95 season, the total value of the U.S. citrus crop was

$2.25 billion. The 1994-95 value of U.S.-produced navel oranges (early

and midseason) was $836 million, valencia oranges $727 million,

grapefruit $301 million, and lemon $265 million. Production value is

not available for clementine, satsuma, and minneola.

In 1994, the United States exported fresh citrus and citrus

products valued at more than $650 million and imported fresh citrus and

citrus products valued at about $70 million. By weight, about 50

percent of 1994 fresh citrus exports were oranges and tangerines, about

40 percent grapefruit, and about 10 percent lemons and limes.

South Africa exports about two-thirds of its citrus crop. The 1996

projected exports of citrus from the Western Cape Province of South

Africa to the United States include 10,500 metric tons of navel

oranges; 12,750 metric tons of valencia oranges; 8,000 metric tons of

clementines; 75 metric tons of grapefruit; 3,000 metric tons of lemons;

1,000 metric tons of satsuma; and 900 metric tons of minneola. These

projections amount to only a fraction of one percent of U.S. production

of citrus.

Additionally, as South Africa exports most of its fresh citrus and

citrus products during the summer months, South African citrus would

not compete with the late fall, winter, and early spring citrus

production season in the United States.

Therefore, due to summer arrival of citrus from South Africa, the

relatively negligible quantity of citrus expected to be imported into

the United States from South Africa, and the fact that U.S. citrus

exports are more than nine times greater than U.S. citrus imports, we

expect that South African citrus exports to the United States would not

have a significant economic impact on U.S. producers, exporters, and

importers of citrus, or other small entities. Citrus importers in the

United States could benefit from the increased availability of citrus

fruit, especially navel oranges, during the time of year when U.S.

production is at its lowest.

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

regulations. After consideration, we rejected this alternative because

there is no biological reason to prohibit the importation into the

United States of the fruits and vegetables listed in this document.

Executive Order 12988

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 the importation of fruits and vegetables

under this rule will be preempted while the fruit is 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.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501 et seq.), the information collection or

recordkeeping requirements included in this final rule have been

approved by the Office of Management and Budget (OMB). The assigned OMB

control number is 0579-0049.

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 are 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 2.22,

2.80, and 371.2(c).

2. In Sec. 300.1, paragraph (a), the introductory text is revised

to read as follows:

Sec. 300.1 Materials incorporated by reference; availability.

(a) Plant Protection and Quarantine Treatment Manual. The Plant

Protection and Quarantine Treatment Manual, which was reprinted

November 30, 1992, and includes all revisions through October 1996, 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, 450, 2803, and

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

4. A new Sec. 319.56-2q is added to read as follows:

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

entry of citrus from South Africa.

Clementine (Citrus reticulata), grapefruit (Citrus paradisi), lemon

(Citrus limon), minneola (C. paradisi x C. reticulata), navel orange

(Citrus sinensis), satsuma (Citrus reticulata), and valencia orange

(Citrus sinensis) may be imported into the United States from the

Western Cape Province of South Africa only under the following

conditions:

(a) The citrus fruit must be grown in, packed in, and shipped from

the Western Cape Province of South Africa.

(b) The citrus fruit must be cold treated for false codling moth

and fruit

[[Page 596]]

flies of the genus Ceritatis and Pterandrus in accordance with the

Plant Protection and Quarantine Treatment Manual, which is incorporated

by reference at Sec. 300.1 of this chapter.

(1) If the cold treatment is to be conducted in the United States,

entry of the citrus fruit into the United States is limited to ports

listed in Sec. 319.56-2d(b)(1).

(2) If the cold treatment is conducted in South Africa or in

transit to the United States, entry of the citrus into the United

States may be made through any U.S. port.

(c) Each shipment of citrus fruit must be accompanied by a

phytosanitary certificate issued by the South African Ministry of

Agriculture stating that the conditions of paragraph (a) of this

section have been met. (Approved by the Office of Management and Budget

under control number 0579- 0049)

5. In Sec. 319.56-2t, an OMB control number is added at the end of

the section, and the table is amended as follows:

a. In the entries for Costa Rica, Guatemala, and Philippines, under

the heading Common name, by removing the words ``Yam bean'' from each

entry and adding the word ``Jicama'' in their places.

b. In the entries for Guatemala and Panama, the entry for Tarragon

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

by removing the words ``Leaf and stem'' and adding the words ``Above

ground parts'' in their place.

c. In the entry for Belize, the entry for Papaya, by revising the

text under the heading Plant part(s) to read as set forth below.

d. By adding, in alphabetical order, entries for Basil from

Argentina, Babaco from Chile, Angelica from Korea, and Strawberry from

Morocco to read as set forth below.

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..........................

* * * * * *

*

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

* * * * * *

*

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,

or in any portion of the

district of Stann Creek

except the area bounded as

follows: Beginning at the

southernmost point of the

Placencia Peninsula; then

north along the coast of

the Caribbean Sea to

Riversdale Rd.; then west

along Riversdale Rd. to

Southern Hwy.; then south

along the Southern Hwy. to

Independence Rd.; then

east along Independence

Rd. to Big Creek Port;

then east, on an imaginary

line, from Big Creek Port

across the Placencia

Lagoon to the point of

beginning. Papayas from

other areas of Belize

enterable only with

treatment--see Sec.

319.56-2x). Prohibited

entry into Hawaii due to

the papaya fruit fly,

Toxotrypana curvicauda.

Cartons in which fruit is

packed must be stamped

``Not for importation into

or distribution within

HI.''

* * * * * *

*

Chile.............................. Babaco................ Carica x heilborni Fruit. (From Medfly-free

var. pentagona. areas--see Sec. 319.56-

2j. Fruit must be

accompanied by a

phytosanitary certificate

issued by the Chilean

department of agriculture

stating that the fruit

originated in a Medfly-

free province.)

* * * * * *

*

Korea.............................. Angelica.............. Aralia elata.......... Edible shoot.

* * * * * *

*

Morocco............................ Strawberry............ Fragaria spp.......... Fruit.

* * * * * *

*

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

* * * * *

(Approved by the Office of Management and Budget under control number

0579- 0049)

6. In Sec. 319.56-2x, paragraph (a), the table is amended as

follows:

a. In the entry for Belize, the entry for Papaya, by revising the

text under the heading Plant part(s) to read as set forth below.

b. By adding, in alphabetical order, entries for Hyacinth bean and

Yard long bean from Honduras and Broad bean, Green bean, and Mung bean

from Nicaragua to read as set forth below.

[[Page 597]]

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, or in any portion of

the district of Stann

Creek except the area

bounded as follows:

Beginning at the

southernmost point of the

Placencia Peninsula; then

north along the coast of

the Caribbean Sea to

Riversdale Rd.; then west

along Riversdale Rd. to

Southern Hwy.; then south

along the Southern Hwy. to

Independence Rd.; then

east along Independence

Rd. to Big Creek Port;

then east, on an imaginary

line, from Big Creek Port

across the Placencia

Lagoon to the point of

beginning--see Sec.

319.59-2t.) Papayas

prohibited entry into

Hawaii due to the papaya

fruit fly, Toxotrypana

curvicauda. Cartons in

which fruit is packed must

be stamped ``Not for

importation into or

distribution within HI.''

* * * * * *

*

Honduras........................... Hyacinth bean......... Lablab purpureus...... Pod or shelled.

Yard long bean........ Vigna unguiculata, Pod or shelled.

subsp. sesquipedalis.

* * * * * *

*

Nicaragua.......................... Broad bean............ Vicia faba............ Pod or shelled.

Green bean............ Phaseolus spp......... Pod or shelled.

Mung bean............. Vigna radiata......... Pod or shelled.

* * * * * *

*

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

* * * * *

Done in Washington, DC, this 20th day of December 1996.

Al Strating,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-108 Filed 1-3-97; 8:45 am]

BILLING CODE 3410-34-P