Importation of Fruits and Vegetables

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 96-046-3]

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,

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 meet other special conditions. The removal of these prohibitions

provides 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.

We are also amending the regulations to extend the production area

in Arava, Israel, where peppers may be grown for importation into the

United States; to eliminate the distribution restrictions for peppers

from Arava, Israel; to eliminate the trust fund provisions for papayas

from Costa Rica; to declare all Provinces in Chile free of the

Mediterranean fruit fly; and to make several nonsubstantive editorial

changes to the regulations. These actions relieve restrictions while

continuing to prevent the introduction of plant pests into the United

States.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Campbell, Staff Officer,

Port Operations, PPQ, APHIS, 4700 River Road Unit 136, 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 March 25, 1997, we published in the Federal Register (62 FR

14037-14044, Docket No. 96-046-1) a proposal to amend the regulations

by allowing certain previously prohibited 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 fruit flies or other injurious plant pests 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 60 days ending

May 27, 1997. We received 11 comments by that date. They were from

representatives of industry and State governments. Six of the

commenters supported the proposed rule in its entirety. The remaining 5

commenters had reservations about specific provisions of the proposed

rule. Of those 5 commenters, 3 commenters had concerns about the

proposed importation of papayas from Brazil. Upon further review and

consideration of this issue, we are taking final action at this time on

all portions of our March 27, 1997, proposed rule except the portion

concerning papayas from Brazil. APHIS Docket No. 96-046-2 in this

edition of the Federal Register seeks comment on our proposal to

require a hot water treatment and require that certain actions be taken

if fruit fly captures reach certain levels in the papaya production

areas for the importation of papayas from both Brazil and Costa Rica.

The proposal also seeks comment on any other issues involving the

importation of papayas from Brazil.

[[Page 50232]]

The comments we have already received that raised concerns about

actions other than the proposed importation of papayas from Brazil are

discussed below.

Comment: Although the proposed rule mentions the risk associated

with the introduction of injurious exotic insect pests and proposes

criteria to prevent their movement into the United States with imported

fruits and vegetables, the proposed rule does not refer to the possible

introduction of exotic fungal, bacterial, and viral strains.

Response: The pest risk analysis prepared for each fruit or

vegetable proposed for importation into the United States considers all

of the injurious plant pests that might be associated with that fruit

or vegetable. The term ``pest'' includes insect pests and all fungal,

bacterial, and viral pathogens for which a plant may be a host. Our

requirements for the importation of each fruit and vegetable covered in

this rule present safeguards that we believe are adequate to prevent

the introduction of all injurious plant pests into the United States.

Comment: More thorough pest risk analyses need to be prepared, and

more thorough inspections need to be administered, to ensure that

injurious plant pests do not enter the United States. Particularly

without more detailed inspections, it is unreasonable to assume that

any injurious plant pests will be, as stated in the proposed rule,

``readily detectable by an inspector.''

Response: All fruits and vegetables imported into the United States

are subject to inspection at the port of entry in the United States by

a U.S. Department of Agriculture (USDA) inspector. The inspector

visually examines shipments for plant pests, or evidence of the

presence of plant pests (for example, holes bored into fruit). When we

say that certain plant pests are ``readily detectable by an

inspector,'' we mean that these pests can be detected upon visual

examination. The level of inspection we provide for a given shipment

takes into account a number of factors, including pest interception

records and the relative risk presented by pests associated with a

particular fruit or vegetable. We believe that our inspections are

conducted in a manner that provides a high degree of assurance that we

will detect plant pests if they are present.

Regarding our pest risk analyses, we believe that the pest risk

analyses we prepare and the safeguards we propose effectively prevent

the introduction of plant pests by the commodities proposed for entry.

Our pest risk analyses follow the guidelines accepted by the United

Nations' Food and Agriculture Organization, International Plant

Protection Convention, and North American Plant Protection Organization

and provide written documentation on the pest risk potential for

organisms that rank high for the likelihood of introduction and

establishment. Pest risk analyses prepared for our proposed rules are

available for public review and comment during the public comment

period for the proposed rules.

Comment: Due to the stem nematode Ditylenchus dispaci, basil from

Guatemala and leeks from Belgium and the Netherlands should be

fumigated in accordance with the same provisions proposed for garlic

from Romania before entering the United States.

Response: Ditylenchus dispaci is widespread in the United States

and, therefore, is not considered an exotic plant pest. It is not

subject to the same stringent measures, such as fumigation, taken to

prevent the introduction of exotic plant pests into the United States.

However, there are certain factors that will mitigate the risk of

Ditylenchus dispaci entering the United States with a shipment of leeks

from Belgium or the Netherlands. Nematodes, including Ditylenchus

dispaci, are found in soil or on the roots of plants; the plant hosts

of nematodes must be planted, or must have a considerable amount of

soil attached, in order for the nematodes to survive. Neither roots nor

soil will be attached to basil imported from Guatemala, and though a

small number of root hairs may be attached to leeks imported from

Belgium or the Netherlands, those leeks will be required, under 7 CFR

330.300, to be cleaned of soil before importation to the United States.

Further, basil from Guatemala and leeks from Belgium and the

Netherlands will be imported into the United States for human

consumption, not propagation.

For all of these reasons, we are not making any changes to the

proposed rule in response to this comment.

Comment: Leeks from Belgium and the Netherlands could introduce

several mites and aphids which may carry several serious pathogens,

including leek yellow stripe potyvirus, shallot latent virus, and white

tip disease, into the United States. Therefore, further consideration

needs to be taken before these leeks are allowed to enter the United

States.

Response: Leek yellow stripe potyvirus and shallot latent virus are

spread by insect vectors, such as mites and aphids, but these viruses

are transmitted in a nonpersistent manner, that is, the virus only

survives in the vector for a few minutes. Therefore, it is unlikely

that a mite or aphid associated with leeks from Belgium or the

Netherlands arriving in the United States would carry an active strain

of either virus.

White tip disease is not transmitted by vectors, so it is unlikely

that a mite or aphid associated with leeks from Belgium or the

Netherlands would introduce this disease into the United States.

Therefore, we are making no changes to the proposed rule in response to

this comment.

Comment: Globodera rostochiensis and Globodera pallida cysts could

infest leeks from both Belgium and the Netherlands, as well as garlic

from Romania. However, these pests are not mentioned in the pest risk

analysis for leeks. Further analysis of the risk associated with these

pests should be completed before the importation of such leeks or

garlic is approved.

Response: Long considered one species, the golden nematode

(Heterodera rostochiensis), also referred to as the potato cyst

nematode, includes in fact two distinct species forming the genus

Globodera: Globodera rostochiensis and Globodera pallida. Golden

nematode, as a collective reference to Globodera rostochiensis and

Globodera pallida, creates cysts on the roots of host crops. These

nematodes are not listed in the pest risk analysis for leeks from

Belgium and the Netherlands or garlic from Romania because Allium spp.

are not host crops for these nematodes.

In addition, as discussed earlier, neither roots nor soil will be

attached to leeks imported from Belgium or the Netherlands, or to

garlic from Romania. Therefore, we do not believe that nematodes of any

species will be associated with these imports. Also, the risk that any

nematode would be introduced and become established in the United

States on imported leeks is minimized by the fact that the leeks are

imported for human consumption, not propagation.

In the unlikely event that golden nematode is associated with a

shipment of leeks from Belgium or the Netherlands or garlic from

Romania, the cysts that this pest creates are readily detectable by

inspection. If, upon inspection, a shipment of leeks from Belgium or

the Netherlands or garlic from Romania is determined to be infested

with golden nematode, the shipment would be destroyed or returned to

its country of origin. Therefore, we are not making any changes to the

proposed rule in response to this comment.

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Comment: In order to limit the introduction into Florida of exotic

pests, such as Retithrips syriacus, that may be associated with peppers

from Israel, APHIS should continue to limit the distribution of peppers

from Israel to the northern United States.

Response: Retithrips syriacus has been established in Florida for

several years; therefore, this pest cannot be considered an exotic

plant pest and is not subject to the same stringent quarantine measures

taken to prevent the introduction of an exotic plant pest into the

United States. As such, neither APHIS nor the State of Florida has

promulgated regulations to restrict the movement of this pest. However,

there is little risk of Retithrips syriacus or other plant pests

entering the United States with a shipment of peppers from Israel's

Arava Valley. In the Arava Valley, Israel, peppers are grown, sorted,

and packaged in insect-proof screenhouses. This production method

effectively controls pest populations in growing, sorting, and

packaging areas and helps ensure that pests are not present in export

shipments of peppers. Therefore, we are not making any changes to the

proposed rule in response to this comment.

Comment: Eggplant is a host of the Mediterranean fruit fly

(Medfly), and Medfly occurs in both Nicaragua and El Salvador. However,

Medfly is not discussed in the pest risk analysis for eggplant from

Nicaragua and El Salvador. The pest risk potential associated with the

importation of eggplant should be determined prior to allowing the

importation of eggplant from these two countries.

Response: Review of the scientific literature reveals that eggplant

is a host of Medfly only when fully ripe and when other Medfly hosts

are not available.

For this reason, we believe that eggplant imported from Nicaragua

or El Salvador presents a relatively low risk of harboring Medfly.

However, to further reduce the risk of Medfly associated with eggplant

imported from Nicaragua and El Salvador, we are allowing only

commercial shipments of eggplant from these countries to enter the

United States. Commercial shipments, as defined in Sec. 319.56-1, are

shipments of fruits and vegetables that an inspector identifies as

having been produced for sale and distribution in mass markets. Such

identification is based on a variety of indicators, including, but not

limited to: quantity of produce, type of packaging, identification of

grower or packing house on the packaging, and documents consigning the

shipment to a wholesaler or retailer.

Eggplant produced for sale and distribution in mass markets is

harvested at a stage of development when susceptibility to Medfly

infestation is unlikely. Conversely, wild or ``backyard'' produce,

including eggplant, is generally grown and handled under very different

conditions than commercially-produced fruits and vegetables (e.g., wild

or backyard produce usually involves different varieties of produce and

different cultivating techniques, little or no pest control, and a lack

of sanitary controls during growing and packing, such as removal and

destruction of overripe and damaged fruit). As a result, there is

reason to believe that wild or backyard produce presents a greater pest

risk than commercially produced fruits and vegetables. This rule will

not allow eggplant grown under these conditions to be imported into the

United States.

Comment: In the pest risk analysis for eggplant from Nicaragua and

El Salvador, APHIS states that it has not determined the pest risk

potential for Faustinius spp., insect pests that may be carried into

the United States with the eggplant. This pest risk needs to be

determined, and if necessary additional mitigation measures taken,

before eggplant from Nicaragua or El Salvador is allowed entry into the

United States.

Response: Because we are limiting imports of eggplant to commercial

shipments, as discussed above, we expect the measures taken by

commercial growers in Nicaragua and El Salvador to prevent the

introduction of injurious plant pests, including Faustinius spp., into

the United States. However, there are other factors that help mitigate

the risk of the introduction of Faustinius spp. into the United States.

Larvae of the Faustinius spp. bore into the shoots and stems of

eggplant to pupate and are only very occasionally associated with the

fruit of eggplant. Because Sec. 319.56-2(a) of the regulations requires

all importation of fruits and vegetables to be free of plants or

portions of plants, all but a very small portion of an eggplant's stem

is removed prior to shipment to the United States. Therefore, we do not

expect Faustinius spp. to be associated with eggplant from Nicaragua or

El Salvador.

Certain species of Faustinius are established in areas of the

United States, and these species are therefore not considered exotic

pests and are not subject to the same stringent quarantine measures

taken to prevent the introduction of an exotic plant pest into the

United States. However, at the U.S. port of entry inspection, the holes

created by the larvae in the stems or fruit of any eggplant infested

with Faustinius would be readily detectable, and an infested shipment

of eggplant would not be released until APHIS personnel have identified

the pests within the shipment. If a shipment of eggplant from Nicaragua

or El Salvador is determined to be infested by an exotic species of

Faustinius, the shipment would be destroyed or returned to its country

of origin. Therefore, we are making no changes to the proposed rule in

response to this comment.

Miscellaneous

We are not revising the incorporation by reference of the Plant

Protection and Quarantine Treatment Manual at Sec. 300.1 of the

regulations, as we proposed, because the treatment schedule for the

methyl bromide fumigation of garlic borer (Brachycerus spp.) and garlic

moth (Dyspessa ulula [Bkh.]) will not change. The countries from which

garlic may be exported to the United States, including Romania, are

only listed in Sec. 319.56-2g of the regulations; the PPQ Treatment

Manual does not list those eligible countries and therefore does not

require revision.

We are also making several nonsubstantive editorial changes to the

regulations for clarity and consistency.

Therefore, based on the rationale presented in our proposed rule

and in this document, we are adopting the provisions of the proposed

rule, with exception of the proposed importation of papayas from

Brazil, as a final rule with the changes described 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. 604, we have performed a Final

Regulatory Flexibility Analysis, set forth below,

[[Page 50234]]

regarding the economic impact of this rule on small entities. Based on

the information we have, there is no basis to conclude that this rule

will result in any significant economic impact on a substantial number

of small entities.

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

U.S.C. 150dd, 150ee, 150ff, 151-165, and 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.

Our 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 analyses 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, are 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 are required to undergo mandatory treatment for injurious

plant pests as a condition of entry, or to meet other special

conditions. This action provides 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.

Availability of Data

For many of the commodities made eligible for importation into the

United States by this document, data on the levels of production and

the anticipated import volume is unavailable for a number of reasons.

First, many of these commodities are not produced in significant

quantities either in the United States or in the country that would be

exporting the commodity to the United States; generally, less

statistical data is collected--and therefore available--for commodities

produced in small quantities when compared to a country's more heavily-

produced commodities. Second, some of these commodities do not appear

to be produced in the United States at all; therefore, data on the U.S.

production and export levels for those commodities does not exist.

Finally, estimates of potential exports of commodities from foreign

countries to the United States are often difficult to obtain, due in

part to the uncertainty surrounding the cost and availability of

transportation and the demand for the commodity in the United States.

Leeks from Belgium

No information is available on U.S. production of leeks. Data is

available, however, on U.S. exports and imports of the commodity. In

1995, the United States imported 2,764 metric tons of leeks, an

increase over the 1993 and 1994 levels (2,328 metric tons and 2,042

metric tons, respectively). In 1995, the United States exported 3,279

metric tons of leeks, also an increase over the 1993 and 1994 levels

(2,519 metric tons and 2,708 metric tons, respectively).

The fact that the United States exports leeks suggests that the

commodity is produced in the United States. However, the volume of

exports suggests that the level of production is low relative to other,

more popular vegetables.

Data on the number or size of leek producers in the United States

is not available. However, since most U.S. vegetable and melon farms

are small by Small Business Administration (SBA) standards, it is very

likely that the U.S. farms that produce leeks are also small.

Data on the volume of potential exports of leeks from Belgium to

the United States is not available.

Radicchio from Ecuador

Data on radicchio production for the entire United States is not

available. However, production data is available for the State of

California, where most, if not all, of U.S. radicchio is produced. In

1994, California produced 7,040 metric tons of radicchio, an increase

over the State's 1993 volume of 6,387 metric tons. California's 1994

production had a value of $7.7 million. No information on U.S. (or

California) trade in radicchio is available.

Data on the number or size of radicchio producers in the United

States (or California) is not available. However, since most U.S.

vegetable and melon farms are considered small by SBA standards, it is

very likely that the U.S. farms that produce radicchio are also small.

Information on Ecuador's production and export of radicchio,

including potential exports to the United States, is not available.

Eggplant from El Salvador

In 1995, the United States produced 28,710 metric tons of eggplant,

with a value of $16.2 million. In 1993 and 1994, domestic production

levels were 34,160 metric tons and 35,380 metric tons, respectively.

U.S. production has been supplemented by a steadily growing level of

eggplant imports, 18,154 metric tons in 1993, 21,302 metric tons in

1994, and 24,946 metric tons in 1995. The United States is a net

importer of eggplant, as exports of the commodity from the United

States did not exceed 9,090 metric tons in any of the years between

1993 and 1995.

In 1992, the latest year for which data is available, eggplant was

produced at 2,203 farms in the United States. It is not known how many

of these farms are considered small entities under SBA standards, since

information as to their size is not available. However, most are

probably small, since most vegetable and melon farms in the United

States are small.

Data on the volume of eggplant production in El Salvador is not

available. Data on the volume of potential exports of eggplant from El

Salvador to the United States is also not available.

Basil and Dill from Guatemala

Information on U.S. production and exportation of basil is not

available, but indicators suggest that basil is not grown commercially

in significant quantities in the United States. In 1995, the United

States imported 3,404 metric tons of basil with a value of $4.9

million. U.S. basil imports in 1994 and 1993 were 3,216 metric tons and

2,449 metric tons, respectively.

Information on U.S. production and exportation of dill is not

available, but indicators suggest that dill, like basil, is not grown

commercially in significant quantities in the United States. In 1995,

the United States imported 766 metric tons of dill with a value of $1.0

million. U.S. dill imports in 1994 and 1993 were 949 metric tons and

828 metric tons, respectively.

Guatemala currently produces basil and dill for its local market

only. No data is available on the exact level of basil or dill

production in Guatemala,

[[Page 50235]]

but the volume is believed to be very small. Data on the volume of

potential exports of these commodities from Guatemala to the United

States is not available.

Mioga Ginger from Japan

No information is available on U.S. production or exportation of

the flowers, leaves, and stems of mioga ginger. The absence of such

data suggests that commercial production of mioga ginger in the United

States is negligible, at most. Mioga ginger is a spice, and most spices

are not grown commercially in significant quantities in the United

States. Data on U.S. imports of mioga ginger is also not available.

Japan produced 6,638 metric tons of mioga ginger in 1994. No

information is available on the potential volume of exports of this

commodity from Japan to the United States. At the present time, all

mioga ginger produced in Japan is consumed locally; none is exported.

Leeks from the Netherlands

Data on U.S. production and trade of leeks is discussed above under

the heading ``Leeks from Belgium.''

In 1994, the Netherlands produced 102,727 metric tons of leeks, and

its exports of leeks that year totaled 43,764 metric tons. In 1995, the

Netherlands exported 51,062 metric tons of leeks, with just over 50

percent of those exports directed to Germany. Potential exports of

leeks from the Netherlands to the United States could reach 1,000

metric tons annually, depending on such factors as the cost and

availability of air transportation and demand in the United States.

However, as the United States is a net exporter of leeks, it is

doubtful that consumer demand in the United States will encourage a

substantial volume of leek imports from the Netherlands.

Eggplant from Nicaragua

Data on U.S. production and trade of eggplant is discussed above

under the heading ``Eggplant from El Salvador.''

To date, all of the eggplant produced commercially in Nicaragua has

been consumed locally. No data is available, however, on the volume of

eggplant production in Nicaragua. In addition, no data on the volume of

potential exports of eggplant from Nicaragua to the United States is

available. However, relatively small quantities are likely to be

imported. In 1993, for example, Nicaragua produced little or no

eggplant, and its production of all vegetables and melons that year

totaled only 59,000 metric tons. By comparison, U.S. supply

(domestically produced and imported) of eggplant alone in 1993 totaled

52,314 metric tons, just slightly less than Nicaragua's entire

vegetable and melon production that year.

Radicchio from Nicaragua

Data on the production of radicchio in California is discussed

above under the heading ``Radicchio from Ecuador.''

Nicaragua currently produces radicchio for its local market. No

data is available on the exact volume of radicchio production in

Nicaragua, but the volume is believed to be very small. Data on the

volume of potential exports of radicchio from Nicaragua to the United

States is also not available.

Garlic from Romania

In 1995, the United States produced 232,010 metric tons of fresh

garlic, valued at $179.8 million. In 1993 and 1994, domestic production

levels were 188,690 metric tons and 208,200 metric tons, respectively.

While U.S. production has been growing rapidly, U.S. imports of garlic

have steadily declined, 39,381 metric tons in 1993, 21,705 metric tons

in 1994, and 18,594 metric tons in 1995. U.S. exports of the commodity

have also steadily declined, from 11,274 metric tons in 1993 to 7,659

metric tons in 1995.

In 1992, garlic was produced at 619 U.S. farms. It is not known how

many of these farms are considered small entities under SBA standards,

since information as to their size is not available. However, most are

probably small, since most vegetable and melon farms in the United

States are small.

In 1995, Romania produced 58,000 metric tons of garlic, an increase

over the country's 1994 and 1993 production levels (56,400 metric tons

and 48,900 metric tons, respectively). In 1996, Romanian garlic

production is estimated to have fallen to approximately 50,000 metric

tons, due to unfavorable weather conditions. Data on the volume of

potential exports of garlic from Romania to the United States is not

available. However, trade sources within Romania indicate that the

prospects for future exports to the United States are reduced, owing to

both the high price and low quality of Romanian garlic.

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.

The information collection requirements contained in this rule,

which were described in the proposed rule, have been submitted for

approval to the Office of Management and Budget.

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 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.

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

submitted for approval to the Office of Management and Budget (OMB).

When OMB notifies us of its decision, we will publish a document in the

Federal Register providing notice of the assigned OMB control number

or, if approval is denied, providing notice of what action we plan to

take.

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 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

1. The authority citation for part 319 continues to read as

follows:

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

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

Sec. 319.56-2 [Amended]

2. In Sec. 319.56-2, paragraph (j) is amended by removing the words

``except Arica, Iquique, and Parinacota''.

3. In Sec. 319.56-2g, paragraph (a) is revised to read as follows:

Sec. 319.56-2g Administrative instructions prescribing method of

treatment of garlic from specified countries.

(a) Except as otherwise provided in these administrative

instructions, fumigation with methyl bromide in

[[Page 50236]]

vacuum fumigation chambers, in accordance with the Plant Protection and

Quarantine Treatment Manual, which is incorporated by reference at

Sec. 300.1 of this chapter, is a condition of entry under permit for

all shipments of garlic (Allium sativum) from Algeria, Armenia,

Austria, Azerbaijan, Czech Republic, Egypt, Estonia, France, Georgia,

Germany, Greece, Hungary, Iran, Israel, Italy, Latvia, Lithuania,

Moldova, Morocco, Portugal, Romania, the area of the Russian Federation

west of the Ural Mountains, Slovakia, South Africa (Republic of),

Spain, Switzerland, Syria, Turkey, Ukraine, and the area of the former

Yugoslavia. Fumigation is to be carried out under the supervision of a

plant quarantine inspector and at the expense of the importer. While it

is believed that the garlic will be unaffected by the fumigation, the

treatment will be at the importer's risk. Such entry will be limited to

ports named in the permits, where approved facilities for vacuum

fumigation with methyl bromide are available.

* * * * *

Sec. 319.56-2r [Amended]

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

words ``, and West Germany'', by adding the word ``Germany,''

immediately following the word ``France'', and by adding the word

``and'' immediately following the word ``Sweden,''.

5. In Sec. 319.56-2t, the table is amended by adding, in

alphabetical order, the following entries:

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

entry of certain fruits and vegetables.

* * * * *

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

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

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

* * * * * *

*

Belgium........................ Leek................... Allium spp.................. Whole plant. (Must be

accompanied by a

phytosanitary

certificate issued by

the Ministry of

Agriculture of Belgium

stating that the leek

is apparently free of

Acrolepiopsis

assectella.)

* * * * * *

*

Ecuador

* * * * * *

*

Radicchio.............. Cichorium spp............... Above ground parts.

El Salvador

* * * * * *

*

Eggplant............... Solanum melongena........... Fruit, commercial

shipments only.

* * * * * *

*

Guatemala

* * * * * *

*

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

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

* * * * * *

*

Japan.......................... Mioga Ginger........... Zingiber mioga.............. Above ground parts.

* * * * * *

*

Netherlands.................... Leek................... Allium spp.................. Whole plant. (Must be

accompanied by a

phytosanitary

certificate issued by

the Ministry of

Agriculture of The

Netherlands stating

that the leek is

apparently free of

Acrolepiopsis

assectella.)

* * * * * *

*

Nicaragua

* * * * * *

*

Eggplant............... Solanum melongena........... Fruit, commercial

shipments only.

Radicchio.............. Cichorium spp............... Above ground parts.

* * * * * *

*

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

* * * * *

Sec. 319.56-2u [Amended]

6. Section 319.56-2u is amended as follows:

a. In paragraph (b)(1), by removing the words ``in the Paran region

of''.

b. In paragraph (b)(2), by removing the word ``Paran'' and by

adding in its place the words ``the Arava Valley''.

c. By removing paragraph (b)(6) and redesignating paragraphs (b)(7)

through (b)(9) as paragraphs (b)(6) through (b)(8), respectively.

d. In newly designated paragraph (b)(6), by removing the word

``Paran'' and by adding in its place the words ``the Arava Valley''.

e. In newly designated paragraph (b)(7), by removing the word

``Paran'' and by adding in its place the words ``the Arava Valley''.

7. Section 319.56-2w is revised to read as follows:

[[Page 50237]]

Sec. 319.56-2w Administrative instruction; conditions governing the

entry of papayas from Costa Rica.

The Solo type of papaya may be imported into the continental United

States, Alaska, Puerto Rico, and the U.S. Virgin Islands from the

provinces of Guanacaste, San Jose, and Puntarenas, Costa Rica, only

under the following conditions:

(a) The papayas were grown and packed for shipment to the United

States in the provinces of Guanacaste, San Jose, and Puntarenas, Costa

Rica.

(b) Beginning at least 30 days before harvest began and continuing

through the completion of harvest, all trees in the field where the

papayas were grown were kept free of papayas that were \1/2\ or more

ripe (more than \1/4\ of the shell surface yellow), and all culled and

fallen fruits were removed from the field at least twice a week.

(c) When packed, the papayas were less than \1/2\ ripe (the shell

surface was no more than \1/4\ yellow, surrounded by light green), and

appeared to be free of all injurious insect pests.

(d) The papayas were packed in an enclosed container or under cover

so as to prevent access by fruit flies and other injurious insect

pests, and were not packed with any other fruit, including papayas not

qualified for importation into the United States.

(e) All activities described in paragraphs (a) through (d) of this

section were carried out under the general supervision and direction of

plant health officials of the national Ministry of Agriculture.

(f) Beginning at least 1 year before harvest begins and continuing

through the completion of harvest, fruit fly traps were maintained in

the field where the papayas were grown. The traps were placed at a rate

of 1 trap per hectare and were checked for fruit flies at least once

weekly by plant health officials of the national Ministry of

Agriculture. Fifty percent of the traps were of the McPhail type, and

fifty percent of the traps were of the Jackson type. The national

Ministry of Agriculture kept records of fruit fly finds for each trap,

updated the records each time the traps were checked, and made the

records available to APHIS inspectors upon request. The records were

maintained for at least 1 year.

(g) All shipments must be accompanied by a phytosanitary

certificate issued by the national Ministry of Agriculture stating that

the papayas were grown, packed, and shipped in accordance with the

provisions of this section.

Done in Washington, DC, this 22nd day of September 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-25488 Filed 9-24-97; 8:45 am]

BILLING CODE 3410-34-P