Importation of Fruits and Vegetables

SUMMARY: We are proposing to allow a number of previously prohibited

fruits and vegetables to be imported into the United States from

certain parts of the world. All of the fruits and vegetables, as a

condition of entry, would be subject to inspection, disinfection, or

both, at the port of first arrival as may be required by a U.S.

Department of Agriculture inspector. In addition, some of the fruits

and vegetables would be required to meet other special conditions. The

removal of these prohibitions would provide the United States with

additional kinds and sources of fruits and vegetables while continuing

to provide protection against the introduction and dissemination of

injurious plant pests by imported fruits and vegetables.

We are also proposing 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 would relieve restrictions while continuing

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

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

before May 27, 1997.

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

Docket No. 96-046-1, 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. 96-046-1. 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. Ronald Campbell, Staff Officer,

Import/Export, 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.

We are proposing to amend the regulations to allow additional

fruits and vegetables to be imported into the United States from

certain parts of the world under specified conditions. The importation

of these fruits and vegetables has been prohibited because of the risk

that the fruits and vegetables could introduce fruit flies or other

injurious plant pests into the United States. We are proposing to allow

these importations at the request of various importers and foreign

ministries of agriculture, and after conducting pest risk analyses

1 that indicate the fruits or vegetables can be imported under

certain conditions without significant pest risk.

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\1\ Information on these pest risk analyses and any other pest

risk analysis referred to in this document may be obtained by

writing to the person listed under FOR FURTHER INFORMATION CONTACT

or by calling the Plant Protection and Quarantine (PPQ) fax vault at

301-734-3560.

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All of the fruits and vegetables included in this document would be

subject to the requirements in Sec. 319.56-6 of the regulations.

Section 319.56-6 provides, among other things, that all imported fruits

and vegetables, as a condition of entry, shall be subject to

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

be required by a U.S. Department of Agriculture (USDA) inspector to

detect and eliminate plant pests. Section 319.56-6 also provides that

any shipment of fruits and vegetables may be refused entry if the

shipment is infested with fruit flies or other injurious plant pests

and an inspector determines that it cannot be cleaned by disinfection

or treatment.

Some of the fruits and vegetables proposed for importation would be

required to meet other special conditions. The proposed conditions of

entry, which are discussed in greater detail below, appear adequate to

prevent the introduction and dissemination of fruit flies and other

injurious plant pests by the importation of fruits and vegetables from

certain foreign countries and localities into the United States.

Subject to Inspection and Treatment Upon Arrival

We are proposing to allow the following fruits and vegetables to be

imported into the United States from the country or locality indicated

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

of the regulations:

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

Country/Locality Common Name Botanical Name Plant Part(s)

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

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

El Salvador................... Eggplant.............. Solanum melongena..... Fruit.

Guatemala..................... Basil................. Ocimum basilicum...... Above ground parts.

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

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

Nicaragua..................... Eggplant.............. Solanum melongena..... Fruit.

[[Page 14038]]

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

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

Pest risk analyses conducted by the Animal and Plant Health

Inspection Service (APHIS) have shown that the fruit and vegetables

listed above are not attacked by fruit flies or other injurious plant

pests, either because they are not hosts to the pests or because the

pests are not present in the country or locality of origin. In

addition, we have determined that any other injurious plant pests that

might be carried by any of the listed fruit or vegetables would be

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

Sec. 319.56-6 concerning inspection, disinfection, or both, at the port

of first arrival, appear adequate to prevent the introduction into the

United States of fruit flies or other injurious plant pests by the

importation of these fruits and vegetables.

Subject to Inspection and Treatment Upon Arrival; Additional

Conditions

We would allow the following fruits and vegetables to be imported

into the United States from the countries indicated subject to the

prescribed conditions and in accordance with Sec. 319.56-6 and all

other applicable requirements of the regulations:

Leeks From Belgium and the Netherlands

We are proposing to allow leeks (Allium spp.) from Belgium and The

Netherlands to be imported into the United States if the leeks are

accompanied by a phytosanitary certificate issued by the Ministry of

Agriculture of the country of production (either Belgium or The

Netherlands). The phytosanitary certificate must state that the leeks

are apparently free from Acrolepiopsis assectella, commonly known as

leek moth. This certification would ensure that, prior to departure for

the United States, a thorough phytosanitary inspection of the leeks was

performed and no leek moths were found in the shipment.

Papaya From Brazil

We are proposing to allow solo type papayas (Carica papaya) from

Brazil to be imported into the United States if the fruit is grown in

the State of Espirito Santo and if the fruit has been grown, packed,

and shipped in accordance with certain phytosanitary conditions.

Because papayas can be hosts of several serious plant pests,

including the Mediterranean fruit fly (Ceritatis capitata) (Medfly) and

the South American fruit fly (Anastrepha fraterculus), we would require

that papayas intended for importation into the United States from the

State of Espirito Santo, Brazil, be subject to certain special

conditions. The proposed special conditions outlined below for the

importation of papaya from Brazil are based on the provisions in

Sec. 319.56-2w of the regulations for papaya from Costa Rica and on the

proposed changes to those provisions located under the heading ``Papaya

from Costa Rica'' in this document. The conditions would read as

follows:

1. The papayas were grown and packed for shipment to the United

States in the State of Espirito Santo.

This condition would ensure that papayas intended for the United

States would only be grown and packed in Espirito Santo. The State of

Espirito Santo is currently the only papaya production and packing area

in Brazil where fruit fly traps are maintained and where the other

elements of the systems approach described below are in place.

2. Beginning at least 30 days before harvest began and continuing

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

papayas were grown were kept free of papayas that were one-half or more

ripe (more than one-quarter of shell surface yellow), and all culled

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

Papayas that are one-half or more ripe, as well as culled or fallen

papayas, could serve as host material for Medfly and South American

fruit fly. Therefore, this condition would greatly reduce the risk that

Medfly or South American fruit fly would be attracted to the fields

where papayas intended for importation into the United States are

grown.

3. When packed, the papayas were less than one-half ripe (shell

surface no more than one-quarter yellow, surrounded by light green) and

appeared to be free of all injurious plant pests.

This condition would also reduce the risk of introduction of Medfly

or South American fruit fly, as well as other injurious plant pests,

into the United States. Papayas themselves are not a preferred host for

these fruit flies, and papayas that are less than one-half ripe pose

very little risk of attracting Medfly or South American fruit fly.

4. The papayas were packaged so as to prevent access by fruit flies

or other injurious plant pests, and the package does not contain any

other fruit, including papayas not qualified for importation into the

United States.

This condition would ensure that papayas that have already been

inspected and packaged for shipment to the United States would not be

at risk for fruit fly infestation.

5. All activities described in provisions 1 through 4 above were

carried out under the general supervision and direction of plant health

officials of the national Ministry of Agriculture.

The supervision of the Brazilian Ministry of Agriculture would help

ensure that all of the activities required by the regulations were

properly carried out.

6. Beginning at least 1 year before harvest began 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 the

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

once a week by plant health officials of the national Ministry of

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

50 percent of the traps were of the Jackson type. The national Ministry

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

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

records available to APHIS upon request. The records were maintained

for at least 1 year.

This condition would ensure that the earliest possible detection of

the presence of fruit flies in and around fields where papayas are

grown can be made. If a fruit fly is trapped, the Brazilian Ministry of

Agriculture would increase the trap density in the area and, if more

fruit flies are found, begin malathion bait sprays. This condition

would also allow APHIS to monitor the trapping records of the area for

a 1-year period.

7. All shipments of papayas 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.

This condition would help ensure that the provisions of the

regulations have been met.

We believe that the provisions of Sec. 319.56-6 and all other

applicable requirements, as well as the proposed special conditions,

would be sufficient

[[Page 14039]]

to prevent the introduction of leek moths and fruit flies into the

United States. Pest risk analyses conducted by APHIS have determined

that injurious plant pests other than those mentioned that might be

carried by the leek or papaya would be readily detectable by a USDA

inspector. As noted, the leek and papaya would be subject to

inspection, disinfection, or both, at the port of first arrival, in

accordance with Sec. 319.56-6.

Garlic From Romania

Section 319.56-2g lists countries from which garlic may be imported

into the United States. We are proposing to amend Sec. 319.56-2g to

allow garlic to be imported from Romania into the United States if it

has been fumigated with methyl bromide, according to the treatment

schedule set forth below. Garlic is attacked by the garlic borer

(Brachycerus spp.) and the garlic moth (Dyspessa ulula [Bkh.]) in

Romania. Visual inspection cannot be relied upon to detect these

insects. However, the garlic can be treated as follows to destroy these

injurious plant pests:

32 g/m3 (2 lbs/1000 ft3) for 1\1/2\ hours at 37 deg.C or

above (90 deg.F or above); or

32 g/m3 (2 lbs/1000 ft3) for 2 hours at 26.5-31.5 deg.C

(80-89 deg.F); or

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

79 deg.F); or

48 g/m3 (3 lbs/1000 ft3) for 2 hours at 15.5-20.5 deg.C

(60-69 deg.F); or

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

59 deg.F); or

48 g/m3 (3 lbs/1000 ft3) for 4 hours at 4.5-9.5 deg.C

(40-49 deg.F)

The treatments described above have been determined to be effective

against the specified insects. This determination is based on research

evaluated and approved by the Department. A bibliography and additional

information on this research may be obtained from APHIS by writing to

the Oxford Methods Development Center, 901 Hillsboro St., Oxford, NC

27555.

Pest risk analyses conducted by APHIS have determined that any

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

be readily detectable by a USDA inspector. As noted, the garlic would

be subject to inspection, disinfection, or both, at the port of first

arrival, in accordance with Sec. 319.56-6.

Currently, Sec. 319.56-2g sets out the treatment schedule shown

above. We are proposing to remove this schedule from the regulations,

and, instead refer readers to the Plant Protection and Quarantine

Treatment Manual (PPQ Treatment Manual), which is incorporated into the

regulations by reference at 7 CFR 300.1. This will eliminate

unnecessary duplication of treatment provisions. We would also update

the PPQ Treatment Manual to show that the treatment schedule shown

above is approved for garlic from Romania.

Peppers From Israel

The regulations at Sec. 319.56-2u(b) allow peppers from the Paran

region of the Arava Valley in Israel to be imported into the United

States under certain conditions. Based on trapping data 2 from the

agricultural production areas of the Arava Valley, we are proposing to

extend the production area where peppers may be grown for importation

into the United States to include all of the Arava Valley. All of the

current conditions for importation under Sec. 319.56-2u(b) for peppers

from the Paran region would apply to the entire Arava Valley; the

peppers, among other things, would have to be grown in insect-proof

plastic screenhouses, sorted and packed in insect-proof screenhouses,

and transported in fruit fly-proof containers. Additionally, malathion

bait spray treatments would have to be applied to residential areas in

the Arava Valley at 6- to 10-day intervals beginning not less than 30

days before the harvest of backyard fruit fly host material in

residential areas and continuing through the harvest. The Israeli

Department of Plant Protection and Inspection would also conduct

trapping for Medfly throughout the agricultural production areas of the

Arava Valley, Israel, and if a single Medfly is captured in a

screenhouse, exports from that screenhouse would immediately be

cancelled until the source of the infestation is delimited, trap

density is increased, pesticide sprays are applied, or other measures

acceptable to APHIS are taken to prevent further occurrences. Further,

signs in English and Hebrew must be posted along Arava Highway 90

stating that discarding fruits and vegetables from passing vehicles is

prohibited. Accordingly, we propose to amend Sec. 319.56-2u(b) to

extend the production area in the Arava Valley, Israel, where peppers

may be grown for importation into the United States to include all of

the Arava Valley.

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\2\ Information on this trapping data may be obtained by writing

to the person listed under FOR FURTHER INFORMATION CONTACT.

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In accordance with Sec. 319.56-2u(b)(6), peppers imported into the

United States from the Paran region of the Arava Valley, Israel, may

not be distributed outside of the following States: Connecticut, the

District of Columbia, Delaware, Iowa, Illinois, Indiana, Massachusetts,

Maryland, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New

York, Ohio, Pennsylvania, Rhode Island, Vermont, Wisconsin, or West

Virginia. We are proposing to amend Sec. 319.56-2u(b)(6) to eliminate

the distribution restrictions on peppers from the Arava Valley, Israel.

As peppers from the Arava Valley must be grown, harvested, and packed

under the conditions described in the preceding paragraph, the

distribution restrictions were imposed as an additional, final

precaution against the introduction of Medfly into the United States.

We are proposing to eliminate these distribution requirements because

there have been no Medfly interceptions in the area of production in

the Arava Valley. We believe that this demonstrates that the growing,

harvesting, and packing conditions imposed on the importation into the

United States of peppers from the Arava Valley, Israel, are dependable

in preventing the introduction of Medfly into the United States.

Therefore, we conclude that restricting the distribution of peppers

from the Arava Valley in the United States is unnecessary.

Papayas From Costa Rica

The regulations at Sec. 319.56-2w allow papayas from Costa Rica to

be imported into the United States under certain conditions. One of the

conditions is that an APHIS inspector in Costa Rica certify that

specified growing, packing, and trapping requirements have been met. We

are proposing to allow the Costa Rican Ministry of Agriculture (MAG) to

make this certification. We are proposing this change because of the

success of the joint effort between the Costa Rican MAG and APHIS in

the Costa Rican papaya program. Since the inception of the papaya

program in Costa Rica, no fruit fly larvae or adult flies have been

intercepted in either the preclearance program in Costa Rica or at the

port of entry in the United States. We believe that this demonstrates

that the growing, harvesting, and trapping conditions governing the

entry into the United States of the papayas (see Sec. 319.56-2w) are

dependable in preventing the introduction of fruit flies into the

United States and that the Costa Rican MAG is committed to, familiar

with, and capable of sole oversight of the papaya program in Costa

Rica. Therefore, we are proposing that the Costa Rican MAG would

oversee the program as stated in Sec. 319.56-2w. All shipments of

papayas from Costa Rica would have to be accompanied by a phytosanitary

certificate signed by a

[[Page 14040]]

MAG official stating that the conditions of 7 CFR 319.56-2w have been

met.

In conjunction with this change, we are proposing to eliminate the

trust fund agreement requirements contained in Sec. 319.56-2w(a) of the

regulations. Currently a trust fund must be mainatined to pay for

services that APHIS provides in the inspection and certification of

shipments of Costa Rican papayas bound for the United States.

Medfly-Free Areas of Chile

The regulations at Sec. 319.56-2(j) provide that all of the

provinces of Chile, except for the Provinces of Arica, Iquique, and

Parinacota, have been determined to be free of Medfly. We are proposing

to declare all of the provinces of Chile, including Arica, Iquique, and

Parinacota, free of Medfly. Recently, Chile provided APHIS with the

trapping data, including the protocol and results of fruit sampling,

sterile fly release, and bait spray applications, that demonstrates

that the provinces of Arica, Iquique, and Parinacota meet the criteria

for a Medfly-free area. Accordingly, we would amend Sec. 319.56-2(j) to

state that all of the provinces of Chile are considered free of Medfly.

Lastly, we are proposing to make minor editorial changes to

Sec. 319.56-2r(a)(1) and Sec. 319.56-2g(a)(1) to correct out-of-date

references to countries or locations.

Use of Methyl Bromide

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

presented in this proposal as an alternative to a phytosanitary

inspection that determines that shipments of garlic from Romania are

apparently free of living stages of Brachycerus spp. and Dyspessa ulula

(Bkh.). The environmental effects of using methyl bromide, however, are

being scrutinized by international, Federal, and State agencies. The

U.S. Environmental Protection Agency (EPA), based on its evaluation of

data concerning the ozone depletion potential of methyl bromide,

published a notice of final rulemaking in the Federal Register on

December 10, 1993 (58 FR 65018-65082). That rulemaking freezes methyl

bromide production in the United States at 1991 levels and requires the

phasing out of domestic use of methyl bromide by the year 2001. APHIS

is studying the effectiveness and environmental acceptability of

alternative treatments to prepare for the eventual unavailability of

methyl bromide fumigation. Our current proposal assumes the continued

availability of methyl bromide for use as a fumigant for at least the

next few years.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for 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. 603, we have performed an Initial

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

impact of this proposed rule on small entities. Based on the

information we have, there is no basis to conclude that adoption of

this proposed rule would result in any significant economic impact on a

substantial number of 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 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 proposed rule would amend the regulations governing the

importation of fruits and vegetables by allowing a number of previously

prohibited fruits and vegetables to be imported into the United States

from certain foreign countries and localities under specified

conditions. The importation of these fruits and vegetables has been

prohibited because of the risk that they could introduce injurious

plant pests into the United States.

Our proposal 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 proposed rule could, under certain

conditions, be imported into the United States without significant pest

risk. All of the fruits and vegetables, as a condition of entry, would

be subject to inspection, disinfection, or both, at the port of first

arrival as may be required by a USDA inspector. In addition, some of

the fruits and vegetables would be required to undergo mandatory

treatment for injurious plant pests as a condition of entry, or to meet

other special conditions. This action would provide the United States

with additional kinds and sources of fruits and vegetables while

continuing to provide protection against the introduction into the

United States of injurious plant pests by imported fruits and

vegetables.

Availability of Data

For many of the commodities proposed for importation into the

United States in 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.

[[Page 14041]]

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

the United States is not available.

Papaya From Brazil

In 1995, the United States produced 23,042 metric tons (fresh

equivalent) of papaya for human consumption, valued at $18.5 million.

In 1993 and 1994, the United States produced 28,939 metric tons and

28,123 metric tons, respectively, of papaya for human consumption.

Imports into the United States of fresh papaya have grown rapidly,

to the point where imports now exceed U.S. production levels of papaya

for human consumption. In 1995, the United States imported 33,288

metric tons of fresh papaya, a significant increase over the 1993 and

1994 levels (14,198 metric tons and 18,677 metric tons, respectively).

The increase in U.S. imports of fresh papaya since 1993 is due almost

entirely to increased shipments from Mexico, the source of most U.S.

papaya imports. The United States is a net importer of fresh papaya, as

exports of the commodity from the United States did not exceed 8,293

metric tons in any of the years between 1993 and 1995.

In 1992, papaya was produced at 519 farms in the United States. It

is not known how many of those farms are considered small entities

under SBA standards, since information on their sizes is not available.

However, most are probably small, since most U.S. farms whose revenues

are derived primarily from the sale of fruits and tree nuts are

considered small.

In 1993, Brazil was the world's largest producer of papaya. In that

year, Brazil produced an estimated 1,750,000 metric tons of papaya,

30.1 percent of the world's total. No data is available, however, on

the volume of potential exports of this commodity from Brazil to the

United States.

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, 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.

Leek 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.

[[Page 14042]]

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 proposed 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 proposed rule would allow certain fruits and vegetables to be

imported into the United States from certain parts of the world. If

this proposed rule is adopted, State and local laws and regulations

regarding the importation of fruits and vegetables under this rule

would be preempted while the fruits and vegetables are in foreign

commerce. Fresh fruits and vegetables are generally imported for

immediate distribution and sale to the consuming public, and would

remain in foreign commerce until sold to the ultimate consumer. The

question of when foreign commerce ceases in other cases must be

addressed on a case-by-case basis. If this proposed rule is adopted, no

retroactive effect will be given to this rule, and this rule will not

require administrative proceedings before parties may file suit in

court challenging this rule.

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 proposed rule have been

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

Please send written comments to the Office of Information and

Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,

DC 20503. Please state that your comments refer to Docket No. 96-046-1.

Please send a copy of your comments to: (1) Docket No. 96-046-1,

Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,

OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,

Washington, DC 20250. A comment to OMB is best assured of having its

full effect if OMB receives it within 30 days of publication of this

proposed rule.

The paperwork associated with the importation of the fruits and

vegetables named in this document would include the completion of

phytosanitary certificates and fruit fly monitoring records. We are

soliciting comments from the public (as well as affected agencies)

concerning our information collection and recordkeeping requirements.

We need this outside input to help us:

(1) Evaluate whether the proposed information collection is

necessary for the proper performance of our agency's functions,

including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the

proposed information collection, including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to

be collected; and

(4) Minimize the burden of the information collection on those who

are to respond (such as through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses).

Estimate of burden: Public reporting burden for this collection of

information is estimated to average 1.31 hours per response.

Respondents: Foreign plant health protection authorities.

Estimated number of respondents: 50.

Estimated number of responses per respondent: 10.

Estimated total annual burden on respondents: 656 hours.

Copies of this information collection can be obtained from:

Clearance Officer, OIRM, USDA, Room 404-W, 14th Street and Independence

Ave., SW, Washington, DC 20250.

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 proposed to be amended as

follows:

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 would continue to read as

follows:

Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22,

2.80, and 371.2(c).

2. In Sec. 300.1, paragraph (a), the introductory text would be

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 ----------------,

has been approved for incorporation by reference in 7 CFR chapter III

by the Director of the Office of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

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

follows:

[[Page 14043]]

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]

4. In Sec. 319.56-2, paragraph (j) would be amended by removing the

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

5. In Sec. 319.56-2g, paragraph (a) would be revised to read as

follows:

Sec. 319.56-2g Adminstrative instructions prescribing method of

treatment of garlic from specified countries.

(a) Except as otherwise provided in these administrative

instructions, fumigation with methyl bromide in 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]

6. In Sec. 319.56-2r, paragraph (a)(1) would be 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,''.

7. In Sec. 319.56-2t, the table would be 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.

* * * * * * *

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.

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

* * * * * * *

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

Sec. 319.56-2u [Amended]

8. Section 319.56-2u would be 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''

[[Page 14044]]

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''.

9. Section 319.56-2w would be revised to read as follows:

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

entry of papayas from Brazil and 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 State

of Espirito Santo, Brazil, and 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 State of Espirito Santo, Brazil, or 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 packaged so as to prevent access by fruit

flies and other injurious insect pests, and the package does not

contain 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 19th day of March 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-7455 Filed 3-24-97; 8:45 am]

BILLING CODE 3410-34-P