Importation of Fruits and Vegetables

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 97-107-1]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the Fruits and Vegetables

regulations to list a number of fruits and vegetables from certain

parts of the world as eligible, under specified conditions, for

importation into the United States. All of the fruits and vegetables,

as a condition of entry, would be inspected and subject to disinfection

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. This action would

provide the United States with additional kinds and sources of fruits

and vegetables while continuing to provide protection against the

introduction of injurious plant pests by imported fruits and

vegetables.

We are also proposing to declare certain areas in Mexico as fruit

fly-free areas. Those areas would include three municipalities in the

State of Baja California Sur, six municipalities in the State of

Chihuahua, and six municipalities in the State of Sonora. This action

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 August 4, 1998.

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

Docket No. 97-107-1, 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. 97-107-1. 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, Import

Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700

River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-6799; or E-

mail: [email protected].

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 list a number of

fruits and vegetables from certain parts of the world as eligible,

under specified conditions, for importation into the United States. We

are proposing this action 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.

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

\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.

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

All of the fruits and vegetables included in this document would

have to be imported under permit and 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 inspected, and shall be subject to such disinfection

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 so infested with

fruit flies or other injurious plant pests that an inspector determines

that it cannot be cleaned or treated.

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 these fruits and

vegetables.

Subject to Inspection and Treatment Upon Arrival

We are proposing to amend the list in Sec. 319.56-2t to recognize

the following fruits and vegetables as eligible for importation 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.......................... Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

El Salvador...................... Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

[[Page 30647]]

Guatemala........................ Rhubarb.................. Rheum rhabarbarum....... Above ground parts.

Israel........................... Parsley.................. Petroselinum crispum.... Above ground parts.

Mexico........................... Salicornia............... Salicornia spp.......... Above ground parts.

Nicaragua........................ Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

Mint..................... Mentha spp.............. Above ground parts.

Parsley.................. Petroselinum crispum.... Above ground parts.

Rosemary................. Rosmarinus officinalla.. Above ground parts.

Peru............................. Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

Swiss chard.............. Beta vulgaris........... Leaf and stem.

Panama........................... Belgian endive, chicory, Cichorium spp........... Above ground parts.

and endive.

South Africa..................... Pineapple................ Ananas spp.............. Fruit.

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

Pest risk analyses conducted by the Animal and Plant Health

Inspection Service (APHIS) have shown that the fruits 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 fruits or vegetables would be

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

Sec. 319.56-6 concerning inspection and disinfection 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 propose to 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:

Watermelon From Brazil and Cantaloupe, Honeydew Melon, and

Watermelon From Venezuela

We are proposing to allow watermelon from Brazil and cantaloupe,

honeydew melon, and watermelon from Venezuela to be imported into the

United States under the same conditions currently in place for the

importation of cantaloupe and honeydew melon from Brazil (see

Sec. 319.56-2aa). Cantaloupe and honeydew melon from Brazil have been

imported into the United States under the growing, packing, and

labeling conditions described below since 1995 and 1993, respectively,

and we believe these conditions are also adequate to ensure the safe

importation of watermelon from Brazil and cantaloupe, honeydew melon,

and watermelon from Venezuela.

Because cantaloupe, honeydew melon, and watermelon can be hosts of

the South American cucurbit fly (Anastrepha grandis), we would require

that the melons and cantaloupe intended for importation into the United

States from Brazil and Venezuela be subject to certain special

conditions, which are described below. The proposed special conditions

for the importation of these fruits from Brazil and Venezuela are as

follows:

1. The cantaloupe, honeydew melon, and watermelon must have been

grown in the area of Brazil or the area of Venezuela considered by

APHIS to be free of the South American cucurbit fly. The area for

Brazil would remain the same as it is described in Sec. 319.56-2aa of

the regulations for the importation of cantaloupe and honeydew melon

from Brazil: That portion of Brazil bounded on the north by the

Atlantic Ocean; on the east by the River Assu (Acu) from the Atlantic

Ocean to the city of Assu; on the south by Highway BR 304 from the city

of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro to the

Ceara State line; and on the west by the Ceara State line to the

Atlantic Ocean. The area for Venezuela would be the Paraguana

Peninsula, located in the State of Falcon, bounded on the north and

east by the Caribbean Ocean, on the south by the Gulf of Coro and an

imaginary line dividing the autonomous districts of Falcon and Miranda,

and on the west by the Gulf of Venezuela.

This condition would help ensure that the melons and cantaloupe

were grown in an area of Brazil or Venezuela that is free of South

American cucurbit fly and would, therefore, provide protection against

the introduction of that pest into the United States. The areas

described were determined to be free of the South American cucurbit fly

in accordance with Sec. 319.56-2(e)(4) and (f). Paragraph (e)(4) of

Sec. 319.56-2 allows the importation of a fruit or vegetable without

treatment for certain injurious insects that attack it if the fruit or

vegetable is imported from a definite area or district of the country

of origin that is free from those injurious insects, and provided that

all other injurious insects that attack the fruit or vegetable in the

area or district of the country of origin have been eliminated from the

fruit or vegetable by treatment or any other procedures that may be

prescribed by the Administrator. The South American cucurbit fly is the

only insect pest known to attack watermelon in Brazil and cantaloupe,

honeydew melon, and watermelon in Venezuela that is not readily

detectable by inspection. Paragraph (f) of Sec. 319.56-2 contains the

criteria by which the Administrator may designate definite areas or

districts as free from injurious insects.

2. All shipments of cantaloupe, honeydew melon, and watermelon must

be accompanied by a phytosanitary certificate issued either by the

Departmento de Defesa e Inspecao Vegetal (Brazilian Department of Plant

Health and Inspection) or the Servicio Autonomo de Sanidad Agropecuaria

(the plant protection service of Venezuela) that states that the melons

or cantaloupe were grown in an area recognized to be free of the South

American cucurbit fly.

This condition would help ensure that only melons and cantaloupe

grown in areas free of the South American

[[Page 30648]]

cucurbit fly are imported into the United States.

3. Cartons of cantaloupe, honeydew melon, and watermelon must be

packed for shipment in an enclosed shipping container or vehicle, or

must be covered by a pest-proof screen or plastic tarpaulin in a manner

to prevent the entry of pests, while in transit to the United States.

This condition would help ensure that harvested melons and

cantaloupe would not be at risk for infestation by plant pests while en

route to the United States.

4. In accordance with Sec. 319.56-2(g) of the regulations, each

carton of cantaloupe, honeydew melon, and watermelon must be clearly

labeled with the name of the orchard or grove of origin, or the name of

the grower; the name of the municipality and State in which the fruit

was produced; and the type and amount of fruit in the carton.

This information would allow an inspector to readily identify

shipments of melons and cantaloupe from Brazil and Venezuela and to

easily trace those shipments back to their orchard or grove of origin.

Because the conditions described above have proven effective in

preventing the introduction into the United States of South American

cucurbit fly and other plant pests in shipments of cantaloupe and

honeydew melon from Brazil, we believe that they, as well as all other

applicable requirements in Sec. 319.56-6, would also be adequate to

allow the importation of watermelon from Brazil and cantaloupe,

honeydew melon, and watermelon from Venezuela.

Peppers From Spain

We are proposing to allow peppers (Capsicum spp.) from Spain to be

imported into the United States under certain conditions. Because

peppers can be hosts of several serious plant pests, including the

Mediterranean fruit fly (Ceratitis capitata) (Medfly), we would require

that the peppers be grown in registered greenhouses in the Almeria

Province; that the peppers be packed and shipped in accordance with

certain phytosanitary conditions; and that certain fruit fly trapping

requirements are met. These conditions are explained below.

1. The peppers must be grown in the Almeria Province of Spain in

pest-proof greenhouses registered with, and inspected by, the Spanish

Ministry of Agriculture, Fisheries, and Food (MAFF).

This condition would provide protection against the introduction of

plant pests into the United States by ensuring that peppers intended

for importation from Spain would be grown only in pest-proof

greenhouses registered with and inspected by MAFF in Almeria Province.

Trapping records demonstrate that fruit fly population levels in

Almeria Province are low, the area is situated in a region where

environmental conditions are not favorable for reproducing fruit fly

populations, and Almeria Province is prepared to manage pepper

production and packing through the use of registered pest-proof

greenhouses, as well as the other elements of the systems approach

described below.

2. The peppers may be shipped only from December 1 through April

30, inclusive.

This condition would help ensure that peppers from Almeria Province

are shipped to the United States during those months that the Medfly

population in Almeria Province is at its lowest density. Therefore,

this condition would help reduce the risk of Medfly introduction into

the United States.

3. Beginning on October 1, and continuing through April 30, MAFF

must set and maintain Medfly traps baited with trimedlure inside the

greenhouses at a rate of four traps per hectare. In all outside areas,

including urban and residential areas, within 8 kilometers of the

greenhouses, MAFF must set and maintain Medfly traps baited with

trimedlure at a rate of four traps per square kilometer. All traps must

be checked every 7 days.

This condition would ensure the earliest possible detection of the

presence of fruit flies in and around greenhouses where peppers are

grown.

4. Capture of a single Medfly in a registered greenhouse will

immediately halt exports from that greenhouse until APHIS determines

that the source of infestation has been identified, that all Medflies

have been eradicated, and that measures have been taken to preclude any

future infestation. Capture of a single Medfly within 2 kilometers of a

registered greenhouse will require increasing trap density in order to

determine whether there is a reproducing population in the area.

Capture of two Medflies within 2 kilometers of a registered greenhouse

during a 1-month period will halt exports from all registered

greenhouses within 2 kilometers of the capture, until the source of

infestation is determined and all Medflies are eradicated.

This condition would ensure that appropriate measures, including

halting imports of peppers, are taken to prevent the introduction of

fruit flies into the United States with peppers from Spain.

5. The peppers must be safeguarded against fruit fly infestation

from harvest to export. Such safeguarding includes covering newly

harvested peppers with fruit fly-proof mesh screen or plastic tarpaulin

in a manner to prevent the entry of pests, while in transit from the

greenhouse to the packing house and while awaiting packing, and packing

the peppers in fruit fly-proof cartons, or cartons covered with fruit-

fly proof mesh screen or plastic tarpaulin, and placing those cartons

in enclosed shipping containers for transit to the airport and

subsequent shipment to the United States.

This condition would help ensure that harvested peppers would not

be at risk for infestation by fruit flies or other plant pests while en

route to the packing house, during packing, or during shipment to the

United States.

6. The peppers must be packed within 24 hours of harvest.

Because fruit fly host crops become better host material as they

ripen, and because such crops ripen more quickly after they are

harvested, this condition would further reduce the likelihood that

Medfly would attack the fruit before it is packed.

7. During shipment, the peppers may not transit any other fruit

fly-supporting areas unless shipping containers are sealed by MAFF with

an official seal whose number is noted on the phytosanitary

certificate.

This condition would provide additional protection against exposure

of the peppers to fruit flies while the peppers are en route to the

United States.

8. A phytosanitary certificate issued by MAFF and bearing the

following declaration, ``These peppers were grown in registered

greenhouses in Almeria Province in Spain,'' must accompany the

shipment.

This condition would help ensure that peppers from Spain imported

into the United States were grown only in approved locations.

We believe that the proposed conditions described above, as well as

all other applicable requirements in Sec. 319.56-6, would be adequate

to prevent the introduction of Medfly and other plant pests into the

United States with peppers imported from Spain.

Fruit Fly-Free Areas in Mexico

The regulations at Sec. 319.56-2(h) list the municipalities in the

State of Sonora, Mexico, that are recognized, in accordance with the

criteria for definite areas in Sec. 319.56-2(e)(4) and (f), as areas

free of the following fruit flies: Medfly, Mexican fruit fly

(Anastrepha ludens), dark fruit fly (Anastrepha serpentina),

[[Page 30649]]

West Indian fruit fly (Anastrepha obliqua), and South American fruit

fly (Anastrepha fraterculus). The listed municipalities are: Altar,

Atil, Caborca, Carbo, Empalme, Guaymas, Hermosillo, Pitiquito, Puerto

Penasco, San Luis Rio Colorado, and San Miguel. Apples, apricots,

grapefruit, oranges, peaches, persimmons, pomegranates, and tangerines

may be imported from these municipalities without treatment for the

fruit flies listed above.

Recently, Mexico provided APHIS with the trapping data that

demonstrates that additional municipalities meet the criteria of

Sec. 319.56(e) and (f) for a definite area with respect to these same

fruit flies. Therefore, we are proposing to add the following three

municipalities in the State of Baja California Sur, six municipalities

in the State of Chihuahua, and six municipalities in the State of

Sonora to the list of municipalities in Sec. 319.56-2(h): Comondu,

Loreto, and Mulege in the State of Baja California Sur; Bachiniva,

Casas Grandes, Cuahutemoc, Guerrero, Namiquipa, and Nuevo Casas Grandes

in the State of Chihuahua; and Bacum, Benito Juarez, Cajeme, Etchojoa,

Huatabampo, and Navajoa in the State of Sonora.

Miscellaneous

We are proposing to make a minor editorial change to Sec. 319.56-

2(h) to correct an out-of-date reference to the municipality of

Guaymas. Guaymas has been divided into two sections: the northern

section now named Guaymas, and the southern section now named San Rio

Muerto. Therefore, we are adding San Rio Muerto to the list in

Sec. 319.56-2(h) to reflect the division.

We are also proposing to make several other nonsubstantive

editorial changes for clarity and consistency.

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 (7 U.S.C. 150aa-150jj) and the

Plant Quarantine Act (7 U.S.C. 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.

We are proposing to amend the Fruits and Vegetables regulations to

list a number of fruits and vegetables from certain parts of the world

as eligible, under specified conditions, for importation into the

United States. All of the fruits and vegetables, as a condition of

entry, would be inspected and subject to such disinfection 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. This action 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.

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.

We are also proposing to declare certain areas in Mexico as fruit

fly-free areas. Those areas would include three municipalities in the

State of Baja California Sur, six municipalities in the State of

Chihuahua, and six municipalities in the State of Sonora.

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.

Watermelon From Brazil

Complete information is not available on U.S. watermelon

production. However, data shows that, in 1996, a total of 459,180

metric tons of watermelon, of which 22 percent was imported, was

shipped to 18 major U.S. cities.

The United States is a net importer of watermelons. In 1996,

imports totaled 207,000 metric tons, valued at $49.9 million, compared

to 116,000 metric tons exported, worth $30.4 million.

Data on the number or size of watermelon 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 watermelons are also

small.

If the proposed rule is adopted, watermelons would be allowed to be

exported to the United States from that part of Brazil considered free

of the South American cucurbit fly. Information on the quantity of

watermelons produced in that area of Brazil and on the quantity of

watermelons expected to be imported from Brazil is not available, but

we do not expect that amount to be large enough to adversely affect

U.S. growers. Brassica spp. from Ecuador, El Salvador, Nicaragua, and

Peru

Brassica spp. include a variety of crops, some of which are more

familiar (such as broccoli, cauliflower, and cabbage) than others (such

as pak choi, tatsoi, celery mustard, and celery cabbage).

For the two major Brassica sub-varieties, broccoli and cauliflower,

U.S. commercial production in 1996 was valued at about $397 million

(649,600 metric tons) and $217 million (297,560 metric tons),

respectively. Although U.S. production data is not available for other

Brassica species, information on quantities shipped fresh to 18 major

U.S. cities illustrates their relative importance to those markets.

While fresh shipments of broccoli and

[[Page 30650]]

cauliflower totaled 170,830 metric tons and 87,270 metric tons,

respectively, fresh shipments of cabbage totaled 219,360 metric tons;

Chinese cabbage, 27,490 metric tons; turnips-rutabagas, 10,800 metric

tons; and Brussels sprouts, 6,080 metric tons.

In 1996, the value of U.S. exports of major Brassica spp. totaled

about $188 million, compared to U.S. imports of $146 million. This

means that the United States is a net exporter of these vegetables.

Information on U.S. production of less popular Brassica varieties

and sub-varieties, such as Brassica rapa, Brassica chinensis, and

Brassica pekinensis, is generally very limited for a number of reasons.

Data that is recorded for the production of these commodities is

usually presented in an aggregated format, under ``Chinese'' or

``Oriental'' vegetables or more broadly under a ``Miscellaneous''

category. Even when data specifically addresses one or more of these

commodities, the information may still provide an incomplete picture of

overall production. For example, statistics obtained from county lists

of pesticide permittees only include crops treated with pesticides for

which permits are required.

Bearing in mind these limitations, APHIS has made inquiries at the

county and producer levels in principal production areas of California

and Florida regarding number of growers, acreage, and quantities and

values of production. Though most domestic production probably occurs

in California and Florida, some production of these commodities takes

place in other States as well. For example, one large-scale producer in

California regularly grows mizuna and tatsoi in California for 37 weeks

and in Arizona during the remaining weeks of the year. However, most

domestically grown Brassica rapa and Brassica chinensis are probably

produced in California and Florida.

Twenty-five counties in California were surveyed for production of

these commodities. No information was available from seven of the

counties. Of the remaining 18 counties, ``Oriental'' vegetables are

grown on about 12,250 acres, with total annual production valued at

about $33 million. Nine of the 18 counties were found to record

information on areas planted in specific sub-varieties of Brassica rapa

and Brassica chinensis. Those counties reported a combined production

area of about 3,500 acres for these varieties. Only four of the nine

counties could provide information on the value of production for

certain sub-varieties; in those counties, the sub-varieties were grown

on a total of 1,012 acres and were valued at about $4.9 million.

Because most of the data on California's production of these

commodities is aggregated, there is little that can be stated with

confidence about the individual quantities grown. However, it would

appear that the value of California's annual production of Brassica

rapa and Brassica chinensis probably lies well above $5 million, but

below $30 million. By far, most producers are small entities by SBA

standards. Even the larger operations can probably be considered small

entities (with annual sales below $0.5 million).

In Florida, most production of Brassica rapa and Brassica chinensis

takes place in Palm Beach County, by both small- and large-scale

producers. It is possible that a couple of the larger ones may have

annual sales exceeding $0.5 million. In 1995-96, over 1,260 acres were

planted with these commodities in Palm Beach County, with production

valued at almost $2.3 million. Assuming this amount represents about 80

percent of the State's total, Florida's overall production may be worth

more than $2.8 million.

To these estimates for California and Florida should be added

production taking place in other States where conducive growing

conditions are found. When all growers are considered, U.S. producers

of Brassica rapa and Brassica chinensis may number in the hundreds,

with most of the operations very small-scale. The value of U.S.

production is probably in the tens of millions of dollars.

Although statistics are not available on U.S. production of Chinese

cabbage (Brassica pekinensis), fresh shipments to 18 major U.S. cities

in 1996 totaled about 27,490 metric tons, of which less than 2 percent

was imported (about 320 metric tons from Mexico and 180 metric tons

from Canada). California was the origin of nearly 95 percent of fresh

shipments of domestically grown Chinese cabbage. Between 1994 and 1996,

shipments to the 18 major U.S. cities grew by more than 20 percent.

Of the surveyed counties in California, only four offered specific

information on the number of acres planted with Chinese cabbage and the

value of production. They reported Chinese cabbage grown on 845 acres

and worth $5.5 million.

The most recent data on Ecuador's production of principal Brassica

vegetables indicate relative small quantities compared to those of the

United States. In 1996, Ecuador produced 11,132 metric tons of cabbage,

4,000 metric tons of broccoli, and 1,421 metric tons of cauliflower.

However, it has not been possible to gather information on the quantity

of Brassica spp. expected to be imported from Ecuador, but the amounts

are unlikely to be large enough to affect U.S. entities.

Certain Brassica oleracea varieties, including cabbage,

cauliflower, broccoli, Brussels sprouts, and kale, grown in El Salvador

have been entering the United States under permit for many years.

Therefore, the impact of allowing entry of all Brassica spp. would be

based on the potential imports of the more minor species, such as

Brassica rapa varieties. Research is being conducted in El Salvador on

some of the minor Brassica varieties, such as Chinese cabbage, but they

are not established commercial crops. Therefore, no impacts are

expected in allowing the importation into the United States of Brassica

spp. from El Salvador.

The only information available on the production of Brassica spp.

by Nicaragua concerns broccoli and cauliflower. Nicaragua's annual

levels of production of these two vegetables are reported to be 158

metric tons and 308 metric tons, respectively. These quantities

represent less than 0.03 percent and 0.1 percent, respectively, of U.S.

broccoli and cauliflower production. Also, in a recent year, Nicaragua

exported about 162 tons of cabbage to El Salvador and Honduras. Given

these relatively low levels of production and export, potential

importation of Brassica spp. from Nicaragua is expected to have a

negligible impact on U.S. entities.

Certain Brassica oleracea varieties, including cabbage,

cauliflower, broccoli, Brussels sprouts, and kale, grown in Peru have

been entering the United States under permit for many years. In 1996,

Peru exported approximately 211 metric tons of cabbage and 6 metric

tons of Brussels sprouts to the United States. Therefore, the impact of

allowing entry of all Brassica spp. would be based on the potential

imports of the more minor species, such as Brassica rapa varieties.

Information is not available on the quantity of these commodities grown

in or expected to be imported from Peru, but the amounts are unlikely

to be large enough to adversely affect U.S. entities.

Rhubarb From Guatemala

No official data is available on U.S. rhubarb production, but in

1996, shipments of fresh rhubarb to 18 major U.S. cities totaled about

454 metric tons, with 90 percent coming from Washington and 10 percent

from Oregon. In 1995, there were 3,732

[[Page 30651]]

metric tons of frozen rhubarb shipped commercially to the same cities

from western States (California, Colorado, Idaho, Montana, Oregon,

Washington, and Wyoming). In general, U.S. rhubarb imports and exports

are very minor.

Although the demand for rhubarb is fairly stable, with little

change among long-time commercial buyers, production in Washington is

expected to expand. An additional 300 acres are being brought into

production, and the growing season has been lengthened, from January-

July to December-September, by using hot house and covered field

production in addition to open field production.

In Guatemala, rhubarb is produced in very small quantities for

domestic sales only. Commercial production could increase if

importation to the United States were allowed. However, any impact on

the U.S. rhubarb market would probably be negligible, given the small

amount produced by Guatemala and the current absence of Guatemalan

rhubarb exports.

Parsley From Israel and Nicaragua

California leads all States in parsley production. In 1996, there

were 45,411 tons of parsley produced from 2,982 acres in California.

That same year, fresh parsley imports (together with fresh tarragon and

marjoram imports) to the United States totaled 1,509 metric tons and

were valued at $3.1 million. In other words, U.S. imports represented

about 3 percent or less of California's production. No U.S. exports of

fresh parsley were recorded in 1996.

Israel, with a total 1997 production of about 4,500 tons of

parsley, is already an important source of imported dehydrated

(manufactured) parsley in the United States. It is estimated that

Israel's annual fresh parsley exports to the United States could amount

to about 50 tons. This quantity represents an extremely small fraction

(only about 3 percent) of current fresh parsley imports by the United

States, and it is a negligible amount compared to U.S. domestic

production. Therefore, if parsley from Israel were allowed to be

imported into the United States, no significant impacts would be

expected for U.S. parsley producers or other small entities.

The quantity of parsley expected to be imported from Nicaragua is

not known, but given the relatively low level of current imports of

parsley from all sources, which amount to only 3 percent of

California's production, no significant impacts are expected for U.S.

parsley producers or other entities.

Salicornia From Mexico

Salicornia is a succulent grown primarily as an oil seed crop. Much

like asparagus, the tips of the salicornia plant are consumed as food

in many countries; in Europe, for example, salicornia is widely eaten.

The demand for salicornia as a food item in the United States is still

a niche market, although some is produced along coastlines, such as in

Texas and California. Domestic production is limited to one or two

months of the year.

Information is not available on the number of U.S. producers of

salicornia or on the quantity produced, but it is assumed to be a very

minor crop in the United States. The quantity expected to be imported

from Mexico is also not known, and will depend upon market development.

Since it is to be grown on irrigated land in Mexico, exports to the

United States could potentially be year-round. APHIS has no information

to suggest that U.S. entities may be adversely affected by salicornia

imports from Mexico.

Mint From Nicaragua

An average of 151,600 acres of mint were harvested annually in the

United States between 1994 and 1996, for the production of peppermint

oil and spearmint oil. The average annual value of the oils produced

during these years was about $150 million. Statistics are not available

on the production of mint leaves for purposes other than oil

production. The annual value of mint leaves imported by the United

States from 1992 through 1994 averaged approximately $407,000,

increasing to $422,000 in 1996 and $469,000 in 1997. Thus, the current

value of mint leaf imports is not significant compared to the value of

U.S. mint oil production.

The quantity of mint expected to be imported from Nicaragua is not

known, but given existing levels of U.S. production, potential imports

of mint from Nicaragua are not expected to have an impact on U.S.

producers or other entities.

Rosemary From Nicaragua

No information is readily available on rosemary production or

imports for the United States. Similarly, no estimates were possible

regarding Nicaragua's production or potential exports of rosemary to

the United States. However, there is no reason to believe that allowing

rosemary imports from Nicaragua would have negative impacts on U.S.

entities.

Belgian Endive, Chicory, and Endive From Panama

Although there is no information on U.S. production of Belgian

endive, chicory, and endive, fresh endive shipments to 18 major U.S.

cities in 1996 totaled about 17,550 metric tons, of which imports

contributed about 1,135 metric tons (1,000 tons from Belgium, 90 tons

from Canada, and 45 tons from The Netherlands). California and Florida

were the sources of about 40 percent and 28 percent, respectively, of

domestically grown shipments. Between 1994 and 1996, endive shipments

to those 18 major U.S. cities grew by more than 77 percent. In 1996,

the value of imports, $11.45 million, was three times that of exports,

$3.9 million.

It has not been possible to gather information on the production

levels or expected import quantities of Belgian endive, chicory, and

endive from Panama. However, if the proposed rule were adopted, we do

not expect the importation of these commodities from Panama to

significantly impact U.S. entities.

Pineapple From South Africa

Pineapple production in the United States is concentrated in

Hawaii, and, in 1996, totaled about 314,800 metric tons, of which 7,800

metric tons were exported. U.S. imports of pineapple in the same year

reached 135,260 metric tons. In other words, about 30 percent of the

pineapples consumed in the United States are imported.

South Africa produces about 46,000 metric tons of pineapple, of

which approximately 4,000 metric tons are exported to the European

Union and parts of Asia. It is estimated that South Africa could

potentially export about 2,000 metric tons a year to the United States,

depending on demand and available airfreight space. This amount

represents less than one percent of U.S. production, and about 1\1/2\

percent of U.S. imports. Therefore, we expect that, if the proposed

rule is adopted, U.S. producers and other entities would not be

significantly affected by the importation of pineapple from South

Africa.

Peppers From Spain

Although there is no information on U.S. production of Capsicum

species, there were about 240,230 metric tons of fresh bell peppers and

36,150 metric tons of other fresh peppers shipped to 18 major U.S.

cities in 1996. Nearly 30 percent of the bell pepper shipments were

imported, as were more than one-half of other pepper shipments. In

1996, pepper imports (fresh and chilled) by

[[Page 30652]]

the United States totaled 277,320 metric tons and were valued at $217

million. That same year, U.S. pepper exports amounted to 60,470 metric

tons, valued at $48.4 million. As such, the United States is clearly a

net importer of peppers.

The size distribution of U.S. pepper producers is similar to that

of most crops, with numerous small-scale operations and fewer very

large operations. For example, in Florida in 1992, there were 199 sweet

pepper farms with a total of 19,554 harvested acres. More than half

were farms of less than 15 acres. Most pepper producers in the United

States are small entities (less than $0.5 million in annual sales).

Between 1994 and 1996, fresh bell pepper shipments to the 18 major

U.S. cities grew by about 3.5 percent, while shipments of other fresh

peppers increased by more than 58 percent.

Peppers from Spain would be required to have been grown in insect-

proof greenhouses in the Province of Almeria. Currently, about 20,000

metric tons of the 200,000 metric tons of peppers produced annually in

Province of Almeria are grown in insect-proof greenhouses. It is

expected that about 1,500 metric tons would be shipped yearly to the

United States. Annual shipments could increase to as much as 4,000

metric tons, depending on production and market developments.

This higher estimate, 4,000 metric tons, represents only 1.4

percent of current U.S. pepper imports, and even a smaller fraction of

U.S. domestic production. Pepper imports from Spain would have a

negligible impact on U.S. entities. However, they may help to satisfy

the rapidly increasing U.S. demand for fresh peppers.

Cantaloupe, Honeydew Melon, and Watermelon From Venezuela

The U.S. melon season runs from May to November, with most domestic

shipments taking place in May, June, and July. Production statistics

are available only for honeydew melon; in 1996, the commercial crop

totaled 242,490 metric tons and was valued at $91.3 million. Although

such information is not available for cantaloupe or watermelon,

quantities shipped to 18 major U.S. cities in 1996 are as follows:

Cantaloupe, 325,230 metric tons (30 percent imported); honeydew melon,

130,770 metric tons (40 percent imported); and watermelon, 459,180

metric tons (22 percent imported).

California dominates cantaloupe and honeydew melon production,

while Florida, Georgia, and Texas devote the most acreage to watermelon

production. Most melon and cantaloupe producers can be considered small

entities, but probably a major share of production is by a relatively

few large-scale operations having annual sales greater than $0.5

million.

U.S. trade in cantaloupes, honeydew melons, and watermelons

demonstrates that the United States is a net importer of these

commodities. In 1996, overall fresh melon imports were valued at $205

million, and exports worth $81 million.

The Paraguana Peninsula, because it is considered free of the South

American cucurbit fly, is the area in Venezuela from which cantaloupe,

honeydew melons, and watermelons would be allowed to be exported to the

United States. When melons were last shipped from the Paraguana

Peninsula to the United States in 1985, 2,000 metric tons of honeydew

melon and 400 metric tons of watermelon were exported. (No cantaloupe

was exported.) In 1986, shipments were discontinued because of

phytosanitary restrictions.

With removal of the restrictions, projected annual exports to the

United States are 6,000 metric tons of cantaloupe, 3,000 metric tons of

honeydew melon, and 2,000 metric tons of watermelon. In each case,

these amounts represent about 1 percent or less of U.S. domestic

production. The export season for the melons would be October to April,

the period of the year when domestic supply is at its lowest.

The proposed shipments from Venezuela would improve the year-round

availability of melons for consumers by augmenting existing off-season

imports. The relatively small amounts expected to be shipped are likely

to have only a negligible impact on U.S. producers of cantaloupe,

honeydew melon, and watermelon.

Addition of Fruit Fly-Free Areas in the Mexican States of Baja

California Sur, Chihuahua, and Sonora

With the addition of fruit fly-free areas in the Mexican States of

Baja California Sur, Chihuahua, and Sonora, the importation into the

United States of four types of fruit would be affected. Those fruits

are apple, orange, peach, and tangerine. We project that increases in

exports to the United States of those fruits would be as follows:

Apples, 4,000 metric tons; oranges, 28,144 metric tons; peaches, 2,000

metric tons; and tangerines, 280 metric tons. Import levels of

apricots, grapefruits, persimmons, and pomegranates, the other fruits

eligible for importation into the United States from Mexico under

Sec. 319.56-2(h), are not expected to be affected by this proposed

rule.

U.S. apple production in 1996 totaled 4,732,860 metric tons and was

worth $1.84 billion. Projected additional imports from Mexico of 4,000

metric tons represent less than 0.1 percent of U.S. production.

Further, the United States is a net exporter of apples, exporting more

than three times as many apples as it imports.

U.S. orange production in 1996 totaled 10,634,920 metric tons and

was worth $1.895 billion. Projected additional imports from Mexico of

28,144 metric tons represent less than 0.3 percent of U.S. production.

In 1996, the quantity of oranges exported by the United States was 22

times greater than the quantity imported.

U.S. peach production in 1996 totaled 938,940 metric tons and was

worth $378 million. Projected additional imports from Mexico of 2,000

metric tons represent about 0.2 percent of U.S. production. Further,

the United States is a net exporter of peaches, exporting 1.7 times as

many peaches as it imports.

U.S. tangerine production in 1996 totaled 315,700 metric tons and

was worth $112 million. Projected additional imports from Mexico of 280

metric tons represent less than 0.1 percent of U.S. production.

Further, the United States is a net exporter of tangerines, exporting

six times as many tangerines as it imports.

In the case of each of these four fruits, projected additional

exports to the United States due to the newly recognized fruit fly-free

areas are extremely small amounts compared to U.S. production. Also, in

each case, the United States is a net exporter of the fruit, reflecting

excess supply. Impacts on costs or prices for U.S. producers and

consumers is expected to be negligible. APHIS does not anticipate any

adverse effects on small entities or the ability of U.S. entities to

compete in domestic and export markets.

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.

The proposed changes to the regulations would result in new

information collection or recordkeeping requirements, as described

below under the heading ``Paperwork Reduction Act.''

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

[[Page 30653]]

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. 97-107-1.

Please send a copy of your comments to: (1) Docket No. 97-107-1,

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 proposed 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 1.158 hours per response.

Respondents: Foreign plant health protection authorities.

Estimated annual number of respondents: 32.

Estimated annual number of responses per respondent: 32.625.

Estimated annual number of responses: 1,044.

Estimated total annual burden on respondents: 1,209 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 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, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

follows:

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

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

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

follows:

Sec. 319.56-2 Restrictions on entry of fruits and vegetables.

* * * * *

(h) The Administrator has determined that the following

municipalities in Mexico meet the criteria of Sec. 319.56-2(e) and (f)

with regard to the plant pests Ceratitis capitata, Anastrepha ludens,

A. serpentina, A. obliqua, and A. fraterculus: Comondu, Loreto, and

Mulege in the State of Baja California Sur; Bachiniva, Casas Grandes,

Cuahutemoc, Guerrero, Namiquipa, and Nuevo Casas Grandes in the State

of Chihuahua; and Altar, Atil, Bacum, Benito Juarez, Caborca, Cajeme,

Carbo, Empalme, Etchojoa, Guaymas, Hermosillo, Huatabampo, Navajoa,

Pitiquito, Puerto Penasco, San Luis Rio Colorado, San Miguel, and San

Rio Muerto in the State of Sonora. Apples, apricots, grapefruit,

oranges, peaches, persimmons, pomegranates, and tangerines may be

imported from these areas without treatment for the pests named in this

paragraph.

* * * * *

3. 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)

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

* * * * * *

*

Ecuador

* * * * * *

*

Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

* * * * * *

*

El Salvador

[[Page 30654]]

* * * * * *

*

Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

* * * * * *

*

Guatemala

* * * * * *

*

Rhubarb.................. Rheum rhabarbarum....... Above ground parts.

* * * * * *

*

Israel

* * * * * *

*

Parsley.................. Petroselinum crispum.... Above ground parts.

* * * * * *

*

Mexico

* * * * * *

*

Salicornia............... Salicornia spp.......... Above ground parts.

* * * * * *

*

Nicaragua

* * * * * *

*

Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

* * * * * *

*

Mint..................... Mentha spp.............. Above ground parts.

Parsley.................. Petroselinum crispum.... Above ground parts.

* * * * * *

*

Rosemary................. Rosmarinus officinalla.. Above ground parts.

* * * * * *

*

Panama

* * * * * *

*

Belgian endive........... Cichorium spp........... Above ground parts.

Chicory.................. Cichorium spp........... Above ground parts.

* * * * * *

*

Endive................... Cichorium spp........... Above ground parts.

* * * * * *

*

Peru

* * * * * *

*

Cole and mustard crops, Brassica spp............ Whole plant of edible

including cabbages, varieties only.

broccoli, cauliflower,

turnips, mustards, and

related varieties.

* * * * * *

*

Swiss chard.............. Beta vulgaris........... Leaf and stem.

* * * * * *

*

South Africa

* * * * * *

*

Pineapple................ Ananas spp.............. Fruit.

* * * * * *

*

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

[[Page 30655]]

* * * * *

4. Section 319.56-2aa would be revised to read as follows:

Sec. 319.56-2aa Administrative instructions governing the entry of

cantaloupe, honeydew melons, and watermelon from Brazil and Venezuela.

Cantaloupe, honeydew melons, and watermelon may be imported into

the United States from Brazil and Venezuela only under permit, and only

in accordance with this section and all other applicable requirements

of this subpart:

(a) The cantaloupe, honeydew melons, or watermelon must have been

grown in the area of Brazil or the area of Venezuela considered by the

Animal and Plant Health Inspection Service to be free of the South

American cucurbit fly, (Anastrepha grandis), in accordance with

Sec. 319.56-2(e)(4) of this subpart. In addition, all shipments of

cantaloupe, honeydew melons, and watermelon must be accompanied by a

phytosanitary certificate issued either by the Departmento de Defesa e

Inspecao Vegetal (Brazilian Department of Plant Health and Inspection)

or the Servicio Autonomo de Sanidad Agropecuaria (the plant protection

service of Venezuela) that includes a declaration indicating that the

cantaloupe or melons were grown in an area recognized to be free of the

South American cucurbit fly.

(1) Area considered free of the South American cucurbit fly in

Brazil. The following area in Brazil is considered free of the South

American cucurbit fly: That portion of Brazil bounded on the north by

the Atlantic Ocean; on the east by the River Assu (Acu) from the

Atlantic Ocean to the city of Assu; on the south by Highway BR 304 from

the city of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro

to the Ceara State line; and on the west by the Ceara State line to the

Atlantic Ocean.

(2) Area considered free of the South American cucurbit fly in

Venezuela. The following area in Venezuela is considered free of the

South American cucurbit fly: The Paraguana Peninsula, located in the

State of Falcon, bounded on the north and east by the Caribbean Ocean,

on the south by the Gulf of Coro and an imaginary line dividing the

autonomous districts of Falcon and Miranda, and on the west by the Gulf

of Venezuela.

(b) Shipping requirements. The cantaloupe, honeydew melons, and

watermelon must be packed in an enclosed container or vehicle, or must

be covered by a pest-proof screen or plastic tarpaulin while in transit

to the United States.

(c) Labeling. All shipments of cantaloupe, honeydew melons, and

watermelon must be labeled in accordance with Sec. 319.56-2(g) of this

subpart.

5. A new Sec. 319.56-2gg would be added to read as follows:

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

entry of peppers from Spain.

Peppers (fruit) (Capsicum spp.) may be imported into the United

States from Spain only under permit, and only in accordance with this

section and all other applicable requirements of this subpart:

(a) The peppers must be grown in the Almeria Province of Spain in

pest-proof greenhouses registered with, and inspected by, the Spanish

Ministry of Agriculture, Fisheries, and Food (MAFF);

(b) The peppers may be shipped only from December 1 through April

30, inclusive;

(c) Beginning October 1, and continuing through April 30, MAFF must

set and maintain Mediterranean fruit fly (Medfly) traps baited with

trimedlure inside the greenhouses at a rate of four traps per hectare.

In all outside areas, including urban and residential areas, within 8

kilometers of the greenhouses, MAFF must set and maintain Medfly traps

baited with trimedlure at a rate of four traps per square kilometer.

All traps must be checked every 7 days;

(d) Capture of a single Medfly in a registered greenhouse will

immediately halt exports from that greenhouse until the Deputy

Administrator determines that the source of infestation has been

identified, that all Medflies have been eradicated, and that measures

have been taken to preclude any future infestation. Capture of a single

Medfly within 2 kilometers of a registered greenhouse will necessitate

increased trap density in order to determine whether there is a

reproducing population in the area. Capture of two Medflies within 2

kilometers of a registered greenhouse during a 1-month period will halt

exports from all registered greenhouses within 2 kilometers of the

capture, until the source of infestation is determined and all Medflies

are eradicated;

(e) The peppers must be safeguarded against fruit fly infestation

from harvest to export. Such safeguarding includes covering newly

harvested peppers with fruit fly-proof mesh screen or plastic tarpaulin

while in transit to the packing house and while awaiting packing, and

packing the peppers in fruit fly-proof cartons, or cartons covered with

fruit-fly proof mesh or plastic tarpaulin, and placing those cartons in

enclosed shipping containers for transit to the airport and subsequent

shipment to the United States;

(f) The peppers must be packed for shipment within 24 hours of

harvest;

(g) During shipment, the peppers may not transit other fruit fly-

supporting areas unless shipping containers are sealed by MAFF with an

official seal whose number is noted on the phytosanitary certificate;

and

(h) A phytosanitary certificate issued by MAFF and bearing the

declaration, ``These peppers were grown in registered greenhouses in

Almeria Province in Spain,'' must accompany the shipment.

Done in Washington, DC, this 2nd day of June, 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-14957 Filed 6-4-98; 8:45 am]

BILLING CODE 3410-34-P