[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4485]
Federal Register / Vol. 59, No. 39 / Monday, February 28, 1994 /
[Federal Register: February 28, 1994]
VOL. 59, NO. 39
Monday, February 28, 1994
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 93-095-2]
Importation of Apples, Apricots, Peaches, Persimmons,
Pomegranates, and Citrus From Sonora
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Fruits and Vegetables regulations by
adding San Luis Rio Colorado to the list of definite areas in Sonora,
Mexico, determined to be free from certain injurious insect pests and
from which apples, apricots, grapefruit, oranges, peaches, persimmons,
pomegranates, and tangerines may be imported without treatment for
these pests. We have determined that this municipality is free from
certain injurious insect pests known to occur in Mexico and known to
attack these fruits. This action allows the importation of these fruits
into the United States from San Luis Rio Colorado, in accordance with
the regulations. We also are making other nonsubstantive changes for
clarity.
EFFECTIVE DATE: February 28, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior
Operations Officer, Port Operations Staff, Plant Protection and
Quarantine, APHIS, USDA, room 632, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-6799.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.56 through 319.56-8 (referred to below
as the regulations) restrict the importation of fruits and vegetables
to prevent the introduction and dissemination of certain injurious
insects, including fruit and melon flies, that are new to or not widely
distributed within and throughout the United States. Paragraphs (e) and
(f) of Sec. 319.56-2 contain requirements for the importation of
certain fruits and vegetables based on their origin in a definite area
or district. The definite area or district must meet certain criteria,
including criteria designed to ensure that the area or district is free
from all or certain injurious insects. Paragraph (h) of Sec. 319.56-2
lists municipalities in Sonora, Mexico, that are considered free of
five listed insect pests: Ceratitis capitata, Anastrepha ludens, A.
serpentina, A. obliqua, and A. fraterculus. Apples, apricots,
grapefruit, oranges, peaches, persimmons, pomegranates, and tangerines
from municipalities in Sonora, Mexico, listed in paragraph (h) may be
imported into the United States without treatment for these five insect
pests.
In a document published in the Federal Register on August 25, 1993
(58 FR 44779-44780, Docket No. 93-095-1), we proposed to add San Luis
Rio Colorado to the list of municipalities in Sonora, Mexico,
determined to be free from the five listed insect pests and from which
apples, apricots, grapefruit, oranges, peaches, persimmons,
pomegranates, and tangerines may be imported into the United States
without treatment for these pests. We have determined that San Luis Rio
Colorado meets all the criteria contained in Sec. 319.56-2 (e)(4) and
(f).
We solicited comments concerning our proposal for a 30-day comment
period ending September 24, 1993. We received one comment by that date
from a State agency. The commenter expressed concern regarding Mexican
Government enforcement efforts to prevent the introduction of fruit
flies into San Luis Rio Colorado and requested any pertinent
information that we used in formulating the proposed rule.
We have since responded to the commenter and have provided him with
the pest risk assessment we used in adding San Luis Rio Colorado to the
list of Sonoran municipalities considered to be free of fruit flies. As
indicated in the pest risk assessment, the Mexican Government performs
fruit fly trapping surveys adequate to detect any fruit fly infestation
in San Luis Rio Colorado. The Mexican Government also maintains
roadside inspection stations to prevent the introduction of fruit flies
through incoming produce.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule without change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. Making this rule effective immediately will allow interested
producers and others in the marketing chain to benefit from this
additional source of fruit. Therefore, the Administrator of the Animal
and Plant Health Inspection Service has determined that this rule
should be effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866.
The action allows the importation of apples, apricots, grapefruit,
oranges, peaches, persimmons, pomegranates, and tangerines from San
Luis Rio Colorado into the United States without treatment for the five
listed insect pests. This action could increase imports of these
articles into the United States, since import costs will be lowered
through the elimination of treatment costs. The small entities that
could be affected by this action include fumigators at the Mexican
border, importers of the above-listed fruits, and domestic growers,
distributors, and retailers of these fruits.
The economic impact on these entities should be insignificant since
the amount of fruit imported into the United States from San Luis Rio
Colorado is expected to be very small.
Based on available information, we anticipate that only imports of
oranges, peaches, and possibly grapefruit may increase as a result of
this rule. Further, if imports of oranges and peaches from Sonora and
imports of grapefruit from Mexico in general were to increase 10
percent from 1992 levels, this increase would amount to less than one
percent of total U.S. production and less than one percent of total
U.S. imports of these commodities. Consequently, we do not estimate any
changes in prices or costs of fresh oranges, peaches, or grapefruit as
a result of this rule.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule allows fruit to be imported into the United States from
San Luis Rio Colorado, Mexico. State and local laws and regulations
regarding fruit imported under this rule will be preempted while the
fruit is in foreign commerce. Fresh fruits are generally imported for
immediate distribution and sale to the consuming public, and will
remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce ceases in other cases must be
addressed on a case-by-case basis. No retroactive effect will be given
to this rule, and this rule will not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
The regulations in this subpart contain no new information
collection or recordkeeping requirements under the Paperwork Reduction
Act of 1980 (44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant
Diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 is amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450; 21 U.S.C.
136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).
Sec. 319.56-2 [Amended]
2. In Sec. 319.56-2, paragraph (h) is amended by removing the eight
semi-colons following each city name and by adding commas in their
places and by adding the phrase ``San Luis Rio Colorado,'' immediately
after ``Puerto Penasco,''.
Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4485 Filed 2-25-94; 8:45 am]
BILLING CODE 3410-34-P
