[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10409]
[[Page Unknown]]
[Federal Register: May 2, 1994]
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FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 319
[Docket No. 93-101-1]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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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 undergo prescribed treatments for
fruit flies or other injurious insects as a condition of entry, or to
meet other special conditions. This proposed 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.
We are also proposing to make several minor changes to the
regulations for the sake of clarity.
DATES: Consideration will be given only to comments received on or
before June 1, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 93-101-1. 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. Frank E. Cooper or Mr. Peter
Grosser, Senior Operations Officers, Port Operations, Plant Protection
and Quarantine, APHIS, USDA, room 635, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-8295.
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 injurious insects 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 injurious insects 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 analyses1 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.
---------------------------------------------------------------------------
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 dangerous 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 undergo prescribed treatments for fruit flies or other
insect pests as a condition of entry, or 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 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)
------------------------------------------------------------------------
Argentina........ Artichoke, globe. Cynara scolymus. Immature flower
head.
Belize........... Mint............. Mentha spp...... Above ground
parts.
Indonesia........ Dasheen.......... Colocasia spp., Tuber.
Alocasia spp.,
and Xanthosoma
spp.
Jamaica.......... Ivy gourd........ Coccinia grandis Fruit.
Pointed gourd.... Trichosanthes Fruit.
dioica.
Mexico........... Tepeguaje........ Leucaena spp.... Fruit.
Peru............. Arugula.......... Eruca sativa.... Leaf and stem.
Chervil.......... Anthriscus spp.. Leaf and stem.
Lemongrass....... Cymbopogon spp.. Leaf and stem.
Mustard greens... Brassica juncea. Leaf.
South Africa..... Artichoke, globe. Cynara scolymus. Immature flower
head.
Spain............ Tomato........... Lycopersicon Green fruit.
esculentum.
------------------------------------------------------------------------
We also propose to prohibit the entry of dasheen from Indonesia
into Guam, to prevent the introduction of dasheen mosaic virus. Cartons
in which dasheen from Indonesia are packed must be stamped ``Not for
distribution in Guam.''
Except for dasheen from Indonesia, 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 the listed fruits 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 injurious plant pests by the
importation of these fruits and vegetables.
Subject to Inspection and Treatment Upon Arrival; Additional
Conditions
In addition to the fruits and vegetables listed above, we are
proposing to allow the following fruits and vegetables to be imported
into the United States. These commodities, like the fruits and
vegetables mentioned above, would be imported into the United States in
accordance with Sec. 319.56-6 and all other applicable requirements of
the regulations. However, in order to prevent the spread of certain
injurious plant pests, we are attaching additional conditions to their
proposed importation. These additional conditions, which are explained
below, appear to be adequate to prevent the introduction into the
United States of injurious plant pests by the importation of these
fruits and vegetables.
Tomatoes from Spain. We are proposing to allow pink or red tomatoes
(fruit) (Lycopersicon esculentum) from the Almeria province of Spain to
be imported into the United States under certain conditions. Though
pink and red tomatoes are a recorded host of the Mediterranean fruit
fly (Medfly), which is known to occur in Spain, we have determined that
tomatoes grown under certain conditions in the Almeria Province of
Spain can be imported into the United States without presenting a
significant risk of introducing Medfly. We believe the multiple
safeguards discussed below would be adequate to guard against the
introduction of Medfly with the pink or red tomatoes. (As shown in the
list above, we are proposing to allow green tomatoes to be imported
into the United States from all of Spain, subject only to requirements
under Sec. 319.56-6 of the regulations and all other applicable
requirements of the regulations.)
We are proposing to allow pink or red tomatoes grown in the Almeria
Province to be imported into the United States because Almeria is the
only province the Spanish Government has agreed to regulate as follows.
Pink or red tomatoes from Almeria could be shipped from Spain only from
December 1 though April 30, and only if they were grown in greenhouses
registered with and inspected by the Spanish Ministry of Agriculture,
Fisheries, and Food (MAFF). Beginning 2 months prior to shipping and
continuing through April 30, MAFF would be required to set and maintain
Medfly traps baited with trimedlure inside the greenhouses at a rate of
four traps per hectare. In all areas outside the greenhouses and within
8 kilometers, including urban and residential areas, MAFF would be
required to place Medfly traps at a rate of four traps per square
kilometer. All traps would have to be checked every 7 days.
Capture of a single Medfly in a registered greenhouse would
immediately cancel exports from that greenhouse until the source of
infestation is determined, all flies are eradicated, and measures are
taken to preclude any future infestation. Capture of a single fly
within 2 kilometers of a registered greenhouse would necessitate
increasing trap density in order to determine whether there is a
reproducing population in the area or if the single fly had been
introduced accidentally. Capture of two flies within 2 kilometers of a
registered greenhouse and within a 1-month time period would cancel
exports from all registered greenhouses within 2 kilometers of the
find, until the source of infestation is determined and all flies are
eradicated.
We would require pink or red tomatoes to be packed within 24 hours
of harvest, to be safeguarded by a flyproof mesh screen or plastic
tarpaulin in transit to the packing house and while awaiting packing,
and to be packed in flyproof containers for transit to the airport and
subsequent shipping to the United States.
MAFF would be responsible for export certification inspection and
issuance of phytosanitary certificates. The phytosanitary certificates
would be required to bear the following declaration: ``These tomatoes
were grown in registered greenhouses in Almeria Province in Spain.''
These phytosanitary certificates would be required to accompany any
shipment of such tomatoes.
Treatment Required
The fruits and vegetables listed below are attacked by the Medfly
or other injurious insects, as specified below, in their country or
locality of origin. Visual inspection cannot be relied upon to detect
the insects, but the fruits and vegetables can be treated to destroy
the insects. Therefore, we propose to allow these fruits and vegetables
to be imported into the United States, or specified parts of the United
States, only if they have been treated in accordance with the Plant
Protection and Quarantine (PPQ) Treatment Manual, which has been
incorporated by reference into the Code of Federal Regulations at 7 CFR
300.1.
In addition to requiring the treatment listed below for litchi
imported from Taiwan, we also propose to prohibit its entry into
Florida, to prevent introduction of the pest Eriophyes lichtii. Cartons
in which litchi from Taiwan are packed must be stamped ``Not for
distribution in FL.''
We would revise the PPQ Treatment Manual to show that treatments
are required as follows for the fruits and vegetables listed below:
------------------------------------------------------------------------
Country Common name, Botanical name, and plant part(s)
------------------------------------------------------------------------
Ecuador............. Blueberry, Vaccinium spp., Fruit.
Fumigation as follows for Medfly:
With methyl bromide at NAP--chamber or tarpaulin:
32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 21
deg.C (70 deg.F) or above, with minimum gas
concentrations of:
26g (26 oz) at \1/2\ hour after fumigation begins.
22g (22 oz) at 2 hours after fumigation begins.
21g (21 oz) at 3\1/2\ hours after fumigation
begins.
32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 18-
20.5 deg.C (6569 deg.F), with minimum gas
concentrations of:
26g (26 oz) at \1/2\ hour after fumigation begins.
22g (22 oz) at 2 hours after fumigation begins.
19g (19 oz) at 3\1/2\ hours after fumigation
begins.
(Fruit must be at the indicated temperature at
start of fumigation.)
Israel.............. Cactus, Opuntia spp., Fruit.
Fumigation as follows for Medfly:
With methyl bromide at NAP--chamber or tarpaulin:
32 g/m3 (2 lb/1000 ft3) for 3\1/2\ hours at 21
deg.C (70 deg.F) or above, with minimum gas
concentrations of:
26g (26 oz) at \1/2\ hour after fumigation begins.
21g (21 oz) at 2 hours after fumigation begins.
21g (21 oz) at 3\1/2\ hours after fumigation
begins.
(Fruit must be at the indicated temperature at
start of fumigation.)
Mexico.............. Cherry, Prunus avium, Fruit.
Cold treatment as follows for fruit flies of the
genus Anastrepha:
18 days at 0.55 deg.C (33 deg.F) or below.
20 days at 1.11 deg.C (34 deg.F) or below.
22 days at 1.66 deg.C (35 deg.F) or below.
(Pulp of the fruit must be at or below the
indicated temperature at time of beginning
treatment.)
Peru................ Blueberry, Vaccinium spp., Fruit.
Fumigation for Medfly as set forth above for
blueberries from Ecuador.
Taiwan.............. Litchi, Litchi chinensis, Fruit.
Cold treatment as follows for fruit flies of the
genus Bactrocera and for Conopomorpha sinensis:
15 days at 1 deg.C (33.8 deg.F) or below.
18 days at 1.39 deg.C (34.5 deg.F) or below.
(Pulp of the fruit must be at or below the
indicated temperature at time of beginning
treatment.)
Thailand............ Asparagus, Asparagus officinalis, Shoot.
Fumigation as follows for Scirtothrips dorsalis:
With methyl bromide at NAP--chamber or tarpaulin:
40 g/m3 (2.5 lb/1000 ft3) for 2 hours at 26.5
deg.C (80 deg.F) or above, with minimum gas
concentrations of:
32g (oz) at \1/2\ hour after fumigation begins
24g (oz) at 2 hours after fumigation begins
48 g/m3 (3 lb/1000 ft3) for 2 hours at 21-26
deg.C (70-79 deg.F), with minimum gas
concentrations of:
38g (oz) at \1/2\ hour after fumigation begins.
29g (oz) at 2 or hours after fumigation begins.
64 g/m3 (4 lb/1000 ft3) for 2 hours at 15.5-20.5
deg.C (60-69 deg.F), with minimum gas
concentrations of:
48g (oz) at \1/2\ hour after fumigation begins.
38g (oz) at 2 or hours after fumigation begins.
(Fruit must be at the indicated temperature at
start of fumigation.)
Uruguay............. Plum, Prunus domestica, Fruit.
Cold treatment as follows for Medfly and fruit
flies of the genus Anastrepha.
11 days at 0 deg.C (32 deg.F) or below.
13 days at 0.55 deg.C (33 deg.F) or below.
15 days at 1.11 deg.C (34 deg.F) or below.
17 days at 1.66 deg.C (35 deg.F) or below.
(Pulp of the fruit must be at or below. the
indicated temperature at time of beginning
treatment.)
------------------------------------------------------------------------
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 the Hoboken Methods
Development Center, PPQ, APHIS, USDA, 209 River Street, Hoboken, NJ,
07030.
Fruits and vegetables required to be treated for fruit flies would
be restricted to North Atlantic ports of arrival if treatment has not
been completed before the fruits and vegetables arrive in the United
States. Climatic conditions at North Atlantic ports are unsuitable for
the fruit flies listed above. Therefore, in the unlikely event that any
fruit flies escape before treatment, they will not become established
pests in the United States. North Atlantic ports are: Atlantic Ocean
ports north of and including Baltimore; ports on the Great Lakes and
St. Lawrence Seaway; Canadian border ports on the North Dakota border
and east of North Dakota; and, for air shipments, Washington, DC
(including Baltimore-Washington International and Dulles International
airports).
Pest risk analyses conducted by APHIS have determined that any
other injurious plant pests that might be carried by the fruits and
vegetables listed above would be readily detectable by a USDA
inspector. As noted, the fruits and vegetables would be subject to
inspection, disinfection, or both, at the port of first arrival, in
accordance with Sec. 319.56-6.
Use of Methyl Bromide
Methyl bromide is currently in widespread use as a fumigant. It is
prescribed as a treatment for three of the commodities included in this
proposal (blueberries from Ecuador and Peru, cactus from Israel, and
asparagus from Thailand). 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). This rulemaking
freezes methyl bromide production 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.
Miscellaneous
We are also proposing to make several minor changes to the fruit
and vegetable regulations for the sake of clarity. In Sec. 319.56-2t,
we are proposing to clarify prohibitions on imports into the United
States of ginger from the Cook Islands and dasheen from South Korea.
For both commodities, we propose to specify that their packing
containers be stamped with notices stating that the commodities are not
to be distributed in certain areas of the United States. These areas
are already listed in the regulations.
Also in Sec. 319.56-2t, under the entries for Israel and Mexico, we
are proposing to change the listed common name for Eruca sativa from
``Garden rocket'' to ``Arugula.''
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 purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
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. This proposed rule would revise the
status of certain commodities from certain countries and localities,
allowing their importation into the United States for the first time.
Our proposed changes are based on biological risk analyses that
were conducted by APHIS at the request of various importers and foreign
ministries of agriculture. The risk analyses 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 in this proposal would be required to undergo
mandatory treatment for fruit flies or other injurious insects as a
condition of entry, or to meet other special conditions. Thus, our
proposed 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.
Of the fruits and vegetables proposed for importation into the
United States, domestic production and related import information is
available only for artichokes, asparagus, blueberries, sweet cherries,
dasheens, plums, and pink and red tomatoes.
We have used both published elasticities and price flexibilities to
estimate the potential economic effects of allowing artichokes,
asparagus, blueberries, sweet cherries, dasheens, plums, and pink and
red tomatoes to be imported into the United States; both examine the
relationship between changes in supply and subsequent changes in price.
Domestic production and import information was not available for
the other commodities that could be imported into the United States
under this proposal, because these other commodities are not produced
on a large scale domestically. We anticipate, therefore, that allowing
these other commodities to be imported into the United States would not
have a significant economic impact on domestic producers.
Artichokes
In 1987, 67 domestic producers harvested artichokes; all but one
were in California. It is likely that most of these producers would be
classified as small entities using Small Business Administration (SBA)
criteria (annual gross receipts of $0.5 million or less). In 1992,
domestic producers harvested 118 million pounds of artichokes for the
fresh market, with an estimated value of $39.2 million.
This proposed rule would allow artichokes to be imported into the
United States from Argentina and South Africa under certain conditions.
Argentina produces approximately 165 million pounds of artichokes
annually. We estimate that Argentina could export to the United States
about 44,000 pounds of artichokes per year over the next three years.
This volume of artichoke imports would constitute about 2.0 percent of
current total imports to the United States, less than 0.10 percent of
current domestic production, and less than 0.10 percent of the current
total artichoke supply in the United States (domestic and imports).
Assuming that a less than 0.10 percent increase in the supply of
artichokes would lead to an approximately 0.12 percent decrease in the
domestic price of artichokes (using the price elasticity for fresh
vegetables, -0.320), we estimate that this increase in supply would
result in a price decrease of about $0.038 per hundredweight (cwt), or
$0.00038 per pound, from an original price of $33.40 per cwt. As a
result of the price decrease, there could be a decrease in the total
revenue of domestic artichoke producers of about $45,000, roughly 0.12
percent of their total revenue of $39.2 million. We anticipate,
therefore, that allowing artichokes to be imported into the United
States from Argentina would not have a significant economic impact on
domestic producers.
Allowing artichokes to be imported from South Africa would have an
even smaller impact on domestic producers. Production data for South
Africa is not available. South Africa's total exports of artichokes
were less than 2,000 pounds in 1991 and less than 700 pounds in 1992.
Even if South Africa exported 2,000 pounds annually to the United
States, which is unlikely, the price decrease would be negligible, as
would be the decrease in total revenue. Therefore, allowing artichokes
to be imported from South Africa also would not have a significant
economic impact on domestic artichoke producers.
Asparagus
In 1987, 3,033 domestic producers harvested asparagus. It is likely
that most of these producers would be classified as small entities by
SBA standards. In 1992, domestic producers harvested 135 million pounds
of asparagus for the fresh market, with an estimated value of $116
million.
This proposed rule would allow asparagus to be imported into the
United States from Thailand under certain conditions. In 1992, Thailand
produced approximately 26.5 million pounds of asparagus and exported
5.5 million pounds. Japan imported 80 percent of Thailand's asparagus
exports (4.4 million pounds), with the remaining 20 percent imported by
five other countries. Currently, there is no reported excess supply of
asparagus in Thailand.
We expect annual asparagus imports into the United States from
Thailand would be minimal, possibly 220,000 pounds, as a result of this
rule. This volume of asparagus would constitute about 0.38 percent of
current total imports to the United States, about 0.16 percent of
current domestic production, and about 0.11 percent of the current
total asparagus supply in the United States.
Assuming that an 0.11 percent increase in the supply of asparagus
would lead to a decrease of about 0.36 percent in the domestic price of
asparagus (using the price elasticity for fresh vegetables, -0.320), we
estimate that this increase in supply would result in a price decrease
of about $0.31 per cwt, or $0.0031 per pound, from an original price of
$86.00 per cwt. As a result of the price decrease, there could be a
decrease in total revenue of domestic asparagus producers of about
$415,000, roughly 0.36 percent of the original total revenue of $116
million. We anticipate, therefore, that allowing asparagus to be
imported from Thailand would not have a significant economic impact on
domestic asparagus producers.
Blueberries
In 1987, 3,911 farms in 36 states harvested 109.4 million pounds of
cultivated blueberries. Additionally, 501 farms in six of the same
states harvested 32.6 million pounds of wild blueberries. It is likely
that most of these producers would be classified as small entities by
SBA standards. In 1992, domestic producers harvested 44.7 million
pounds of blueberries for the fresh market, with an estimated value of
$48.0 million.
This proposed rule would allow blueberries to be imported into the
United States from Ecuador and Peru under certain conditions. Blueberry
production and export data are not available for either Ecuador or
Peru. Blueberries are not a formal crop in either country; they only
grow wild. There is limited local consumption near the production
areas. We anticipate that an insignificant amount of blueberries, if
any, would be exported to the United States from either country as a
result of this proposal. We anticipate, therefore, that allowing
blueberries to be imported from Ecuador and Peru would not have a
significant economic impact on domestic blueberry producers.
Sweet Cherries
In 1987, 7,171 domestic producers harvested sweet cherries. It is
likely that most of these producers would be classified as small
entities by SBA standards. In 1992, domestic producers harvested 191
million pounds of sweet cherries produced for the fresh market, with an
estimated value of $115 million.
This proposed rule would allow sweet cherries to be imported into
the United States from Mexico. In 1992, Mexico produced approximately
225,000 pounds of cherries, both sweet and sour. We anticipate that any
cherry imports from Mexico as a result of this proposal would be
minimal, since presently, most of Mexico's cherry production is
consumed locally. However, in the unlikely event that Mexico exported
into the United States 225,000 pounds of sweet cherries, it would
constitute only about 4.9 percent of current total imports, about 0.12
percent of current U.S. production and about 0.12 percent of the
current total sweet cherry supply in the United States (domestic and
imports).
Assuming that an 0.12 percent increase in the supply of sweet
cherries would lead to a decrease of about 0.054 percent in the
domestic price (using the price flexibility for sweet cherries,
-0.470), we estimate that this increase in supply would result in a
price decrease of about $0.65 per ton, or $0.00032 per pound, from an
original price of $1,200 per ton. As a result of the price decrease,
there could be a decrease in total revenue of sweet cherry producers of
about $62,000, which is roughly 0.054 percent of the original total
revenue of $115 million. Therefore, we anticipate that allowing sweet
cherries to be imported from Mexico would not have a significant
economic impact on domestic sweet cherry producers.
Dasheen (Taro)
In 1987, 191 domestic producers harvested taro, 187 in Hawaii. It
is likely that most of these producers would be classified as small
entities by SBA standards. In 1991, domestic producers harvested 7.0
million pounds of taro for the fresh market, with an estimated value of
$3.0 million.
This proposed rule would allow taro to be imported into the United
States from Indonesia. Production and export data for taro are not
available for Indonesia. Taro consumption is limited mostly to the
local areas, although Indonesia exports small quantities to Japan, Hong
Kong, Korea, Malaysia, Singapore and Taiwan. We anticipate that very
little, if any, taro would be exported to the United States as a result
of this rule. We anticipate, therefore, that allowing taro to be
imported from Indonesia would not have a significant economic impact on
domestic taro producers.
Plums
In 1987, 8,789 domestic producers harvested plums and prunes. It is
likely that most of these producers would be classified as small
entities by SBA standards. In 1992, domestic producers harvested 537
million pounds of plums and prunes for the fresh market, with an
estimated value of $67.7 million.
This proposed rule would allow plums to be imported into the United
States from Uruguay. Plum production and export data is not available
for Uruguay, and we anticipate that an insignificant amount of plums
would be exported to the United States as a result of this rule.
Consequently, we anticipate that allowing plums to be imported from
Uruguay would not have a significant economic impact on domestic plum
producers.
Tomatoes
In 1987, 14,542 domestic producers harvested tomatoes. It is likely
that most of these producers would be classified as small entities by
SBA standards. In 1992, domestic producers harvested 3.6 billion pounds
of tomatoes for the fresh market, with an estimated value of $1.3
billion.
This proposed rule would allow pink and red tomatoes to be imported
into the United States from the Almeria Province of Spain if they meet
with the stringent growing and shipping requirements outlined above.
Annual production in the Almeria Province of Spain averages between 4.4
million and 6.6 million pounds. Spanish officials anticipate that
annual tomato exports to the United States will range from 440,000 to
660,000 pounds and will occur from December to April.
If the volume of tomatoes to be imported from the Almeria Province
were to reach 660,000 pounds, it would constitute about 0.15 percent of
current total imports to the United States, about 0.018 percent of
current domestic production and about 0.016 percent of the current
total tomato supply in the United States (domestic and imports).
Assuming that an 0.016 percent increase in the supply of tomatoes
would lead to a decrease of about 0.046 percent in the domestic price
(using the price flexibility for tomatoes, -0.355), we estimate that
this increase in supply would result in a price decrease of about
$0.017 per cwt, or $0.00017 per pound, from an original price of $36.30
per cwt. As a result of the price decrease, there could be a decrease
in total revenue of tomato producers of about $600,000, which is
roughly 0.046 percent of the original total revenue of Sec. 1.3
billion. Therefore, we anticipate that allowing pink or red tomatoes to
be imported from Almeria, Spain would not have a significant economic
impact on domestic tomato producers.
The aggregate economic impact of this proposed rule is expected to
be positive. U.S. consumers would benefit from a greater availability
of fruits and vegetables. U.S. importers would also benefit from a
greater availability of fruits and vegetables to import. It is not
likely that any U.S. producers, large or small, of fruits and
vegetables would be affected in a significant economic way by the
easing of importation restrictions on these particular commodities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
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.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this proposed rule. The assessment provides a
basis for the conclusion that the importation of fruits and vegetables
under the conditions specified in this proposed rule would not present
a significant risk of introducing or disseminating plant pests and
would not have a significant impact on the quality of the human
environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the
Council on Environmental Quality for Implementing the Procedural
Provisions of NEPA (40 CFR Parts 1500-1508), (3) USDA Regulations
Implementing NEPA (7 CFR Part 1b), and (4) APHIS Guidelines
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection 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. In addition, copies may be obtained by writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
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, title 7, chapter III, of the Code of Federal
Regulations would be amended as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 would be revised to read as
follows:
Authority: 7 U.S.C. 150ee, 161, 162; 7 CFR 2.17, 2.51, and
371.2(c).
2. In Sec. 300.1, paragraph (a) would be revised to read as
follows:
Sec. 300.1 Materials incorporated by reference.
(a) The Plant Protection and Quarantine Treatment Manual, which was
revised and 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:
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).
4. In Sec. 319.56-2t, the table would be amended by adding, in
alphabetical order, the following:
Sec. 319.56-2t Administrative instructions: conditions governing the
entry of certain fruits and vegetables.
* * * * *
------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
------------------------------------------------------------------------
Argentina........ Artichoke, globe. Cynara scolymus. Immature flower
head.
* * * * * * *
Belize:
* * * * * * *
Mint............. Mentha spp...... Above ground
parts.
* * * * * * *
Indonesia........ Dasheen.......... Colocasia spp.,. Alocasia spp.,
and
and.............. ................. Xanthosoma spp.. Tuber
(Prohibited
entry into Guam
due to dasheen
mosaic virus.
Cartons in
which dasheen
is packed must
be stamped
``Not for
distribution in
Guam.'') .
* * * * * * *
Jamaica:
* * * * * * *
Ivy gourd........ Coccinia grandis Fruit.
* * * * * * *
Pointed gourd.... Trichosanthes Fruit.
dioica.
* * * * * * *
Mexico:
* * * * * * *
Tepeguaje........ Leucaena spp.... Fruit.
* * * * * * *
Peru:
Arugula.......... Eruca sativa.... Leaf and stem.
* * * * * * *
Chervil.......... Anthriscus spp.. Leaf and stem.
* * * * * * *
Lemongrass....... Cymbopogon spp.. Leaf and stem.
Mustard greens... Brassica juncea. Leaf.
* * * * * * *
South Africa..... Artichoke, globe. Cynara scolymus. Immature flower
head.
* * * * * * *
Spain............ Tomato........... Lycopersicon Green fruit
esculentum. (pink or red
fruit from
Almeria
Province may be
imported only
in accordance
with Sec.
319.56-2cc).
------------------------------------------------------------------------
* * * * *
5. In Sec. 319.56-2t, the table would be amended for the Cook
Islands and South Korea entries, under the heading Plant Part(s), by
adding a sentence to each as follows:
Sec. 319.56-2t Administrative instructions: conditions governing the
entry of certain fruits and vegetables.
* * * * *
------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
------------------------------------------------------------------------
* * * * * * *
Cook Islands:
* * * * * * *
Ginger........... ***............. *** Cartons in
which ginger is
packed must be
stamped ``Not
for
distribution in
PR, VI, or
Guam.'')
* * * * * * *
South Korea:
* * * * * * *
Dasheen ***.............. *** Cartons in
which dasheen
is packed must
be stamped
``Not for
distribution in
Guam.'' .
------------------------------------------------------------------------
* * * * *
6. In Sec. 319.56-2t, the table would be amended for the Israel and
Mexico entries, under the heading Common name, by removing the word
``Garden Rocket'' from both entries and adding ``Arugula'' in its place
in both entries.
7. In Sec. 319.56-2x, paragraph (a), the table would be amended by
adding, in alphabetical order, the following:
Sec. 319.56-2x Administrative instructions: conditions governing the
entry of certain fruits and vegetables for which treatment is required.
(a) * * *
------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
------------------------------------------------------------------------
* * * * * * *
Ecuador.......... Blueberry........ Vaccinium spp... Fruit.
* * * * * * *
Israel........... Cactus........... Opuntia spp..... Fruit.
* * * * * * *
Mexico........... Cherry........... Prunus avium.... Fruit.
* * * * * * *
Peru............. Blueberry........ Vaccinium spp... Fruit.
Taiwan........... Litchi........... Litchi chinensis Fruit.(Prohibite
d entry into
Florida due to
Eriophyes
litchii.
Cartons in
which litchi
are packed must
be stamped
``Not for
distribution in
FL'').
* * * * * * *
Thailand......... Asparagus........ Asparagus Shoot.
officinalis.
Uruguay.......... Plum............. Prunus domestica Fruit.
------------------------------------------------------------------------
* * * * *
8. A new Sec. 319.56-2cc, would be added to read as follows:
Sec. 319.56-2cc Administrative instructions: conditions governing the
entry of pink or red tomatoes from Spain.
(a) Pink or red tomatoes (fruit) (Lycopersicon esculentum) from
Spain may be imported into the United States only under the following
conditions:
(1) The tomatoes must be grown in the Almeria Province of Spain in
greenhouses registered with, and inspected by, the Spanish Ministry of
Agriculture, Fisheries, and Food (MAFF);
(2) The tomatoes may be shipped only from December 1 through April
30, inclusive;
(3) Two months prior to shipping, 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 areas
outside the greenhouses and within 8 kilometers, including urban and
residential areas, MAFF must place Medfly traps at a rate of four traps
per square kilometer. All traps must be checked every 7 days;
(4) Capture of a single medfly in a registered greenhouse shall
immediately cancel exports from that greenhouse until the source of
infestation is determined, all flies are eradicated, and measures are
taken to preclude any future infestation. Capture of a single fly
within 2 kilometers of a registered greenhouse will necessitate
increasing trap density in order to determine whether there is a
reproducing population in the area or if the single fly has been
introduced accidentally. Capture of two flies within 2 kilometers of a
registered greenhouse and within a 1 month time period shall cancel
exports from all registered greenhouses within 2 kilometers of the
find, until the source of infestation is determined and all flies are
eradicated;
(5) The tomatoes must be packed within 24 hours of harvest. They
must be safeguarded by a flyproof mesh screen or plastic tarpaulin
while in transit to the packing house and while awaiting packing, and
packed in flyproof containers for transit to the airport and subsequent
shipping to the United States.
(6) MAFF is responsible for export certification inspection and
issuance of phytosanitary certificates. A phytosanitary certificate
issued by MAFF and bearing the following declaration, ``These tomatoes
were grown in registered greenhouses in Almeria Province in Spain,''
must accompany the shipment.
(b) [Reserved]
Done in Washington, DC, this 25 day of April 1994.
Patricia Jensen,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10409 Filed 4-29-94; 8:45 am]
BILLING CODE 3410-34-P
