[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Proposed Rules]
[Pages 25561-25562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12083]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 97-011-1]
Importation of Coffee
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise the regulations for importing
coffee by removing unnecessary text, updating references to officials
of the Animal and Plant Health Inspection Service, and clarifying the
requirements for moving samples of unroasted coffee through Hawaii and
Puerto Rico to other destinations and the prohibitions on importing
coffee berries or fruits. These nonsubstantive changes would make the
regulations easier to read and understand, thereby facilitating
compliance.
DATES: Consideration will be given only to comments received on or
before July 8, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-011-1, 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. 97-011-1. 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. James Petit de Mange, Staff
Officer, Import-Export Team, PPQ, APHIS, 4700 River Road Unit 140,
Riverdale, MD 20737-1236; phone (301) 734-6799; fax (301) 734-5786; or
e-mail: jpdmange@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations contained in 7 CFR 319.73 through 319.73-4,
``Subpart-- Coffee'' (referred to below as the coffee regulations),
restrict the importation of coffee from foreign countries and
localities. The coffee regulations are intended to prevent the
introduction of coffee berry borers Hypothenemus hampei (Ferrari) and a
rust disease caused by the fungus Hemileia vastatrix (Berkeley and
Broome) into Hawaii and Puerto Rico, where coffee is commercially
grown.
Section 319.73-2 of the coffee regulations prohibits the
importation into Hawaii and Puerto Rico of unroasted coffee, coffee
berries or fruits, coffee plants and leaves, and empty sacks previously
used for unroasted coffee. Section 319.73-3 of the coffee regulations
allows samples of unroasted coffee to transit Hawaii or Puerto Rico in
the mail or as cargo, provided the samples are packaged so as to
prevent the escape of any plant pests that may be present in the
samples.
We propose to amend the coffee regulations to remove unnecessary
text, update references to officials of the Animal and Plant Health
Inspection Service (APHIS), and make other nonsubstantive changes to
clarify the transit provisions. In addition, we propose to amend the
import provisions to make it clear that coffee fruits or berries are
prohibited importation into all parts of the United States because they
present a significant risk of introducing the Mediterranean fruit fly,
which attacks a wide range of host material grown throughout the United
States. The regulations at 7 CFR 319.37-2(a), ``Subpart--Nursery Stock,
Plants, Roots, Bulbs, Seeds, and Other Plant Products,'' prohibit the
importation into the United States of seeds of all kinds when in pulp
from all countries of the world except Canada. This prohibition covers
coffee fruits or berries. However, the coffee regulations only prohibit
[[Page 25562]]
importations into Hawaii and Puerto Rico. The prohibition on importing
coffee fruits or berries into other parts of the United States may not
be clear to the public because it is not stated in the coffee
regulations. Therefore, we propose to state in Sec. 319.73-2 that
coffee fruits or berries are prohibited importation into all parts of
the United States in accordance with 7 CFR 319.37-2(a). These changes
would clarify the regulations and make them easier to understand,
thereby facilitating compliance.
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.
This proposed rule would update and clarify the regulations for
importing coffee into the United States and for moving samples of
unroasted coffee through Hawaii and Puerto Rico in transit to other
destinations. This proposed rule would make no substantive changes in
import or transit requirements. Therefore, it should have no economic
impact on any United States entities, whether large or small.
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 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery Stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly 7 CFR part 319 would be revised to read as follows:
PART 319--FOREIGN QUARANTINE NOTICES
Subpart--Coffee
Sec.
319.73-1 Definitions.
319.73-2 Products prohibited importation.
319.73-3 Conditions for transit movement of certain products
through Puerto Rico or Hawaii.
319.73-4 Costs.
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 319.73-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
employee of the United States Department of Agriculture delegated to
act in his or her stead.
Inspector. Any individual authorized by the Administrator to
enforce this subpart.
Sample. Unroasted coffee not for commercial resale. Intended use
includes, but is not limited to, evaluation, testing, or market
analysis.
United States. The States, District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, and the Virgin Islands of the United
States.
Unroasted coffee. The raw or unroasted seeds or beans of coffee.
Sec. 319.73-2 Products prohibited importation.
(a) To prevent the spread of the coffee berry borer Hypothenemus
hampei (Ferrari) and the fungus Hemileia vastatrix (Berkely and
Broome), which causes an injurious rust disease, the following articles
are prohibited importation into Hawaii and Puerto Rico, except as
provided in Sec. 319.73-3 of this subpart:
(1) Unroasted coffee;
(2) Coffee plants and leaves; and
(3) Empty sacks previously used for unroasted coffee.
(b) Due to the risk of Mediterranean fruit fly, coffee berries or
fruits with pulp are prohibited importation into all parts of the
United States by Sec. 319.37-2(a) of this part.
Sec. 319.73-3 Conditions for transit movement of certain products
through Puerto Rico or Hawaii.
(a) Mail. Samples of unroasted coffee that are transiting Hawaii or
Puerto Rico en route to other destinations and that are packaged to
prevent the escape of any plant pests may proceed without action by an
inspector. Packaging that would prevent the escape of plant pests
includes, but is not limited to, sealed cartons, air tight containers,
or vacuum packaging. Samples of unroasted coffee received by mail but
not packaged in this manner are subject to inspection and safeguard by
an inspector. These samples must be returned to origin or forwarded to
a destination outside Hawaii or Puerto Rico in a time specified by an
inspector and in packaging that will prevent the escape of any plant
pests. If this action is not possible, the samples must be destroyed.
(b) Cargo. Samples of unroasted coffee that are transiting Hawaii
or Puerto Rico as cargo and that remain on the carrier may proceed to a
destination outside Hawaii or Puerto Rico without action by an
inspector. Samples may be transshipped in Puerto Rico or Hawaii only
after an inspector determines that they are packaged to prevent the
escape of any plant pests. Samples that are not packaged in this manner
must be rewrapped or packaged in a manner prescribed by an inspector to
prevent the escape of plant pests before the transshipment will be
allowed.
(c) Other mail, cargo, and baggage shipments of articles covered by
Sec. 319.73-2 arriving in Puerto Rico or Hawaii may not be unloaded or
transshipped in Puerto Rico or Hawaii and are subject to inspection and
other applicable requirements of the Plant Safeguard Regulations (part
352 of this chapter).
Sec. 319.73-4 Costs.
All costs of inspection, packing materials, handling, cleaning,
safeguarding, treating, or other disposal of products or articles under
this subpart will be borne by the owner or a responsible representative
of the commodity. The services of an inspector during regularly
assigned hours of duty and at the usual places of duty will be
furnished without cost to the importer.
Done in Washington, DC, this 5th day of May 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-12083 Filed 5-8-97; 8:45 am]
BILLING CODE 3410-34-P
