[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19511]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 319
[Docket No. 93-121-3]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are allowing, under certain conditions, the cold treatment
of imported fruits upon arrival at the port of Wilmington, NC. We have
determined that in the Wilmington, NC, area, there are climatic and
biological barriers that are adequate to prevent the introduction of
certain plant pests into the United States in the event they escape
from shipments of fruit before undergoing cold treatment. Also, we are
deleting the listings of cold treatments in the regulations and
replacing them with a reference to the cold treatments in the Plant
Protection and Quarantine Treatment Manual, which is incorporated by
reference.
EFFECTIVE DATE: September 9, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Victor Harabin, Head, Permit Unit,
Port Operations, Plant Protection and Quarantine, APHIS, USDA, room
631, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782; (301)
436-8645.
SUPPLEMENTARY INFORMATION:
Background
The Fruits and Vegetables regulations, contained in 7 CFR 319.56
through 319.56-8 (referred to below as ``the regulations''), prohibit
or restrict the importation of fruits and vegetables to prevent the
introduction and dissemination of injurious insects, including fruit
flies, that are new to or not widely distributed in the United States.
The Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture administers these regulations.
Under Sec. 319.56-2d of the regulations, APHIS allows certain
fruits to be imported into the United States if they undergo sustained
refrigeration (cold treatment) sufficient to kill certain insect pests.
Cold treatment temperature and refrigeration period requirements vary
according to the type of fruit and the pests involved.
On May 13, 1994, we published in the Federal Register (59 FR 24968-
24971, Docket No. 93-121-2) a proposal to amend the regulations to
allow the cold treatment of imported fruits upon arrival at the port of
Wilmington, NC. We also proposed to delete the listings of cold
treatments in the regulations and replace them with a reference to the
cold treatments in the Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference. We also proposed to make a
nonsubstantive editorial change.
We solicited comments concerning our proposal for a 30-day comment
period ending June 13, 1994. We received two comments by that date.
One, from a State agency, supports the rule. The other comment, from a
port authority, asked that we continue to consider allowing cold
treatment to be conducted at Gulfport, MS. We are still considering
whether to allow cold treatment to be conducted at Gulfport. 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.
Executive Order 12866 and Regulatory Flexibility Act
This 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.
We are allowing, under certain conditions, the cold treatment of
imported fruit upon arrival at the port of Wilmington, NC. As a result
of this action, a number of different fruits could be imported into
Wilmington, NC. Specifically, officials of the North Carolina State
Ports Authority in Wilmington, NC, anticipate that apples, grapes, and
pears from Argentina, Brazil, and South Africa will be imported and
cold treated at the port of Wilmington, NC.
Approximately 20 million pounds of each fruit could be imported
annually into Wilmington, NC, as a result of this action, though we
anticipate the amount will be much smaller. While some of the fruit
arriving at Wilmington, NC, will be imported in addition to the present
volume of annual imports into the United States, some will be shipments
diverted from other ports also approved to conduct cold treatment on
arrival. In the following analysis of the potential impact of this
action on domestic producers of apples, grapes and pears, in order to
demonstrate the greatest possible economic impact, we have assumed that
the maximum amount of fruit will be imported into Wilmington, NC, for
cold treatment, and further, that those commodities will be imported in
addition to the present volume of annual imports into the United
States.
Also in the following analysis, we have used published price
flexibilities to estimate the potential economic effects of allowing
apples, grapes, and pears to be cold treated at Wilmington, NC;
flexibilities are used to estimate relationships between changes in
supply and subsequent changes in price.
Apples
In 1987, 36,718 farms in the United States, of which 1,186 were in
North Carolina, harvested apples. Although it is not known how many of
these farms could be classified as small entities (annual gross
receipts of $0.5 million or less, according to Small Business
Administration (SBA) size standards), it is likely that most would. In
1992, domestic farms produced almost 5.78 billion pounds of apples for
the fresh market, with an estimated value of $1.13 billion.
If the volume of apples imported into Wilmington, NC, for cold
treatment were to reach 20 million pounds, it would constitute about
7.5 percent of current total imports into the United States, about 0.35
percent of current domestic production and about 0.33 percent of the
current total apple supply in the United States (domestic and imports).
Assuming that a 0.33 percent increase in the supply of apples would
lead to a decrease of about 0.20 percent in the domestic price of
apples (using a price flexibility for apples of -0.590, based on all
Eastern States' sales of North Carolina apples), 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
$0.195 per pound. As a result of the price decrease, there could be a
decrease in total revenue to U.S. apple producers of about $2.20
million, which is roughly 0.20 percent of the original total revenue of
$1.13 billion. We anticipate, therefore, that allowing apples to be
cold treated at Wilmington, NC, will not have a significant economic
impact on domestic producers or other small entities.
Grapes
In 1987, 23,236 farms in the United States, of which 286 were in
North Carolina, harvested apples. In 1992 domestic farms produced about
1.54 billion pounds of grapes for the fresh market, with an estimated
value of $327 million. Although it is not known how many of these farms
could be classified as small entities (annual gross receipts of $0.5
million or less, according to SBA size standards), it is likely that
most would.
If the volume of grapes to be imported were to reach 20 million
pounds, it would constitute about 2.9 percent of current total imports
to the United States, about 1.3 percent of current domestic production
and about 0.89 percent of the current total grape supply in the United
States (domestic and imports).
Assuming that a 0.89 percent increase in the supply of grapes would
lead to a decrease of about 0.88 percent in the domestic price of
grapes (using a price flexibility for California grapes of -0.981), we
estimate that this increase in supply would result in a price decrease
of about $3.73 per ton, or $0.0019 per pound, from an original price of
$425.62 per ton. As a result of the price decrease, there could be a
decrease in total revenue to U.S. grape producers of about $2.9
million, which is roughly 0.88 percent of the original total revenue of
$327 million. We anticipate, therefore, that allowing grapes to be cold
treated at Wilmington, NC, will not have a significant economic impact
on domestic producers or other small entities.
Pears
In 1987, 10,092 farms in the United States, 88 of which were in
North Carolina, harvested pears. In 1992, domestic farms produced about
890 million pounds of pears for the fresh market, with an estimated
value of $168 million. Although it is not known how many of these farms
could be classified as small entities (annual gross receipts of $0.5
million or less, according to SBA size standards), it is likely that
most would.
If the volume of pears to be imported were to reach 20 million
pounds, it would constitute about 15.4 percent of current total imports
to the United States, about 2.2 percent of current domestic production
and about 2.0 percent of the current total pear supply in the United
States (domestic and imports).
Assuming that a 2.0 percent increase in the supply of pears would
lead to a decrease of about 1.2 percent in the domestic price of pears
(using a price flexibility for California pears of -0.609), we estimate
that this increase in supply would result in a price decrease of about
$4.51 per ton, or $0.0023 per pound, from an original price of $377.61
per ton. As a result of the price decrease, there could be a decrease
in total revenue to U.S. pear producers of about $2.0 million, which is
roughly 1.19 percent of the original total revenue of $168 million. We
anticipate, therefore, that allowing pears to be cold treated at
Wilmington, NC, will not have a significant economic impact on domestic
producers or other small entities.
Therefore, in light of the preceding analyses (which estimate
greatest possible, and thus highly unlikely, economic effects), as well
as our expectation that most imports of fruit to Wilmington, NC, for
cold treatment will occur during the off-season for domestic
production, we anticipate that this action will not have a significant
economic impact on domestic producers of apples, grapes, and pears, or
other small entities.
Furthermore, we anticipate that allowing cold treatment at the port
of Wilmington, NC, could have beneficial economic effects. Importers
who routinely transport fruit to the Southeastern United States could
benefit from this action due to lower transportation costs. Freight
companies and shipping companies in North Carolina, as well as the
local economy, might also benefit. Also, consumers are likely to gain
from the increased selection of products and any price decreases,
albeit small, that occur with increases in supply.
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 final rule allows cold treatment of certain fruits to be
conducted at the port of Wilmington, NC. State and local laws and
regulations regarding the importation of fruits under this rule will be
preempted while the fruits are 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
This final 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 is amended as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 is revised to read as
follows:
Authority: 7 U.S.C. 150ee, 154, 161, 162, 167; 7 CFR 2.17, 2.51,
and 371.2(c).
2. In Sec. 300.1, paragraph (a) is 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 July 1994, 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 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).
4. In Sec. 319.56-2d, paragraph (a) is revised to read as follows:
Sec. 319.56-2d Administrative instructions for cold treatments of
certain imported fruits.
(a) Treatments authorized. Fresh fruits imported in accordance with
this subpart and required under this subpart to receive cold treatment
as a condition of entry must be cold treated in accordance with the
Plant Protection and Quarantine (PPQ) Treatment Manual, which is
incorporated by reference at Sec. 300.1 of this chapter. The cold
treatments listed in the PPQ Treatment Manual are authorized for any
fruit required to be cold treated under this subpart.
* * * * *
Sec. 319.56-2d [Amended]
5. In Sec. 319.56-2d, paragraph (b)(1), the second sentence is
amended by removing the phrase ``port of New York or such other
northern ports as he may hereafter designate'' and adding in its place
the phrase ``following ports: the port of Wilmington, NC; Atlantic
ports north of, and including, Baltimore, MD; 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, at Baltimore-Washington International and Dulles International
airports''.
6. In Sec. 319.56-2d, headings are added at the beginning of
paragraphs (b)(5)(i) through (b)(5)(iii), and a new paragraph
(b)(5)(iv) is added to read as follows:
Sec. 319.56-2d Administrative instructions for cold treatments of
certain imported fruits.
* * * *
(b) * * *
(5) Cold treatment after arrival. (i) Delivery.* * *
(ii) Precooling and refrigeration.* * *
(iii) Customs.* * *
(iv) Special requirements for the port of Wilmington, NC. Shipments
of fruit arriving at the port of Wilmington, NC, for cold treatment, in
addition to meeting all of the requirements in paragraphs (b)(5)(i)
through (b)(5)(iii) of this section, must meet the following special
conditions:
(A) Bulk shipments (those shipments which are stowed and unloaded
by the case or bin) of fruit must arrive packaged in fly-proof
packaging that prevents the escape of adult, larval, or pupal fruit
flies.
(B) Bulk and containerized shipments of fruits and vegetables must
be cold-treated within the port of Wilmington, NC, that is, the area
over which the Bureau of Customs is assigned the authority to accept
entries of merchandise, to collect duties, and to enforce the various
provisions of the customs and navigation laws in force.
(C) Advance reservations for cold treatment space at the port of
Wilmington, NC, must be made prior to the departure of a shipment from
its port of origin.
* * * * *
Sec. 319.56-2u [Removed and Reserved]
7. Section 319.56-2u is removed and reserved.
Sec. 319.56-2v [Amended]
8. In Sec. 319.56-2v, paragraph (b), the third sentence is amended
by removing the phrase ``North Atlantic ports north of and including
Baltimore, MD'' and adding in its place the phrase ``ports listed in
Sec. 319.56-2d(b)(1) of this subpart''.
9. Section 319.56-2x is amended as follows:
a. In paragraph (a), the table is amended for the Israel entry by
adding, in alphabetical order, a new commodity to read as set forth
below.
b. In paragraph (b), the first sentence is amended by adding the
phrase ``or the port of Wilmington, NC,'' immediately before the word
``if''.
Sec. 319.56-2x Administrative instructions: conditions governing the
entry of certain fruits and vegetables for which treatment is required.
(a) * * *
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Country/locality Common name Botanical name Plant part(s)
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* * * * *
Israel
* * * * *
Pummelo.......... Citrus grandis.. Fruit
* * * * *
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Done in Washington, DC, this 2nd day of August 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-19511 Filed 8-9-94; 8:45 am]
BILLING CODE 3410-34-P
