This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

65053

Vol. 69, No. 217

Wednesday, November 10, 2004

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 27 to 52

Republication

CFR Correction 

Title 7, parts 27 to 52, revised as of 

January 1, 2004, is being republished in 

its entirety. The earlier issuance 

inadvertently omitted Table III 

contained in § 52.1853 and subsequent 

sections 52.1854 through 52.1858, 

52.3181 through 52.3188, and 52.3751 

through 52.3764. The omitted table and 

text should immediately follow 

§ 52.1853(c) on page 576.

[FR Doc. 04–55525 Filed 11–9–04; 8:45 am] 

BILLING CODE 1505–01–D

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. 02–106–2] 

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health 

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending 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, will be inspected 

and subject to treatment at the port of 

first arrival as may be required by an 

inspector. In addition, some of the fruits 

and vegetables will be required to meet 

other special conditions. We are also 

recognizing areas in Peru as free from 

the South American cucurbit fly. These 

actions will provide the United States 

with additional types and sources of 

fruits and vegetables while continuing 

to protect against the introduction of 

quarantine pests through imported fruits 

and vegetables.

EFFECTIVE DATE: December 10, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Karen Bedigian, Import Specialist, 

Phytosanitary Issues Management, PPQ, 

APHIS, 4700 River Road Unit 140, 

Riverdale, MD 20737–1228; (301) 734–

4382.

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (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 spread of plant pests that are new 

to or not widely distributed within the 

United States. 

On December 18, 2003, we published 

in the Federal Register (68 FR 70448–

70463, Docket No. 02–106–1) a proposal 

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 

also proposed to recognize areas in Peru 

as free from the South American 

cucurbit fly. 

We solicited comments concerning 

our proposal for 60 days ending 

February 17, 2004. We received five 

comments by that date. They were from 

representatives of State governments, an 

industry organization, and individuals. 

They are discussed below by topic. 

Grapes From South Korea 

One commenter stated that it is 

impossible to determine the efficacy of 

the proposed risk mitigation method for 

grapes from South Korea until a peer 

review of the supporting data is 

conducted. The commenter further 

stated that data on risk mitigation for 

Korean grapes should be published 

prior to rulemaking in order to increase 

the transparency of the regulation. 

We do not agree that a peer review of 

the supporting data is necessary in order 

for the efficacy of the phytosanitary 

measures for grapes from South Korea to 

be determined. In the proposed rule, we 

cited the pests of concern identified in 

our risk assessment and described the 

phytosanitary measures that would be 

required to guard against the entry of 

those pests, but we did not explicitly 

link the role of each measure in 

addressing the risk presented by each 

identified pest of concern. We are 

providing those connections below. 

The quarantine pests of concern for 

grapes grown in South Korea are yellow 

peach moth (Conogethes punctiferalis), 

grapevine moth (Eupoecilia ambiguella), 

leaf-rolling tortix (Sparganothis 

pilleriana), apple heliodinid 

(Stathmopoda auriferella), the plant 

pathogenic fungus Monilinia fructigena

and the moth Nippoptilia vitis. 

Each of these pests exhibits symptoms 

that are macroscopic and detectable 

upon visual inspection. Specifically: 

• Yellow peach moth larvae bore into 

and tunnel the stems and fruits of host 

plants. Larvae on the fruit burrow into 

the green berries, causing them to split, 

shrivel, or fall off when damaged. 

• Grapevine moth larvae feed on 

flowers and later on developing fruit. 

Larvae cause surface damage to leaves 

and fruit. Additionally, larvae may 

produce webbing on the flower buds 

and newly set fruit, which often causes 

affected parts to drop from the vine. 

• Leaf-rolling tortix and Nippoptilia 

vitis larvae cause damage to the leaves, 

fruit, and stem. 

• Apple heliodinid larvae cause 

webbing of the flower buds and newly 

set fruit, often causing affected plant 

parts to drop from the vine and burrow 

into the green berries, which may split, 

shrivel, or fall off when damaged. 

• Monilinia fructigena causes raised 

light brown pustules on the fruit that 

often expand enclosing the fruit to form 

a dark, wrinkled, hard mummified fruit 

There are three measures in our 

regulatory approach that individually 

and collectively mitigate the risk posed 

by each of the six pests. First, field 

inspections have proven effective since, 

as detailed above, the damage these 

pests cause makes their presence 

obvious. Second, fruit is bagged from 

the time the fruit sets until harvest. 

Since bagging is done when the fruit is 

very young, the risk of exposure to 

arthropods and diseases is reduced. 

Third, fruit is inspected and certified to 

be free of the pests of concern by South 

Korea’s national plant protection 

organization (NPPO). In addition, an 

65054 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

additional inspection of a sample of 

fruit from each consignment will be 

conducted upon its arrival in the United 

States. 

These measures have proven to be 

effective in guarding against similar 

pests of concern on sandpears from 

South Korea and Japan (yellow peach 

moth and Monilinia fructigena, as well 

as two other moths and a leafroller). We 

have been importing Japanese and 

Korean sandpears under a similar 

systems approach for over 10 years with 

no significant phytosanitary problems. 

Finally, we disagree with the 

commenter’s statement that we should 

have published data on risk mitigation 

prior to publication of the proposed 

rule. On June 19, 2001, we published in 

the Federal Register (66 FR 32923–

3928, Docket No. 00–082–1) a notice 

entitled ‘‘Procedures and Standards 

Governing the Consideration of Import 

Requests’’ wherein we established 

policies for the publication of risk 

documents, among other things. In that 

document we set out ‘‘routine’’ and 

‘‘nonroutine’’ as the two categories of 

risk assessments. The terms ‘‘routine’’

and ‘‘nonroutine’’ do not necessarily 

connote different types of risk 

assessments, but nonroutine 

assessments are associated with issues 

that may require greater resources. In 

determining the type of risk assessment, 

we consider the following factors: 

Economic value of the affected crop(s), 

public interest, environmental and 

public health importance, level of 

uncertainty, local importance, and 

precedence (i.e., whether the 

commodity/origin combination in 

question, or a similar combination, has 

ever been addressed in previous risk 

assessments and/or whether the 

assessment will require the use of new 

or different methodologies). Only for 

nonroutine assessments do we make the 

risk assessments available for public 

review and comment in advance of 

rulemaking. Since the issues addressed 

in our proposed rule were determined to 

be routine, we did not make the risk 

documents prepared for this proposal 

available in advance of the proposed 

rule’s publication.

A second commenter said that the 

term field needs to be defined. The 

commenter also objected to the fact that 

grapes from a field found to contain 

evidence of infestation may be 

reapproved for export following one 

negative inspection. 

A definition for the term field can be 

found in the definitions portion of the 

regulations at § 319.56–1. Field is 

defined as a plot of land with defined 

boundaries within a place of production 

on which a commodity is grown. 

We believe one negative inspection is 

enough to reapprove a field for export. 

Under the systems approach laid out in 

this document and in the proposed rule, 

if evidence of any of the pests of 

concern is detected during field 

inspection, the field will immediately 

be rejected, and exports from that field 

will be canceled until visual inspection 

of the vines shows that the infestation 

has been eradicated. There are a variety 

of measures growers may utilize to 

eliminate infestation on the leaves, 

stems, and fruits on the vine. These 

measures include contact pesticides in 

the case of insect infestation, fungicides 

in the case of fungal infestation, 

sanitation measures, weed removal, 

pruning, trapping, and/or bait stations. 

One or more of these measures would 

serve to eradicate the pests of concern. 

As expressed previously, evidence of 

the presence of all of the pests of 

concern is readily visible; thus we 

believe that a single inspection would 

be all that is necessary to determine 

whether a field could be reapproved for 

participation in the program. 

Commodity-Specific Pest Pathways 

One commenter stated that beets (Beta 

vulgaris) from Mexico and turnips 

(Brassica spp.) from Peru should be 

removed from the list of commodities 

enterable subject to inspection in 

§ 319.56–2t since they are both hosts of 

the potato pathotype of the false rootknot nematode (Nacobbus aberrans). 

Of the two commodities cited by the 

commenter, only beets from Mexico are 

being added to the list in § 319.56–2t in 

this rulemaking. Turnips from Peru 

have been eligible for importation under 

the regulations for 11 years and were 

listed in the proposed rule only because 

we set out § 319.56–2t in its entirety due 

to our revision of that section’s format. 

By International Plant Protection 

Convention (IPPC) standards, a 

quarantine pest is considered to be ‘‘a 

pest of potential economic importance 

to the area endangered thereby and not 

yet present there, or present but not 

widely distributed and being officially 

controlled.’’ Since the potato pathotype 

of the false root-knot nematode is 

already present in the United States and 

not subject to an official control 

program, we do not consider it to be a 

quarantine pest, therefore we do not 

regulate imports to protect against entry 

of this pest. 

Another commenter stated that snow 

peas (Pisum sativum subsp. sativum) 

from Columbia; cole and mustard crops, 

including cabbage, broccoli, cauliflower, 

turnips, mustards, and related varieties 

(Brassica spp.) from Ecuador, Costa 

Rica, El Salvador, Peru, and Jamaica; 

Allium spp. from Israel, Mexico, 

Belgium, and the Netherlands; Swiss 

chard (Beta vulgaris) from Peru; beets 

(Beta vulgaris) from Mexico; and 

cucurbits (Cucurbitaceae) from Mexico 

should be removed from the list of 

commodities enterable subject to 

inspection found at § 319.56–2t since 

they are hosts of the pea leaf miner 

(Liriomyza huidobrensis Blanchard), 

which does not occur in the United 

States. Another commenter stated that 

the regulations should specify which 

types of cucurbits are allowed entry into 

the United States from Mexico. 

The only commodities listed by the 

commenter that are added in this 

rulemaking are Allium spp. from 

Mexico and beets from Mexico. The 

other commodities have been eligible 

for importation prior to this rulemaking 

and were listed in the proposed rule 

only because we set out § 319.56–2t in 

its entirety due to our revision of that 

section’s format. Specifically, cucurbits 

from Mexico have been eligible for 

importation under the regulations for 30 

years. With regard to Allium spp. and 

beets from Mexico, as above, our records 

indicate that the pea leaf miner is 

already present in the United States and 

not subject to an official control 

program, therefore, we do not consider 

it to be a quarantine pest. 

The commenter additionally stated 

that the importation of watermelon from 

Korea is of concern because of the 

presence of the pumpkin fruit fly 

(Bactrocera depressa). The commenter 

asked APHIS to clarify the type of fruit 

fly trap required, as well as to provide 

evidence of its efficacy in trapping the 

pumpkin fruit fly. 

We have considered the commenter’s 

point and have modified the trapping 

procedure outlined in the proposed rule 

to specify that the fruit fly traps used 

must be McPhail traps or a similar type 

with a protein bait that has been shown 

to be efficacious in trapping the 

pumpkin fruit fly. APHIS has employed 

the McPhail trap for decades. It is a 

generalist trap with a food bait that 

catches all fruit feeding tephritids. We 

use these traps to catch a variety of fruit 

flies around the world such as various 

Bactrocera spp. that are not known to be 

attracted by a specific parapheromone 

lure. 

One commenter stated that since the 

domestic Mexican fruit fly (Mexfly) 

regulations at 7 CFR 301.64–2 and the 

melon fruit fly regulations at 7 CFR 

301.97–2 list Annona spp. as hosts to 

those flies, we should have included an 

analysis of the risk associated with 

importation of Annona spp. from 

Grenada based on the possible presence 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65055

of Mexfly and melon fruit fly in that 

country. 

Our research indicates that neither 

Mexfly nor melon fruit fly occur in 

Grenada. Since there is no scientific 

evidence of the existence of these pests 

in the area in question, there is no need 

for further analysis of the risks posed by 

those pests in this case. 

Another commenter claimed that the 

mitigation methods described in the 

proposal with regard to cucurbits 

(Cucurbitaceae) from South Korea do 

not provide adequate protection against 

cucumber green mottle mosaic virus 

(tobamovirus). 

Cucumber green mottle mosaic virus 

is seedborne with no known biological 

vectors; it can also be mechanically 

transmitted. Symptoms of infection are 

yellowed leaves and shriveled fruit. 

These are macroscopic and detectable 

upon inspection. Further, the 

commodities in question must meet the 

following conditions: 

• The commodities in question must 

be grown within pest-proof greenhouses 

registered with Korea’s NPPO.

• The NPPO must also inspect and 

regularly monitor those greenhouses 

and plants, including fruit, at intervals 

of no more than 2 weeks from the time 

of fruit set until the end of harvest. 

• Each shipment must be 

accompanied by a phytosanitary 

certificate issued by the NPPO, with an 

additional declaration stating that the 

commodities were grown in a registered 

greenhouse. 

Growing plants in registered 

greenhouses will result in additional 

scrutiny for symptoms and infected 

plants will most likely be discovered 

and removed. The risk of seed 

transmission is negligible since the 

cucurbits will be imported only for 

consumption. APHIS is confident that 

the inspection and certification 

measures will serve as sufficient 

mitigation against cucumber green 

mottle mosaic virus. 

Another commenter stated that the 

recent discovery in certain parts of 

Mexico of a new phytoplasma related to 

but distinct from lethal yellowing 

disease, which affects coconuts, should 

be taken into consideration. The 

commenter claimed that this new 

phytoplasma on coconuts was not 

included in our risk assessment. 

The Malayan dwarf and Maypan 

varieties of coconut resistant to the 

lethal yellowing phytoplasma are also 

resistant to the new phytoplasma of 

concern. Under the requirements set out 

in the rule portion of this document, 

coconut fruit with milk and husk must 

be accompanied by a phytosanitary 

certificate issued by Mexico that 

includes an additional declaration 

stating that the fruit is of the Malayan 

dwarf variety or Maypan variety based 

on verification of the parent stock. This 

requirement provides sufficient 

protection against the spread of 

mycoplasmalike organisms. 

Shipping and Importation Procedures 

One commenter questioned whether 

roots and soil were included in our 

consideration of a whole plant imported 

specifically from Mexico. 

The commodities that were listed in 

the proposed rule as enterable from 

Mexico as whole plants were Allium

spp., asparagus, beets, carrots, 

eggplants, jicama, parsley, radishes, and 

tomatoes. All of these commodities have 

been previously allowed entry under 

permit. Their addition to the regulations 

is solely in order to improve 

transparency. 

Currently, the only whole plants 

allowed importation from Mexico are 

Allium spp., beets, carrots, parsley, and 

radishes. These commodities are root 

crops and, as such, are enterable as 

whole plants intended for consumption. 

The other commodities listed enterable 

as whole plants in the proposed rule 

(asparagus, eggplants, jicama, and 

tomatoes) were listed as such in error. 

We have amended the listings in this 

final rule in order to correctly list the 

plant parts that, historically, have come 

in under permit. Soil is prohibited entry 

with any commodity listed at § 319.56–

2t. 

Another commenter claimed that the 

risk of pest contamination is greater in 

the case of commercial shipments since 

the amount of commodities is greater 

than that associated with noncommercial shipments. 

Risk of pest dissemination associated 

with commercial shipments is generally 

lower since commercial growers are 

more likely to utilize proper 

phytosanitary practices, are aware of 

pest problems and the methods used to 

control them, and are generally more 

experienced in dealing with the 

importation of various commodities. By 

contrast, noncommercial shipments are 

principally comprised of commodities 

hand-carried into the United States by 

private citizens. There are far fewer 

safeguards and assurances associated 

with such commodities. By contrast, 

commercial shipments provide a far 

higher level of phytosanitary security. 

One commenter stated that lack of 

funding at the ports of first arrival in the 

United States means that many 

shipments cannot be or are not 

inspected. 

While the Department of Homeland 

Security (DHS) conducts a majority of 

inspections of agricultural commodities 

at the ports of first arrival, inspectors 

follow established and effective APHIS 

protocols regarding inspection rates and 

procedures. APHIS continues to work 

with DHS to ensure that the United 

States is protected against pests of 

concern from agricultural imports. 

Currently, DHS is sufficiently staffed at 

all ports and fully capable of providing 

the necessary inspection services. 

Pest Risk Assessments 

One commenter observed that no 

statistics on the pest free status of 

commercial shipments were included in 

our risk assessments. The commenter 

stated that such information should be 

available prior to any approval granted 

for the importation of new commodities. 

Pest risk assessments are prepared for 

those commodities that have not been 

imported previously into the United 

States. For that reason there are no pest 

interception data available to include in 

our risk assessments. 

Another commenter cited the court 

decision on APHIS’s rule authorizing 

the importation of citrus from Argentina 

(Harlan Land Company, et al. vs. United 

States Department of Agriculture) 

(referred to below as Harlan Land Co.), 

and claimed that according to the 

decision in that case, APHIS must 

define what it considers to be a 

‘‘negligible level of risk’’ in the context 

of a rule authorizing the importation of 

fruit from a disease and pest infested 

area. The commenter stated that APHIS 

must thus define what it considers to be 

an acceptable level of risk, and it must 

adequately explain that determination, 

and claimed that the proposed rule does 

not do so. 

We disagree with this comment. In 

the court decision on APHIS’s rule 

authorizing the importation of 

clementines from Spain (Cactus Corner, 

LLC, et al. vs. United States Department 

of Agriculture), the court concluded 

that, ‘‘[n]either law nor logic requires an 

agency to quantify a numeric threshold 

of ‘acceptable risk’ every time risk 

prevention is sought to be achieved by 

an agency rule.’’

The commenter went on to advise that 

we should consider all types of pests, 

not just those pests that are known to be 

dangerous. He argued that pests that 

pose no danger in their countries of 

origin may prove harmful to domestic 

plants if they become established in the 

differing environment in the United 

States. 

We do not regulate imports based on 

unknown or speculative risks. We 

regulate based on sound scientific 

evidence, consistent with our authority 

under the Plant Protection Act. We are 

65056 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

confident that the mitigation measures 

detailed in the rule are sufficient to 

protect against the scientifically 

determined pests of concern. 

The commenter cited our failure to 

consider appropriate monitoring as a 

mitigation against infestation and stated 

that the environmental assessment does 

not examine the necessity of monitoring 

at each stage of the importation process. 

Monitoring, as described by the 

commenter, is not required in all cases. 

Program monitoring is required only 

when it is found to be necessary 

according to pest risk analysis. There is 

no need to examine the need for 

monitoring in the absence of an 

identified risk. In the case of this rule, 

we have determined that all risks are 

mitigated sufficiently by the measures 

described. Our risk assessments found 

the probability of artificial spread of 

pests via these commodities to be low. 

Therefore, monitoring at each stage of 

the import process as suggested by the 

commenter becomes unnecessary. We 

are confident that the mitigation 

measures, including port of entry 

inspection, described in the rule and 

considered in the environmental 

assessment are sufficient to protect 

against the quarantine pests of concern.

The commenter stated that a 

monitoring program must provide a 

system by which the public may review 

and respond to the findings of that 

monitoring. 

Our Cooperative Agricultural Pest 

Survey (CAPS) reports finds and 

movements of damaging foreign 

organisms from all 50 States and U.S. 

territories. CAPS tracks more than 4,000 

pests nationwide. The CAPS survey data 

collected each year are entered into the 

National Agricultural Pest Information 

System (NAPIS) database which is 

available on the Internet at http://

www.aphis.usda.gov/ppq/.

Providing constant formal reports on 

the results of our monitoring efforts 

beyond what is available through CAPS/

NAPIS would be costly and timeconsuming. Our current rulemaking 

mechanism allows us to make or 

propose changes to the regulations that 

are based on our consideration of a 

variety of complex and changeable 

factors, including the findings of 

monitoring programs. 

The commenter suggested that we 

alter our approach to importation by 

phasing in the approved fruit and 

vegetable imports from each country 

over successive years in order to ensure 

that any pests imported with the newly 

allowed commodities will not prove to 

be injurious once introduced into the 

United States. 

As a signatory to the IPPC, the United 

States has agreed not to prescribe or 

adopt phytosanitary measures 

concerning the importation of plants, 

plant products, and other regulated 

articles unless such measures are made 

necessary by phytosanitary 

considerations and are technically 

justified. Based on the conclusions of 

our risk analyses, we do not believe that 

there is a technical justification for the 

phasing in of imports as suggested by 

the commenter. 

Environmental Assessment 

One commenter raised issues 

regarding the environmental assessment 

that we prepared to document our 

review and analysis of the potential 

environmental impacts associated with 

the proposed rule. A detailed analysis of 

the issues raised by the commenter can 

be found later in this document under 

the heading ‘‘National Environmental 

Policy Act.’’

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

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 

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. 604, we 

have performed a final regulatory 

flexibility analysis, which is set out 

below, regarding the economic effects of 

this rule on small entities. 

We are amending 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, 

will be inspected and subject to 

treatment at the port of first arrival as 

may be required by an inspector. In 

addition, some of the fruits and 

vegetables will be required to meet other 

special conditions. We are also 

recognizing areas in Peru as free from 

the South American cucurbit fly. These 

actions will provide the United States 

with additional types and sources of 

fruits and vegetables while continuing 

to protect against the introduction of 

quarantine pests through imported fruits 

and vegetables. 

We have used all available data to 

estimate the potential economic effects 

of allowing the fruits and vegetables 

specified in this rule to be imported into 

the United States. However, some of the 

data we believe would be helpful in 

making this determination have not 

been available. Specifically, data are not 

available on: (1) The quantity of certain 

fruits and vegetables produced 

domestically; (2) the quantity of 

potential imports; and (3) the degree to 

which imported fruits and vegetables 

will displace existing imported or 

domestic products. In our proposed 

rule, we asked the public to provide 

such data for specific commodities. In 

addition, we invited the public to 

comment on the potential effects of the 

proposed rule on small entities, in 

particular the number and kind of small 

entities that may incur benefits or costs 

from the implementation of the 

proposed rule. However, we did not 

receive any additional information or 

data in response to those requests. 

Effects on Small Entities 

Data on the number and size of U.S. 

producers of the various commodities 

that will be eligible for importation into 

the United States under this rule are not 

available. However, since most fruit and 

vegetable farms are small by Small 

Business Administration standards, it is 

likely that the majority of U.S. farms 

producing the commodities discussed 

below are small entities. The potential 

economic effects of this final rule are 

discussed below by commodity and 

country of origin. 

African horned cucumber from Chile.

We are to amending the regulations to 

allow the entry of African horned 

cucumber from Chile. African horned 

cucumber is a specialty crop that is 

grown in small quantities. Less than 20 

acres of the fruit are cultivated in 

California, and less than 10 acres in 

Region V (Olmue) and Region X 

(Osorno) of Chile have been cultivated 

since 1996. Approximately 32,000 

pounds of fruit are expected to be 

shipped to the United States annually 

from March to May. There is no reason 

to believe that allowing imports of 

African horned cucumber from Chile 

will have any significant economic 

impact on U.S. entities. In addition, we 

believe that U.S. consumers of African 

horned cucumber will benefit from the 

increase in its supply and availability. 

Annona spp. from Grenada. We are 

amending the regulations to allow the 

entry of commercial shipments of 

cherimoya, soursop, custard apple, 

sugar apple, and atemoya, which are 

species of Annona, into the United 

States from Grenada. In the United 

States, Annona spp. are apparently a 

specialty crop produced on a small scale 

mainly in southern California; thus no 

data on the U.S. production of Annona

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65057

spp. are available. Although no separate 

data are available on the production and 

trade of Annona spp. from Grenada, 

data may have been included with the 

production of all apples. From 2001 to 

2003, Grenada produced an average of 

533 metric tons of apples. In addition, 

Annona spp. exports may be included 

under the category of ‘‘apples, not 

elsewhere specified,’’ which includes 

wild apples. The 3-year average for 

exports of apples, not elsewhere 

specified, from Grenada is 5 metric tons. 

We believe that any exports to the 

United States will be minimal and will 

not have any significant economic effect 

on U.S. producers, whether small or 

large, or consumers. In addition, we 

believe that U.S. consumers of Annona

spp. will benefit from the increase in 

their supply and availability. 

Fruit and vegetables from Mexico. We 

are specifically listing Allium spp., 

asparagus, banana, beets, carrots, 

coconut fruit without husk, cucurbits, 

eggplant, grape, jicama, lemon, sour 

lime, parsley, pineapple, prickly pear 

pads, radish, tomato, and tuna as 

admissible fruits and vegetables from 

Mexico. Because these fruits and 

vegetables have been admissible into the 

United States from Mexico under 

permit, specifically listing these 

commodities in the regulations will not 

have any economic effect on U.S. 

producers, whether small or large, or 

consumers. While production and trade 

data are not available for jicama, prickly 

pear, and tuna from Mexico or the 

United States, data are shown for the 

other commodities, as available, in table 

1. The data provided in table 1 are based 

on either a 2- or 3-year average. The 

averages presented for most U.S. and 

Mexican production and trade, as well 

as for tomato exports from Mexico, are 

for the 3-year period of 2000, 2001, and 

2002. A 2-year average for 2000 and 

2001 is given for exports from Mexico 

(except tomatoes), U.S. production of 

parsley and beets, and U.S. imports of 

parsley and cucurbits.

TABLE 1.—U.S. AND MEXICAN PRODUCTION AND TRADE DATA (IN METRIC TONS) OF FRUITS AND VEGETABLES

Commodity U.S.

production 

U.S. imports 

from all

countries 

U.S. imports 

from Mexico 

Mexican

production 

Mexican

exports 

Allum spp.: 

Shallot and green onion ............................................... 444,429 257,784 159,953 1,021,605 599,491 

Garlic ............................................................................. 258,680 37,806 14,776 50,894 27,544 

Leek and other alliaceous vegetables .......................... (1) 3,040 2,752 (1) 87,455 

Asparagus ............................................................................ 103,060 75,086 38,231 57,545 44,378 

Banana ................................................................................. 12,850 4,232,383 74,560 1,961,201 126,368 

Beets .................................................................................... 101,738 20,341 15,254 (1) 775,100 

Carrot ................................................................................... 1,913,700 85,037 23,508 358,054 201,944 

Coconut ................................................................................ 0 63,075 4,854 1,058,667 87,584 

Cucurbits: 

Melon and watermelons ............................................... 2,969,250 882,350 363,902 1,469,700 572,529 

Cucumbers and gherkins .............................................. 1,078,800 15,035 1,924 416,667 7,880 

Pumpkins, squash, and gourds .................................... 761,253 223,697 148,343 550,000 372,294 

Eggplant ............................................................................... 77,290 40,233 36,863 59,000 135,697 

Grape ................................................................................... 6,495,380 987,124 191,477 427,497 117,510 

Lemon and lime ................................................................... 572,250 218,816 184,814 1,658,420 733,184 

Parsley ................................................................................. 14,210 5,897 (1) (1) (1) 

Pineapple ............................................................................. 302,500 348,617 19,923 598,629 117,510 

Radish .................................................................................. 53,781 15,338 14,654 (1) (1) 

Tomato ................................................................................. 10,590,000 804,548 664,362 2,085,831 1,551,685 

1 Not available. 

Coconut fruit with milk and husk 

from Mexico. Coconut fruit without 

husk have been admissible into the 

United States from Mexico under 

permit. In this final rule, we are 

amending the regulations to allow 

coconut fruit with milk and husk from 

Mexico to be imported into the United 

States. While the data on coconut 

production and trade do not 

differentiate between coconut fruit with 

or without husk and milk, it is possible 

that an increase in imports of coconuts 

into the United States from Mexico will 

occur, since coconut fruit with milk and 

husk have previously been inadmissible 

from Mexico. Because the U.S. 

production of coconut fruit with milk 

and husk is supplemented with imports 

in order to satisfy the domestic demand, 

we do not believe that allowing the 

importation of coconut fruit with milk 

and husk from Mexico will have a 

significant effect on either U.S. 

consumers or producers. In addition, we 

believe that U.S. consumers will benefit 

from the increase in the supply and 

availability of coconut fruit with milk 

and husk from Mexico. 

Pitaya from Mexico. In the United 

States, pitaya are a specialty crop 

produced on a small scale; thus no data 

on the U.S. production of pitaya are 

available. Mexican production and trade 

data are also not available. 

Melon and watermelon from Peru. We 

are amending the regulations to allow 

the entry of commercial shipments of 

watermelon and several varieties of 

melon (Cucumis melo L. subsp. melo) 

into the United States from Peru. The 

specific varieties of melons that will be 

considered for importation include 

cantaloupe, netted melon (muskmelon, 

nutmeg melon, and Persian melon), 

vegetable melon (snake melon and 

oriental pickling melon), and winter 

melon (honeydew and casaba melon). 

The melon and watermelon from Peru 

will be admissible from the Departments 

of Lima, Ica, Arequipa, Moquegua, and 

Tacna, which we recognize as free of the 

South American cucurbit fly. 

From 2001 to 2003, the United States 

produced an average of almost 3 million 

metric tons of melon and watermelon 

and imported an average of 882,350 

metric tons. For that same 3-year period, 

Peru produced an average of 72,337 

metric tons of melon and watermelon. 

For the 2-year period of 2000 and 2001, 

Peru exported an average of 1,393 

metric tons of melon and watermelon. 

Because the U.S. production of melon 

and watermelon is supplemented with 

imports in order to satisfy the domestic 

demand, we do not believe that 

allowing the importation of melon and 

watermelon from certain areas of Peru 

65058 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

will have a significant effect on either 

U.S. consumers or producers. In 

addition, we believe that U.S. 

consumers of melon and watermelon 

will benefit from the increase in its 

supply and availability. 

Watermelon, squash, cucumber, and 

oriental melon from the Republic of 

Korea. We are amending the regulations 

to allow watermelon, squash, cucumber, 

and oriental melon to be imported into 

the United States from the Republic of 

Korea (South Korea) under certain 

conditions. Table 2 shows the average 

U.S. and South Korean production and 

trade data available for the 3-year period 

of 2000, 2001, and 2002, with a 2-year 

average for 2000 and 2001 for exports 

from South Korea. Note that the data 

include a broader category than what is 

actually eligible to be imported; e.g., we 

are allowing for the importation of 

cucumber, but the data are available 

under the broader category of cucumber 

and gherkins.

TABLE 2.—PRODUCTION AND TRADE DATA (IN METRIC TONS) FOR U.S. AND SOUTH KOREAN FRUITS AND VEGETABLES

Commodity U.S.

production 

U.S. imports 

from all

countries 

U.S. imports 

from South 

Korea 

South Korean 

production 

South Korean 

exports 

Melon and watermelons ....................................................... 2,969,250 882,350 0 324,260 428 

Cucumbers and gherkins ..................................................... 1,078,800 15,035 0 451,175 7,030 

Pumpkins, squash, and gourds ........................................... 761,253 223,697 0 240,161 515 

Grapes from South Korea. We are 

amending the regulations to allow the 

importation of grapes into the United 

States from South Korea under certain 

conditions. From 2001 to 2003, the 

United States produced an average of 

almost 6.5 million metric tons of grapes 

and imported an average of 987,124 

metric tons. For that same 3-year period, 

South Korea produced an average of 

461,198 metric tons of grapes 

(approximately 7 percent of the total 

U.S. production) with an average export 

of 101 metric tons. Because the U.S. 

production of grapes is supplemented 

with imports in order to satisfy the 

domestic demand, we do not believe 

that allowing the importation of grapes 

from South Korea will have a significant 

effect on either U.S. consumers or 

producers. In addition, we believe that 

U.S. consumers of grapes will benefit 

from the increase in its supply and 

availability. 

This rule contains various 

recordkeeping requirements, which 

were described in our proposed rule, 

and which have been approved by the 

Office of Management and Budget (see

‘‘Paperwork Reduction Act’’ below).

Executive Order 12988 

This final rule allows certain fruits 

and vegetables to be imported into the 

United States from certain parts of the 

world. State and local laws and 

regulations regarding the importation of 

fruits and vegetables under this rule will 

be preempted while the fruit is in 

foreign commerce. Fresh fruits and 

vegetables are generally imported for 

immediate distribution and sale to the 

consuming public, and remain in 

foreign commerce until sold to the 

ultimate consumer. 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 

We have prepared an environmental 

assessment for this rule. The 

environmental assessment, entitled 

‘‘Rule for the 12th Periodic Amendment 

of the Fruits and Vegetables 

Regulations’’ (September 2004), 

analyzes alternatives to amending the 

regulations to allow the importation into 

the United States of a number of fruits 

and vegetables from various areas of the 

world under certain conditions. The 

environmental assessment may be 

accessed on the Internet at http://

www.aphis.usda.gov/ppq/enviro_docs/.

Copies of the environmental assessment 

are also 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. Persons wishing to 

inspect copies are requested to call 

ahead on (202) 690–2817 to facilitate 

entry into the reading room. In addition, 

copies may be obtained by writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT.

The environmental assessment for 

this rule analyzes two alternatives, no 

action and amending the fruits and 

vegetables regulations. The no action 

alternative would be to leave the fruits 

and vegetables regulations unchanged. 

Under the no action alternative, (1) 

certain fruits and vegetables from 

Mexico (i.e., Allium spp., asparagus, 

banana, beets, carrots, coconuts, 

cucurbits, eggplant, grape, jicama, 

lemon, sour lime, parsley, pineapple, 

prickly pear pads, radish, tomato, tuna, 

coconut [fruit without husk], and 

pitaya) would continue to be eligible for 

importation under permit, and (2) 

cucurbits and grapes from South Korea, 

melon from Peru, pitaya and coconut 

with milk and husk from Mexico, 

Annona spp. from Grenada, and African 

horned cucumber from Chile would not 

be approved for importation into the 

United States. Under the second 

alternative—amending the fruits and 

vegetables regulations—the previously 

named fruits and vegetables from 

Mexico that have been enterable under 

permit would be listed as enterable in 

the regulations, and the listed fruits and 

vegetables from South Korea, Peru, 

Mexico, Grenada, and Chile would 

become eligible for importation into the 

United States under certain 

phytosanitary conditions. 

The environmental assessment 

describes the potential environmental 

effects associated with each alternative. 

The environmental assessment also 

describes the phytosanitary measures 

required for the importation of each 

commodity, including treatment, 

specified growing conditions, limits on 

dates of shipping, inspection and 

monitoring of growing areas by the plant 

protection organization of the country 

where grown, trapping in the growing 

areas, fruit cutting, safeguarding during 

transport, and/or permits and 

phytosanitary certificates. These 

measures have been designed to 

safeguard all potentially affected aspects 

of the human environment, including 

human health and safety, non-target 

species, and protected species and 

habitat. 

We omitted one commodity, coconut 

with milk and husk of the Malayan 

Dwarf and Maypan hybrid varieties 

from Mexico, from the environmental 

assessment that was prepared for the 

proposed rule and made available to the 

public for comment. An analysis of this 

commodity has been added to the 

environmental assessment prepared for 

this final rule. Two quarantine pests of 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65059

concern were identified in the proposed 

rule as being associated with this 

commodity, the red ring nematode and 

lethal yellowing disease. We have 

determined that the risk associated with 

red ring nematode is low since nuts on 

infected trees fall prematurely and 

would not be harvested. The risk of 

introduction of lethal yellowing disease 

would also be low since coconuts with 

husk and milk of the Malayan Dwarf 

and Maypan hybrids do not harbor 

lethal yellowing disease, including the 

new phytoplasma mentioned by one of 

the commenters and discussed earlier in 

this final rule. 

As stated in the background section of 

this final rule, one commenter raised 

objections to the review and analysis of 

potential environmental impacts 

contained in the environmental 

assessment prepared for the proposed 

rule. The commenter raised several 

issues, which are discussed below. 

The commenter stated that, under the 

Endangered Species Act, Federal 

agencies are required to consult with the 

U.S. Fish and Wildlife Service (FWS) 

and the National Marine Fisheries 

Service (NMFS) to ensure that their 

actions will not prove harmful to any 

listed species. He further stated that 

APHIS had not performed such 

consultations and asked that we do so. 

Section 7(a)(2) of the Endangered 

Species Act of 1973 requires that 

Federal agencies ensure their actions are 

not likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

critical habitat. Consultation with FWS 

and/or NMFS is required only if the 

proposed action ‘‘may affect’’ listed 

species or critical habitat. 

Prior to the publication of the 

proposed rule, APHIS prepared a 

biological assessment to consider the 

potential risks to federally listed 

threatened and endangered species and 

species proposed for listing that could 

be posed by the proposed importation of 

certain fruits and vegetables from 

Mexico, Chile, Grenada, South Korea, 

and Peru. Based upon the ability of the 

phytosanitary measures described in the 

proposed rule to eliminate risks from 

shipments of these fruits and vegetables, 

we determined that the importation of 

those commodities would not affect any 

endangered and threatened species or 

their habitats. This ‘‘no effect’’

determination is the appropriate 

conclusion when an agency determines 

that its proposed action will not affect 

listed species or designated critical 

habitats. Consultation with FWS and/or 

NMFS is not required if the agency has 

considered the effects of the proposed 

action on threatened, endangered, and 

proposed species and determined that it 

will have no effect on those species or 

their critical habitats. 

The commenter asked that APHIS, in 

its environmental assessment, address 

the cumulative impacts of pesticides 

and pests on the commodities in 

question, the environment, and on 

humans. He additionally stated that it is 

necessary to investigate the infestation 

potential of pests when introduced into 

a new environment, to identify those 

undesirable qualities in pests that may 

be triggered by environmental factors, 

and to consider the possibility of 

destructive hybridization occurring 

between native and non-native pests.

Our environmental assessments are 

uniformly prepared subsequent to our 

consideration of the best and most upto-date scientific data. No scientific 

evidence exists to support the 

commenter’s requests. As stated 

previously, in the unlikely event of a 

non-native pest being introduced into 

the United States via an imported fruit 

or vegetable, we have the authority to 

immediately prohibit or further restrict 

the importation of that commodity. 

Such action would almost certainly be 

taken if a pest were to display new and 

destructive characteristics following its 

introduction into the United States. 

APHIS has considered the potential 

effects of this final rule on the quality 

of the human environment. The 

exclusionary nature of the phytosanitary 

measures required by this rule will 

prevent entry of invasive species of 

concern that are associated with the 

fruits and vegetables, and this exclusion 

precludes any effects on native species 

or their habitats. Based on the analysis 

provided in the environmental 

assessment and our assessment of the 

comments submitted on the proposed 

rule and its accompanying 

environmental assessment, 

implementation of the rule will not 

significantly impact the quality of the 

human environment and an 

environmental impact statement does 

not need to be prepared. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the information collection or 

recordkeeping requirements included in 

this rule have been approved by the 

Office of Management and Budget 

(OMB) under OMB control number 

0579–0236. 

Government Paperwork Elimination 

Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the Government 

Paperwork Elimination Act (GPEA), 

which requires Government agencies in 

general to provide the public the option 

of submitting information or transacting 

business electronically to the maximum 

extent possible. For information 

pertinent to GPEA compliance related to 

this rule, please contact Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 734–7477.

List of Subjects in 7 CFR Part 319

Coffee, Cotton, Fruits, Honey, 

Imports, Logs, Nursery stock, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Rice, Vegetables.

■ Accordingly, we are amending 7 CFR 

part 319 to read as follows:

PART 319—FOREIGN QUARANTINE 

NOTICES

■ 1. The authority citation for part 319 

continues to read as follows:

Authority: 7 U.S.C. 450 and 7701–7772; 21 

U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 

371.3.

■ 2. Section 319.56–1 is amended by 

adding, in alphabetical order, a new 

definition for country of origin to read as 

follows:

§ 319.56–1 Definitions.

* * * * *

Country of origin. Country where the 

plants from which the plant products 

are derived were grown.

* * * * *

■ 3. Section 319.56–2t is revised to read 

as follows:

§ 319.56–2t Administrative instructions: 

Conditions governing the entry of certain 

fruits and vegetables. 

(a) The following commodities may be 

imported into all parts of the United 

States, unless otherwise indicated, from 

the places specified, in accordance with 

§ 319.56–6 and all other applicable 

requirements of this subpart:

65060 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

Country/locality Common name Botanical name Plant part(s) 

Additional restrictions (see 

paragraph (b) 

of this section) 

Argentina ................................ Artichoke, globe .................... Cynara scolymus ................... Immature flower head.

Basil ....................................... Ocimum spp .......................... Above ground parts.

Currant .................................. Ribes spp .............................. Fruit.

Endive ................................... Cichorium endivia .................. Leaf and stem.

Gooseberry ............................ Ribes spp .............................. Fruit.

Marjoram ............................... Origanum spp ........................ Above ground parts.

Oregano ................................ Origanum spp ........................ Above ground parts.

Australia .................................. Currant .................................. Ribes spp .............................. Fruit.

Gooseberry ............................ Ribes spp .............................. Fruit.

Austria ..................................... Asparagus, white ................... Asparagus officinalis ............. Shoot (no green may be visible on the shoot).

Barbados ................................ Banana .................................. Musa spp ............................... Flower.

Belgium ................................... Leek ....................................... Allium spp .............................. Whole plant ........................... (b)(5)(i) 

Pepper ................................... Capsicum spp ....................... Fruit.

Belize ...................................... Banana .................................. Musa spp ............................... Flower in bracts with stems.

Bay leaf ................................. Laurus nobilis ........................ Leaf and stem.

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

Papaya .................................. Carica papaya ....................... Fruit ....................................... (b)(1)(i), 

(b)(2)(iii). 

Rambutan .............................. Nephelium lappaceum .......... Fruit ....................................... (b)(2)(i), 

(b)(5)(iii). 

Sage ...................................... Salivia officinalis .................... Leaf and stem. 

Tarragon ................................ Artemisia dracunculus ........... Above ground parts. 

Bermuda ................................. Avocado ................................ Persea americana ................. Fruit. 

Carambola ............................. Averrhoa carambola .............. Fruit. 

Grapefruit .............................. Citrus paradisi ....................... Fruit. 

Guava .................................... Psidium guajava .................... Fruit. 

Lemon ................................... Citrus limon ........................... Fruit. 

Longan .................................. Dimocarpus longan ............... Fruit. 

Loquat ................................... Eriobotrya japonica ............... Fruit. 

Mandarin orange ................... Citrus reticulata ..................... Fruit. 

Natal plum ............................. Carissa macrocarpa .............. Fruit. 

Orange, sour ......................... Citrus aurantium .................... Fruit. 

Orange, sweet ....................... Citrus sinensis ....................... Fruit. 

Papaya .................................. Carica papaya ....................... Fruit. 

Passion fruit .......................... Passiflora spp ........................ Fruit. 

Peach .................................... Prunus persica ...................... Fruit. 

Pineapple guava ................... Feijoa spp .............................. Fruit. 

Suriname cherry .................... Eugenia uniflora .................... Fruit. 

Bolivia ..................................... Belgian endive ....................... Cichorium intybus .................. Leaf. 

Chile ........................................ African horned cucumber ...... Cucumis metuliferus .............. Fruit ....................................... (b)(2)(i). 

Babaco .................................. Carica x heilborni var. 

pentagona.

Fruit ....................................... (b)(1)(i). 

Basil ....................................... Ocimum spp .......................... Above ground parts. 

Lucuma .................................. Manilkara sapota (=Lucuma 

mammosa).

Fruit ....................................... (b)(1)(i). 

Mountain papaya ................... Carica pubescens (=C. 

candamarcensis).

Fruit ....................................... (b)(1)(ii). 

Oregano ................................ Origanum spp ........................ Leaf and stem. 

Pepper ................................... Capsicum annuum ................ Fruit ....................................... (b)(1)(i). 

Sandpear ............................... Pyrus pyrifolia ........................ Fruit ....................................... (b)(1)(ii). 

Tarragon ................................ Artemisia dracunculus ........... Above ground parts. 

China ...................................... Bamboo ................................. Bambuseae spp .................... Edible shoot, free of leaves 

and roots. 

Colombia ................................. Rhubarb ................................. Rheum rhabarbarum ............. Stalk. 

Snow pea .............................. Pisum sativum subsp. 

sativum.

Flat, immature pod. 

Tarragon ................................ Artemisia dracunculus ........... Above ground parts. 

Cook Islands ........................... Banana .................................. Musa spp ............................... Green fruit ............................. (b)(4)(i). 

Cucumber .............................. Cucumis sativus .................... Fruit. 

Drumstick .............................. Moringa pterygosperma ........ Leaf. 

Ginger .................................... Zingiber officinale .................. Root ....................................... (b)(2)(ii). 

Indian mulberry ..................... Morinda citrifolia .................... Leaf. 

Lemongrass ........................... Cymbopogon spp .................. Leaf. 

Tossa jute .............................. Corchorus olitorius ................ Leaf. 

Costa Rica .............................. Basil ....................................... Ocimum spp .......................... Whole plant. 

Chinese kale ......................... Brassica alboglabra ............... Leaf and stem. 

Chinese turnip ....................... Raphanus sativus .................. Root. 

Cole and mustard crops, including cabbage, broccoli, 

cauliflower, turnips, mustards, and related varieties.

Brassica spp .......................... Whole plant of edible varieties only. 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65061

Country/locality Common name Botanical name Plant part(s) 

Additional restrictions (see 

paragraph (b) 

of this section) 

Jicama ................................... Pachyrhizus tuberosus or P. 

erosus.

Root. 

Rambutan .............................. Nephelium lappaceum .......... Fruit ....................................... (b)(2)(i), 

(b)(5)(iii). 

Dominican Republic ................ Bamboo ................................. Bambuseae spp .................... Edible shoot, free of leaves 

and roots. 

Durian .................................... Durio zibethinus .................... Fruit. 

Ecuador .................................. Banana .................................. Musa spp ............................... Flower. 

Basil ....................................... Ocimum spp .......................... Above ground parts. 

Chervil ................................... Anthriscus spp ....................... Leaf and stem. 

Cole and mustard crops, including cabbage, broccoli, 

cauliflower, turnips, mustards, and related varieties.

Brassica spp .......................... Whole plant of edible varieties only. 

Radicchio ............................... Cichorium spp ....................... Above ground parts. 

El Salvador ............................. Basil ....................................... Ocimum spp .......................... Above ground parts. 

Cilantro .................................. Coriandrum sativum .............. Above ground parts..

Cole and mustard crops, including cabbage, broccoli, 

cauliflower, turnips, mustards, and related varieties.

Brassica spp .......................... Whole plant of edible varieties only. 

Dill ......................................... Anethum graveolens ............. Above ground parts. 

Eggplant ................................ Solanum melongena ............. Fruit with stem ....................... (b)(3). 

Fennel ................................... Foeniculum vulgare ............... Leaf and stem ....................... (b)(2)(i). 

German chamomile ............... Matricaria recutita and 

Matricaria chamomilla.

Flower and leaf ..................... (b)(2)(i). 

Loroco ................................... Fernaldia spp ........................ Flower, leaf, and stem. 

Oregano or sweet marjoram Origanum spp ........................ Leaf and stem ....................... (b)(2)(i). 

Parsley .................................. Petroselinum crispum ............ Leaf and stem ....................... (b)(2)(i). 

Rambutan .............................. Nephelium lappaceum .......... Fruit ....................................... (b)(2)(i), 

(b)(5)(iii). 

Rosemary .............................. Rosmarinus officinalis ........... Leaf and stem ....................... (b)(2)(i). 

Waterlily or lotus ................... Nelumbo nucifera .................. Roots without soil .................. (b)(2)(i). 

Yam-bean or Jicama ............. Pachyrhizus supp .................. Roots without soil .................. (b)(2)(i). 

France ..................................... Tomato .................................. Lycopersicon esculentum ...... Fruit, stem, and leaf .............. (b)(4)(ii). 

Great Britain ........................... Basil ....................................... Ocimum spp .......................... Leaf and stem. 

Grenada .................................. Abiu ....................................... Pouteria caimito .................... Fruit. 

Atemoya ................................ Annona squamosa x A. 

cherimola.

Fruit ....................................... (b)(3). 

Bilimbi .................................... Averrhoa bilimbi .................... Fruit. 

Breadnut ................................ Brosimum alicastrum ............. Fruit. 

Cherimoya ............................. Annona cherimolaFruit .......... (b)(3). 

Cocoplum .............................. Chrysobalanus icaco ............. Fruit. 

Cucurbits ............................... Cucurbitaceae ....................... Fruit. 

Custard apple ........................ Annona reticulataFruit ........... (b)(3). 

Durian .................................... Durio zibethinus .................... Fruit. 

Jackfruit ................................. Artocarpus heterophyllus ...... Fruit. 

Jambolan ............................... Syzygium cumini ................... Fruit. 

Jujube .................................... Ziziphus spp .......................... Fruit. 

Langsat .................................. Lansium domesticum ............ Fruit. 

Litchi ...................................... Litchi chinensis ...................... Fruit. 

Malay apple ........................... Syzygium malaccense .......... Fruit. 

Mammee apple ..................... Mammea americana ............. Fruit. 

Peach palm ........................... Bactris gasipaes .................... Fruit. 

Piper ...................................... Piper spp ............................... Fruit. 

Pulasan ................................. Nephelium ramboutan-ake .... Fruit. 

Rambutan .............................. Nephelium Iappaceum .......... Fruit. 

Rose apple ............................ Syzygium jambos .................. Fruit. 

Santol .................................... Sandoricum koetjape ............ Fruit. 

Sapote ................................... Pouteria sapota ..................... Fruit. 

Soursop ................................. Annona muricata ................... Fruit. (b)(3). 

Supar apple ........................... Annona squamosa ................ Fruit. (b)(3). 

Guatemala .............................. Artichoke, globe .................... Cynara scolymus ................... Immature flower head. 

Basil ....................................... Ocimum spp .......................... Above ground parts. 

Dill ......................................... Anethum graveonlens ........... Above ground parts. 

Eggplant ................................ Solanum melongena ............. Fruit with stem. 

Fennel ................................... Foeniculum vulgare ............... Leaf and stem ....................... (b)(2)(i). 

German chamomile ............... Matricaria chamomilla and 

Matricaria recutita.

Flower and leaf ..................... (b)(2)(i). 

Jicama ................................... Pachyrhizus tuberosus or P. 

erosus.

Root. 

65062 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

Country/locality Common name Botanical name Plant part(s) 

Additional restrictions (see 

paragraph (b) 

of this section) 

Loroco ................................... Fernaldia spp ........................ Flower and leaf. 

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

Oregano ................................ Origanum spp ........................ Leaf and stem. 

Papaya .................................. Carica papaya ....................... Fruit ....................................... (b)(1)(i), 

(b)(2)(iii). 

Rambutan .............................. Nephelium lappaceum .......... Fruit ....................................... (b)(2)(i), 

(b)(5)(iii). 

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

Rosemary .............................. Rosmarinus officinalis ........... Leaf and stem ....................... (b)(2)(i). 

Tarragon ................................ Artemisia dracunculus ........... Above ground parts. 

Waterlily or lotus ................... Nelumbo nucifera .................. Roots without soil .................. (b)(2)(i). 

Haiti ......................................... Jackfruit ................................. Artocarpus heterophyllus ...... Fruit. 

Honduras ................................ Banana .................................. Musa spp ............................... Flower. 

Basil ....................................... Ocimum basilicum ................. Leaf and stem ....................... (b)(2)(i), 

(b)(5)(iv). 

Chicory .................................. Cichorium spp ....................... Leaf and stem. 

Cilantro .................................. Coriandrum sativum .............. Above ground parts. 

Cole and mustard crops, including cabbage, broccoli, 

cauliflower, turnips, mustards, and related varieties.

Brassica spp .......................... Whole plant of edible varieties only. 

German chamomile ............... Matricaria recutita and 

Matricaria chamomilla.

Flower and leaf ..................... (b)(2)(i). 

Loroco ................................... Fernaldia spp ........................ Flower and leaf. 

Oregano or sweet marjoram Origanum spp ........................ Leaf and stem ....................... (b)(2)(i). 

Radish ................................... Raphanus sativus .................. Root. 

Rambutan .............................. Nephelium lappaceum .......... Fruit ....................................... (b)(2)(i), 

(b)(5)(iii). 

Waterlily or lotus ................... Nelumbo nucifera .................. Roots without soil .................. (b)(2)(i) 

Yam-bean or Jicama ............. Pachyrhizus spp .................... Roots without soil .................. (b)(2)(i). 

Indonesia ................................ Dasheen ................................ Colocasia spp, Alocasia spp, 

and Xanthosoma spp.

Tuber ..................................... (b)(2)(iv). 

Onion ..................................... Allium cepa ............................ Bulb. 

Shallot ................................... Allium ascalonicum ............... Bulb. 

Israel ....................................... Arugula .................................. Eruca sativa .......................... Leaf and stem. 

Chives ................................... Allium schoenoprasum .......... Leaf. 

Dill ......................................... Anethum graveolens ............. Above ground parts. 

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

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

Watercress ............................ Nasturtium officinale .............. Leaf and stem. 

Jamaica .................................. Fenugreek ............................. Tirgonella foenum-graceum .. Leaf, stem, root. 

Jackfruit ................................. Artocarpus heterophyllus ...... Fruit. 

Ivy gourd ............................... Coccinia grandis .................... Fruit. 

Pak choi ................................ Brassica chinensis ................ Leaf and stem. 

Pointed gourd ........................ Trichosanthes dioica ............. Fruit. 

Japan ...................................... Bamboo ................................. Bambuseae spp .................... Edible shoot, free of leaves 

and roots. 

Mioga ginger ......................... Zingiber mioga ...................... Above ground parts. 

Mung bean ............................ Vigna radiata ......................... Seed sprout. 

Soybean ................................ Glycine max .......................... Seed sprout. 

Liberia ..................................... Jute ........................................ Corchorus capsularis ............ Leaf. 

Potato .................................... Solanum tuberosum .............. Leaf. 

Mexico .................................... Allium ..................................... Allium spp .............................. Whole plant. 

Anise ..................................... Pimpinella anisum ................. Leaf and stem. 

Apple ..................................... Malus domestica ................... Fruit ....................................... (b)(1)(iii). 

Apricot ................................... Prunus armeniaca ................. Fruit ....................................... (b)(1)(iii). 

Arugula .................................. Eruca sativa .......................... Leaf and stem. 

Asparagus ............................. Asparagus officinalis ............. Shoot. 

Banana .................................. Musa spp ............................... Flower and fruit. 

Bay leaf ................................. Laurus nobilis ........................ Leaf and stem. 

Beet ....................................... Beta vulgaris ......................... Whole plant. 

Blueberry ............................... Vaccinium spp ....................... Fruit. 

Carrot .................................... Daucus carota ....................... Whole plant. 

Coconut ................................. Cocos nucifera ...................... Fruit without husk. 

Fruit with milk and husk ........ (b)(5)(v). 

Cucurbits ............................... Cucurbitaceae ....................... Inflorescence, flower, and 

fruit. 

Eggplant ................................ Solanum melongena ............. Fruit with stem. 

Fig ......................................... Ficus carica ........................... Fruit ....................................... (b)(1)(iii), 

(b)(2)(i). 

Grape .................................... Vitis spp ................................. Fruit, cluster, and leaf. 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65063

Country/locality Common name Botanical name Plant part(s) 

Additional restrictions (see 

paragraph (b) 

of this section) 

Grapefruit .............................. Citrus paradisi ....................... Fruit ....................................... (b)(1)(iii). 

Jicama ................................... Pachyrhizus tuberosus .......... Root. 

Lambsquarters ...................... Chenopodium spp ................. Above ground parts. 

Lemon ................................... Citrus limon ........................... Fruit. 

Lime, sour ............................. Citrus aurantiifolia ................. Fruit. 

Mango ................................... Mangifera indica .................... Fruit ....................................... (b)(1)(iii). 

Orange .................................. Citrus sinensis ....................... Fruit ....................................... (b)(1)(iii). 

Parsley .................................. Petroselinum crispum ............ Whole plant. 

Peach .................................... Prunus persica ...................... Fruit ....................................... (b)(1)(iii). 

Persimmon ............................ Diospyros spp ....................... Fruit ....................................... (b)(1)(iii). 

Pineapple .............................. Ananas comosus ................... Fruit. 

Pitaya .................................... Hylocereus spp ..................... Frui. ....................................... (b)(1)(iv), 

(b)(2)(i). 

Piper ...................................... Piper spp ............................... Leaf and stem. 

Pomegranate ......................... Punica granatum ................... Fruit ....................................... (b)(1)(iii). 

Porophyllum .......................... Porophyllum spp ................... Above ground parts. 

Prickly-pear pad .................... Opuntia spp ........................... Pad. 

Radish ................................... Raphanus sativus .................. Whole plant. 

Rambutan .............................. Nephelium lappaceum .......... Fruit ....................................... (b)(2)(i), 

(b)(5)(iii). 

Rosemary .............................. Rosmarinus officinalis ........... Above ground parts. 

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

Tangerine .............................. Citrus reticulata ..................... Fruit ....................................... (b)(1)(iii). 

Tepeguaje ............................. Leucaena spp ........................ Fruit. 

Thyme ................................... Thymus vulgaris .................... Above ground parts. 

Tomato .................................. Lycopersicon lycopersicum ... Fruit, stem, and leaf. 

Tuna ...................................... Opuntia spp ........................... Fruit. 

Morocco .................................. Strawberry ............................. Fragaria spp .......................... Fruit. 

Morocco and Western Sahara Tomato .................................. Lycopersicon esculentum ...... Fruit, stem, and leaf .............. (b)(4)(ii) 

Netherlands ............................ Leek ....................................... Allium spp .............................. Whole plant ........................... (b)(5)(i). 

Radish ................................... Raphanus sativus .................. Root. 

New Zealand .......................... Avocado ................................ Persea americana ................. Fruit. 

Fig ......................................... Ficus carica ........................... Fruit. 

Oca ........................................ Oxalis tuberosa ..................... Tuber. 

Nicaragua ............................... Cilantro .................................. Coriandrum sativum .............. Above ground parts. 

Cole and mustard crops, including cabbage, broccoli, 

cauliflower, turnips, mustards, and related varieties.

Brassica spp .......................... Whole plant of edible varieties only. 

Eggplant ................................ Solanum melongena ............. Fruit with stem ....................... (b)(3). 

Fennel ................................... Foeniculum vulgare ............... Leaf and stem ....................... (b)(2)(i). 

German chamomile ............... Matricaria recutita and M. 

chamomilla.

Flower and leaf ..................... (b)(2)(i). 

Loroco ................................... Fernaldia spp ........................ Leaf and stem. 

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

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

Radicchio ............................... Cichorium spp ....................... Above ground parts. 

Rambutan .............................. Nephelium lappaceum .......... Fruit ....................................... (b)(2)(i), 

(b)(5)(iii). 

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

Waterlily or lotus ................... Nelumbo nucifera .................. Roots without soil. (b)(2)(i). 

Yam-bean or Jicama ............. Pachyrhizus spp .................... Roots without soil. (b)(2)(i). 

Panama .................................. Basil ....................................... Ocimum spp .......................... Above ground parts. 

Bean, green and lima ............ Phaseolus vulgaris and P. 

lunatus.

Seed. 

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

Chervil ................................... Anthriscus cerefolium ............ Above ground parts. 

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

Eggplant ................................ Solanum melongena ............. Fruit with stem. 

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

Fenugreek ............................. Tirgonella foenum-graceum .. Leaf and stem. 

Lemon thyme ........................ Thymus citriodorus ................ Leaf and stem. 

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

Oregano ................................ Origanum spp ........................ Above ground parts. 

Rambutan .............................. Nephelium lappaceum .......... Fruit. (b)(2)(i), 

(b)(5)(iii). 

Rosemary .............................. Rosmarinus officinalis ........... Above ground parts. 

Tarragon ................................ Artemisia dracunculus ........... Above ground parts. 

Peru ........................................ Arugula .................................. Eruca sativa .......................... Leaf and stem. 

Basil ....................................... Ocimum spp .......................... Leaf and stem. 

Carrot .................................... Daucus carota ....................... Root. 

65064 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

Country/locality Common name Botanical name Plant part(s) 

Additional restrictions (see 

paragraph (b) 

of this section) 

Chervil ................................... Anthriscus spp ....................... Leaf and stem. 

Cole and mustard crops, including cabbage, broccoli, 

cauliflower, turnips, mustards, and related varieties.

Brassica spp .......................... Whole plant of edible varieties only. 

Cornsalad .............................. Valerianella spp ..................... Whole plant. 

Dill ......................................... Anethum graveolens ............. Above ground parts. 

Lambsquarters ...................... Chenopodium album ............. Above ground parts. 

Lemongrass ........................... Cymbopogon spp .................. Leaf and stem. 

Marjoram ............................... Origanum spp ........................ Above ground parts. 

Mustard greens ..................... Brassica juncea ..................... Leaf. 

Oregano ................................ Origanum spp ........................ Leaf and stem. 

Parsley .................................. Petroselinum crispum ............ Leaf and stem. 

Radicchio ............................... Cichorium spp ....................... Leaf. 

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

Thyme ................................... Thymus vulgaris .................... Above ground parts. 

Philippines .............................. Jicama ................................... Pachyrhizus tuberosus or P. 

erosus.

Root. 

Poland ..................................... Pepper ................................... Capsicum spp ....................... Fruit. 

Tomato .................................. Lycopersicon esculentum ...... Fruit, stem, and leaf. 

Republic of Korea ................... Angelica ................................. Aralia elata ............................ Edible shoot. 

Aster greens .......................... Aster scaber .......................... Leaf and stem. 

Bonnet bellflower ................... Codonopsis lanceolata .......... Root. 

Chard ..................................... Beta vulgaris subsp. cicla ..... Leaf. 

Chinese bellflower ................. Platycodon grandiflorum ....... Root. 

Dasheen ................................ Colocasia spp., Alocasia

spp., and Xanthosoma spp.

Root ....................................... (b)(2)(iv). 

Eggplant ................................ Solanum melongena ............. Fruit with stem. 

Kiwi ........................................ Actinidia deliciosa .................. Fruit. 

Lettuce ................................... Lactuca sativa ....................... Leaf. 

Mugwort ................................. Artemisia vulgaris .................. Leaf and stem. 

Onion ..................................... Allium cepa ............................ Bulb. 

Shepherd’s purse .................. Capsella bursa-pastoris ........ Leaf and stem. 

Strawberry ............................. Fragaria spp. ......................... Fruit ....................................... (b)(5)(ii). 

Watercress ............................ Nasturtium officinale .............. Leaf and stem. 

Youngia greens ..................... Youngia sonchifolia ............... Leaf, stem, and root. 

Sierra Leone ........................... Cassava ................................ Manihot esculenta ................. Leaf. 

Jute ........................................ Corchorus capsularis ............ Leaf. 

Potato .................................... Solanum tuberosum .............. Leaf. 

St. Vincent and the Grenadines.Turmeric ................................ Curcuma longa ...................... Rhizome. 

South Africa ............................ Artichoke, globe .................... Cynara scolymus ................... Immature flower head. 

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

Spain ....................................... Eggplant ................................ Solanum melongena ............. Fruit with stem ....................... (b)(3). 

Tomato .................................. Lycopersicon esculentum ...... Fruit, stem, and leaf .............. (b)(4)(ii). 

Watermelon ........................... Citrullus lanatus ..................... Fruit ....................................... (b)(3). 

Suriname ................................ Amaranth ............................... Amaranthus spp .................... Leaf and stem. 

Black palm nut ...................... Astrocaryum spp ................... Fruit. 

Jessamine ............................. Cestrum latifolium ................. Leaf and stem. 

Malabar spinach .................... Bassella alba ......................... Leaf and stem. 

Mung bean ............................ Vigna radiata ......................... Seed sprout. 

Pak choi ................................ Brassica chinensis ................ Leaf and stem. 

Sweden ................................... Dill ......................................... Anethum graveolens ............. Above ground parts. 

Taiwan .................................... Bamboo ................................. Bambuseae spp .................... Edible shoot, free of leaves 

and roots. 

Burdock ................................. Arctium lappa ........................ Root. 

Wasabi (Japanese horseradish).Wasabia japonica .................. Root and stem. 

Thailand .................................. Dasheen ................................ Alocasia spp., Colocasia

spp., and Xanthosoma spp.

Leaf and stem. 

Tumeric ................................. Curcuma domestica .............. Leaf and stem. 

Tonga ...................................... Burdock ................................. Arctium lappa ........................ Root, stem, and leaf. 

Jicama tuberosus .................. Pachyrhizus tuberosus .......... Root. 

Pumpkin ................................ Cucurbit maximaa ................. Fruit. 

Trinidad and Tobago .............. Lemongrass ........................... Cymbopogon citratus ............ Leaf and stem. 

Leren ..................................... Calathea allouia .................... Tuber. 

Shield leaf ............................. Cecropia peltata .................... Leaf and stem. 

Zambia .................................... Snow pea .............................. Pisum sativum spp. sativum Flat, immature pod. 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65065

7 Information on the trapping program may be 

obtained by writing to the Animal and Plant Health 

Inspection Service, International Services, Stop 

3432, 1400 Independence Avenue SW., 

Washington, DC 20250–3432.

(b) Additional restrictions for 

applicable fruits and vegetables as 

specified in paragraph (a) of this 

section. 

(1) Free areas. (i) The commodity 

must be from a Medfly-free area listed 

in § 319.56–2(j) and must be 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization (NPPO) of the 

country of origin with an additional 

declaration stating that the commodity 

originated in a Medfly-free area. 

(ii) The commodity must be from a 

Medfly-free area listed in § 319.56–2(j) 

and must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of the country of origin with an 

additional declaration stating that the 

commodity originated in a free area. 

Fruit from outside Medfly-free areas 

must be treated in accordance with 

§ 319.56–2x of this subpart. 

(iii) The commodity must be from a 

fruit-fly free area listed in § 319.56–2(h) 

and must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of the country of origin with an 

additional declaration stating that the 

commodity originated in a free area. 

(iv) The commodity must be from a 

fruit-fly free area listed in § 319.56–2(h) 

and must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of the country of origin with an 

additional declaration stating: ‘‘These 

regulated articles originated in an area 

free from pests as designated in 7 CFR 

319.56–2(h) and, upon inspection, were 

found free of Dysmicoccus neobrevipes

and Planococcus minor.’’

(2) Restricted importation and 

distribution. (i) Prohibited entry into 

Puerto Rico, Virgin Islands, Hawaii, and 

Guam. Cartons in which commodity is 

packed must be stamped ‘‘Not for 

importation into or distribution within 

PR, VI, HI, or Guam.’’

(ii) Prohibited entry into Puerto Rico, 

Virgin Islands, and Guam. Cartons in 

which commodity is packed must be 

stamped ‘‘Not for importation into or 

distribution within PR, VI, or Guam.’’

(iii) Prohibited entry into Hawaii. 

Cartons in which commodity is packed 

must be stamped ‘‘Not for importation 

into or distribution within HI.’’

(iv) Prohibited entry into Guam. 

Cartons in which commodity is packed 

must be stamped ‘‘Not for importation 

into or distribution within Guam.’’

(3) Commercial shipments only. 

(4) Stage of fruit. (i) The bananas must 

be green at the time of export. Inspectors 

at the port of arrival will determine that 

the bananas were green at the time of 

export if: 

(A) Bananas shipped by air are still 

green upon arrival in the United States; 

and 

(B) Bananas shipped by sea are either 

still green upon arrival in the United 

States or yellow but firm. 

(ii) The tomatoes must be green upon 

arrival in the United States. Pink or red 

fruit may only be imported in 

accordance with § 319.56–2dd of this 

subpart. 

(5) Other conditions. (i) Must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of the 

country of origin with an additional 

declaration stating that the commodity 

is apparently free of Acrolepiopsis 

assectella.

(ii) Entry permitted only from 

September 15 to May 31, inclusive, to 

prevent the introduction of a complex of 

exotic pests including, but not limited 

to a thrips (Haplothrips chinensis) and 

a leafroller (Capua tortrix). 

(iii) Must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of the country of origin with an 

additional declaration stating that the 

fruit is free from Coccus moestus, C. 

viridis, Dysmicoccus neobrevipes, 

Planococcus lilacinus, P. minor, and 

Psedococcus landoi; and all damaged 

fruit was removed from the shipment 

prior to export under the supervision of 

the NPPO. 

(iv) Must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of the country of origin with an 

additional declaration stating that the 

fruit is free from Planococcus minor. 

(v) Must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of the country of origin with an 

additional declaration stating that the 

fruit is of the Malayan dwarf variety or 

Maypan variety (=F1 hybrid, Malayan 

Dwarf×Panama Tall) (which are 

resistant to lethal yellowing disease) 

based on verification of the parent stock. 

(Approved by the Office of 

Management and Budget under control 

numbers 0579–0049 and 0579–0236)

■ 4. Sections 319.56–2y and 319.56–2aa 

are revised and a new § 319.56–2ll is 

added to read as follows:

§ 319.56–2y Conditions governing the 

entry of melon and watermelon from certain 

countries in South America. 

(a) Cantaloupe and watermelon from 

Ecuador. Cantaloupe (Cucumis melo) 

and watermelon (fruit) (Citrullus 

lanatus) may be imported into the 

United States from Ecuador only in 

accordance with this paragraph and all 

other applicable requirements of this 

subpart: 

(1) The cantaloupe or watermelon 

may be imported in commercial 

shipments only. 

(2) The cantaloupe or watermelon 

must have been grown in an area where 

trapping for the South American 

cucurbit fly (Anastrepha grandis) has 

been conducted for at least the previous 

12 months by the national plant 

protection organization (NPPO) of 

Ecuador, under the direction of APHIS, 

with no findings of the pest.7

(3) The following area meets the 

requirements of paragraph (a)(2) of this 

section: The area within 5 kilometers of 

either side of the following roads: 

(i) Beginning in Guayaquil, the road 

north through Nobol, Palestina, and 

Balzar to Velasco-Ibarra (Empalme); 

(ii) Beginning in Guayaquil, the road 

south through E1 26, Puerto Inca, 

Naranjal, and Camilo Ponce to Enriquez; 

(iii) Beginning in Guayaquil, the road 

east through Palestina to Vinces;

(iv) Beginning in Guayaquil, the road 

west through Piedrahita (Novol) to 

Pedro Carbo; or 

(v) Beginning in Guayaquil, the road 

west through Progreso, Engunga, 

Tugaduaja, and Zapotal to El Azucar. 

(4) The cantaloupe or watermelon 

may not be moved into Alabama, 

American Samoa, Arizona, California, 

Florida, Georgia, Guam, Hawaii, 

Louisiana, Mississippi, New Mexico, 

Puerto Rico, South Carolina, Texas, and 

the U.S. Virgin Islands. The boxes in 

which the cantaloupe or watermelon is 

packed must be stamped with the name 

of the commodity followed by the words 

‘‘Not to be distributed in the following 

States or territories: AL, AS, AZ, CA, FL, 

GA, GU, HI, LA, MS, NM, PR, SC, TX, 

VI’’. 

(b) Cantaloupe, honeydew melons, 

and watermelon from Brazil.

Cantaloupe, honeydew melons, and 

watermelon may be imported into the 

United States from Brazil only in 

accordance with this paragraph and all 

other applicable requirements of this 

subpart: 

(1) The cantaloupe, honeydew 

melons, or watermelon must have been 

grown in the area of Brazil considered 

by APHIS to be free of the South 

American cucurbit fly in accordance 

with § 319.56–2(e)(4) of this subpart. 

(i) 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 

65066 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

from Mossoro to the Ceara State line; 

and on the west by the Ceara State line 

to the Atlantic Ocean. 

(ii) All shipments of cantaloupe, 

honeydew melons, and watermelon 

must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of Brazil that includes a 

declaration indicating that the fruit was 

grown in an area recognized to be free 

of the South American cucurbit fly. 

(2) The cantaloupe, honeydew 

melons, and watermelon must be 

packed in an enclosed container or 

vehicle, or must be covered by a pestproof screen or plastic tarpaulin while 

in transit to the United States. 

(3) All shipments of cantaloupe, 

honeydew melons, and watermelon 

must be labeled in accordance with 

§ 319.56–2(g) of this subpart. 

(c) Cantaloupe, honeydew melons, 

and watermelon from Venezuela.

Cantaloupe, honeydew melons, and 

watermelon may be imported into the 

United States from Venezuela only in 

accordance with this paragraph and all 

other applicable requirements of this 

subpart: 

(1) The cantaloupe, honeydew 

melons, or watermelon must have been 

grown in the area of Venezuela 

considered by APHIS to be free of the 

South American cucurbit fly in 

accordance with § 319.56–2(e)(4) of this 

subpart. 

(i) 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. 

(ii) All shipments of cantaloupe, 

honeydew melons, and watermelon 

must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of Venezuela that includes a 

declaration indicating that the fruit was 

grown in an area recognized to be free 

of the South American cucurbit fly. 

(2) The cantaloupe, honeydew 

melons, and watermelon must be 

packed in an enclosed container or 

vehicle, or must be covered by a pestproof screen or plastic tarpaulin while 

in transit to the United States. 

(3) All shipments of cantaloupe, 

honeydew melons, and watermelon 

must be labeled in accordance with 

§ 319.56–2(g) of this subpart. 

(d) Cantaloupe, netted melon, 

vegetable melon, winter melon, and 

watermelon from Peru. Cantaloupe, 

netted melon, vegetable melon, and 

winter melon (Cucumis melo L. subsp. 

melo); and watermelon may be imported 

into the United States from Peru only in 

accordance with this paragraph and all 

other applicable requirements of this 

subpart: 

(1) The fruit may be imported in 

commercial shipments only. 

(2) The fruit must have been grown in 

the area of Peru considered by APHIS to 

be free of the South American cucurbit 

fly in accordance with § 319.56–2(e)(4) 

of this subpart. 

(i) The Departments of Lima, Ica, 

Arequipa, Moquegua, and Tacna in Peru 

are considered free of the South 

American cucurbit fly. 

(ii) All shipments must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Peru 

that includes a declaration indicating 

that the fruit was grown in an area 

recognized to be free of the South 

American cucurbit fly, and upon 

inspection, was found free of the gray 

pineapple mealybug (Dysmicoccus 

neobrevipes). 

(3) The fruit 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. 

(4) All shipments of fruit must be 

labeled in accordance with § 319.56–

2(g) of this subpart, and the boxes in 

which the fruit is packed must be 

labeled ‘‘Not for distribution in HI, PR, 

VI, or Guam.’’

(Approved by the Office of 

Management and Budget under control 

number 0579–0236)

§ 319.56–2aa Conditions governing the 

entry of watermelon, squash, cucumber, 

and oriental melon from the Republic of 

Korea. 

Watermelon (Citrullus lanatus), 

squash (Curcurbita maxima), cucumber 

(Cucumis sativus), and oriental melon 

(Cucumis melo) may be imported into 

the United States from the Republic of 

Korea only in accordance with this 

paragraph and all other applicable 

requirements of this subpart: 

(a) The fruit must be grown in pestproof greenhouses registered with the 

Republic of Korea’s national plant 

protection organization (NPPO). 

(b) The NPPO must inspect and 

regularly monitor greenhouses for plant 

pests. The NPPO must inspect 

greenhouses and plants, including fruit, 

at intervals of no more than 2 weeks, 

from the time of fruit set until the end 

of harvest. 

(c) The NPPO must set and maintain 

McPhail traps (or a similar type with a 

protein bait that has been approved for 

the pests of concern) in greenhouses 

from October 1 to April 30. The number 

of traps must be set as follows: Two 

traps for greenhouses smaller than 0.2 

hectare in size; three traps for 

greenhouses 0.2 to 0.5 hectare; four 

traps for greenhouses over 0.5 hectare 

and up to 1.0 hectare; and for 

greenhouses greater than 1 hectare, traps 

must be placed at a rate of four traps per 

hectare.

(d) The NPPO must check all traps 

once every 2 weeks. If a single pumpkin 

fruit fly is captured, that greenhouse 

will lose its registration until trapping 

shows that the infestation has been 

eradicated. 

(e) The fruit may be shipped only 

from December 1 through April 30. 

(f) Each shipment must be 

accompanied by a phytosanitary 

certificate issued by NPPO, with the 

following additional declaration: ‘‘The 

regulated articles in this shipment were 

grown in registered greenhouses as 

specified by 7 CFR 319.56–2aa.’’

(g) Each shipment must be protected 

from pest infestation from harvest until 

export. Newly harvested fruit must be 

covered with insect-proof mesh or a 

plastic tarpaulin while moving to the 

packinghouse and awaiting packing. 

Fruit must be packed within 24 hours of 

harvesting, in an enclosed container or 

vehicle or in insect-proof cartons or 

cartons covered with insect-proof mesh 

or plastic tarpaulin, and then placed in 

containers for shipment. These 

safeguards must be intact when the 

shipment arrives at the port in the 

United States. 

(Approved by the Office of 

Management and Budget under control 

number 0579–0236)

§ 319.56–2ll Conditions governing the 

entry of grapes from the Republic of Korea. 

Grapes (Vitis spp.) may be imported 

into the United States from the Republic 

of Korea under the following conditions: 

(a) The fields where the grapes are 

grown must be inspected during the 

growing season by the Republic of 

Korea’s national plant protection 

organization (NPPO). The NPPO will 

inspect 250 grapevines per hectare, 

inspecting leaves, stems, and fruit of the 

vines. 

(b) If evidence of Conogethes 

punctiferalis, Eupoecilia ambiguella, 

Sparganothis pilleriana, Stathmopoda 

auriferella, or Monilinia fructigena is 

detected during inspection, the field 

will immediately be rejected, and 

exports from that field will be canceled 

until visual inspection of the vines 

shows that the infestation has been 

eradicated. 

(c) Fruit must be bagged from the time 

the fruit sets until harvest. 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65067

1The Department of Labor computes the CPI–U 

using two different base time periods, 1967 and 

1982–1984, and the Act does not specify which of 

these base periods should be used to calculate the 

inflation adjustment. The OCC, consistent with the 

other Federal banking agencies, has used the CPI–

U with 1982–84 as the base period. 2The Act’s rounding rules require that an 

increase be rounded to the nearest multiple of: $10 

in the case of penalties less than or equal to $100; 

$100 in the case of penalties greater than $100 but 

less than or equal to $1,000; $1,000 in the case of 

penalties greater than $1,000 but less than or equal 

to $10,000; $5,000 in the case of penalties greater 

than $10,000 but less than or equal to $100,000; 

$10,000 in the case of penalties greater than 

$100,000 but less than or equal to $200,000; and 

$25,000 in the case of penalties greater than 

$200,000. See 28 U.S.C. 2461 note.

3See Riegle Community Development and 

Regulatory Improvement Act of 1994 (RDCRIA), 

Pub. L. 103–325, Title V, section 525, 108 Stat. 

2260.

(d) Each shipment must be inspected 

by the NPPO before export. For each 

shipment, the NPPO must issue a 

phytosanitary certificate with an 

additional declaration stating that the 

fruit in the shipment was found free 

from C. punctiferalis, E. ambiguella, S. 

pilleriana, S. auriferella, or M. 

fructigena, and Nippoptilia vitis. 

(Approved by the Office of 

Management and Budget under control 

number 0579–0236)

Done in Washington, DC, this 4th day of 

November 2004. 

W. Ron DeHaven, 

Administrator, Animal and Plant Health 

Inspection Service.

[FR Doc. 04–25042 Filed 11–9–04; 8:45 am] 

BILLING CODE 3410–34–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the 

Currency 

12 CFR Part 19 

[Docket No. 04–24] 

RIN 1557–AC82 

Rules of Practice and Procedure; Civil 

Money Penalty Inflation Adjustments

AGENCY: Office of the Comptroller of the 

Currency, Treasury.

ACTION: Final rule.

SUMMARY: The Office of the Comptroller 

of the Currency (OCC) is amending its 

rules of practice and procedure to adjust 

the maximum amount of each civil 

money penalty (CMP) within its 

jurisdiction to account for inflation. 

This action, including the amount of the 

adjustment, is required under the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996. The OCC is also making a 

technical correction to resolve an error 

in the numbering of sections in part 19.

DATES: Effective Date: December 10, 

2004.

FOR FURTHER INFORMATION CONTACT: Jean 

Campbell, Senior Attorney, Legislative 

and Regulatory Activities Division, 

(202) 874–5090, or Carolyn Amundson, 

Counsel, Enforcement and Compliance 

Division, (202) 874–4800, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION:

Background 

The Inflation Adjustment Act (Act), 

28 U.S.C. 2461 note, requires the OCC, 

as well as other Federal agencies with 

CMP authority, to publish regulations to 

adjust each CMP authorized by a law 

that the agency has jurisdiction to 

administer. The purpose of these 

adjustments is to maintain the deterrent 

effect of CMPs and to promote 

compliance with the law. The Act 

requires adjustments to be made at least 

once every four years following the 

initial adjustment. The OCC’s prior 

adjustment to each CMP was published 

in the Federal Register on December 11, 

2000, 65 FR 77250, and became effective 

that same day. 

The Act requires that the adjustment 

reflect the percentage increase in the 

Consumer Price Index between June of 

the calendar year preceding the year in 

which the adjustment will be made and 

June of the calendar year in which the 

amount was last set or adjusted. The Act 

defines the Consumer Price Index as the 

Consumer Price Index for all urban 

consumers (CPI–U) published by the 

Department of Labor.1 See 28 

U.S.C. 2461 note. In addition, the Act 

provides rules for rounding off 

increases,2 and requires that any 

increase in a CMP apply only to 

violations that occur after the date of the 

adjustment. Finally, section 2 of the 

Debt Collection Improvement Act, 28 

U.S.C. 2461 note, limited the initial 

adjustment of a CMP pursuant to the 

Act to 10 percent of the amount set by 

statute.

Description of the Final Rule 

Inflation Adjustment 

This final rule adjusts the amount for 

each type of CMP that the OCC has 

jurisdiction to impose in accordance 

with the statutory requirements by 

revising the table contained in subpart 

O of 12 CFR part 19. The table identifies 

the statutes that provide the OCC with 

CMP authority, describes the different 

tiers of penalties provided in each 

statute (as applicable), and sets out the 

inflation-adjusted maximum penalty 

that the OCC may impose pursuant to 

each statutory provision. 

The Act requires that we compute the 

inflation adjustment by comparing the 

CPI–U for June of the year in which the 

CMPs were last set or adjusted with the 

CPI–U for June of the calendar year 

preceding the adjustment. 28 U.S.C. 

2461 note. For those CMPs that were 

adjusted in 2000, we compared the CPI–

U for June 2003 (183.7) with the CPI–

U for June 2000 (172.4). This resulted in 

an inflation adjustment of 6.6 percent. 

For those penalties that were last 

adjusted in 1997, we compared the CPI–

U for June 1997 (160.3) to the CPI–U for 

June 2003 (183.7). This resulted in an 

inflation increase of 14.6 percent. The 

penalty for failure to require flood 

insurance or notify the borrower of lack 

of coverage, 42 U.S.C. 4012a(f)(5), has 

never been adjusted for inflation 

because of application of the rounding 

rules. For that penalty, we compared the 

CPI–U for June of the year of enactment, 

1994 3 (148.0), with the CPI–U for June 

2003 (183.7). This resulted in an 

inflation increase of 24.1 percent.

We multiplied the amount of each 

CMP by the appropriate percentage 

inflation adjustment and added that 

amount to the current penalty. We 

rounded the resulting dollar amount up 

or down according to the rounding 

requirements of the Act. In some cases, 

rounding resulted in no adjustment to 

the CMP. In the case of the flood 

insurance penalty, the increase was 

capped at 10 percent because this is the 

initial adjustment. The following table 

shows both the present CMPs and the 

inflation adjusted CMPs. The table 

published in § 19.240(a) is shorter and 

shows only the adjusted CMPs, not the 

calculations. 

New § 19.240(b) states that the 

adjustments made in § 19.240(a) apply 

only to violations that occur after the 

effective date of this final rule. 

The OCC will readjust these amounts 

in 2008 and every four years thereafter, 

assuming there are no further changes to 

the mandate imposed by the Act.