[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Rules and Regulations]
[Pages 65053-65067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25042]


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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.

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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:
    <bullet> 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.
    <bullet> 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.
    <bullet> Leaf-rolling tortix and Nippoptilia vitis larvae cause 
damage to the leaves, fruit, and stem.
    <bullet> 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.
    <bullet> 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

[[Page 65054]]

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 Sec.  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 Sec.  319.56-2t since 
they are both hosts of the potato pathotype of the false root-knot 
nematode (Nacobbus aberrans).
    Of the two commodities cited by the commenter, only beets from 
Mexico are being added to the list in Sec.  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 Sec.  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 
Sec.  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 Sec.  
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

[[Page 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:
    <bullet> The commodities in question must be grown within pest-
proof greenhouses registered with Korea's NPPO.
    <bullet> 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.
    <bullet> 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 Sec.  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 non-commercial 
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

[[Page 65056]]

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 
time-consuming. 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

[[Page 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
----------------------------------------------------------------------------------------------------------------
                                                   U.S. imports
            Commodity                  U.S.          from all      U.S. imports       Mexican         Mexican
                                    production       countries      from Mexico     production        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              (\1\)           3,040           2,752           (\1\)          87,455
     vegetables.................
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

[[Page 65058]]

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
----------------------------------------------------------------------------------------------------------------
                                                   U.S. imports    U.S. imports
            Commodity                  U.S.          from all       from South     South Korean    South Korean
                                    production       countries         Korea        production        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

[[Page 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 up-to-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.

0
Accordingly, we are amending 7 CFR part 319 to read as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
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.

0
2. Section 319.56-1 is amended by adding, in alphabetical order, a new 
definition for country of origin to read as follows:


Sec.  319.56-1  Definitions.

* * * * *
    Country of origin. Country where the plants from which the plant 
products are derived were grown.
* * * * *

0
3. Section 319.56-2t is revised to read as follows:


Sec.  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 Sec.  319.56-6 and all other applicable requirements 
of this subpart:

[[Page 65060]]



----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
                                                                                               restrictions (see
        Country/locality              Common name       Botanical name       Plant part(s)     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           Shoot (no green
                                                       officinalis.        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           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(iii).
                                  Sage..............  Salivia             Leaf and stem.
                                                       officinalis.
                                  Tarragon..........  Artemisia           Above ground
                                                       dracunculus.        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          Fruit.
                                                       japonica.
                                  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      Cucumis             Fruit.............  (b)(2)(i).
                                   cucumber.           metuliferus.
                                  Babaco............  Carica x heilborni  Fruit.............  (b)(1)(i).
                                                       var. pentagona.
                                  Basil.............  Ocimum spp........  Above ground
                                                                           parts.
                                  Lucuma............  Manilkara sapota    Fruit.............  (b)(1)(i).
                                                       (=Lucuma mammosa).
                                  Mountain papaya...  Carica pubescens    Fruit.............  (b)(1)(ii).
                                                       (=C.
                                                       candamarcensis).
                                  Oregano...........  Origanum spp......  Leaf and stem.
                                  Pepper............  Capsicum annuum...  Fruit.............  (b)(1)(i).
                                  Sandpear..........  Pyrus pyrifolia...  Fruit.............  (b)(1)(ii).
                                  Tarragon..........  Artemisia           Above ground
                                                       dracunculus.        parts.
China...........................  Bamboo............  Bambuseae spp.....  Edible shoot, free
                                                                           of leaves and
                                                                           roots.
Colombia........................  Rhubarb...........  Rheum rhabarbarum.  Stalk.
                                  Snow pea..........  Pisum sativum       Flat, immature
                                                       subsp. sativum.     pod.
                                  Tarragon..........  Artemisia           Above ground
                                                       dracunculus.        parts.
Cook Islands....................  Banana............  Musa spp..........  Green fruit.......  (b)(4)(i).
                                  Cucumber..........  Cucumis sativus...  Fruit.
                                  Drumstick.........  Moringa             Leaf.
                                                       pterygosperma.
                                  Ginger............  Zingiber            Root..............  (b)(2)(ii).
                                                       officinale.
                                  Indian mulberry...  Morinda citrifolia  Leaf.
                                  Lemongrass........  Cymbopogon spp....  Leaf.
                                  Tossa jute........  Corchorus           Leaf.
                                                       olitorius.
Costa Rica......................  Basil.............  Ocimum spp........  Whole plant.
                                  Chinese kale......  Brassica            Leaf and stem.
                                                       alboglabra.
                                  Chinese turnip....  Raphanus sativus..  Root.
                                  Cole and mustard    Brassica spp......  Whole plant of
                                   crops, including                        edible varieties
                                   cabbage,                                only.
                                   broccoli,
                                   cauliflower,
                                   turnips,
                                   mustards, and
                                   related varieties.

[[Page 65061]]

 
                                  Jicama............  Pachyrhizus         Root.
                                                       tuberosus or P.
                                                       erosus.
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (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    Brassica spp......  Whole plant of
                                   crops, including                        edible varieties
                                   cabbage,                                only.
                                   broccoli,
                                   cauliflower,
                                   turnips,
                                   mustards, and
                                   related varieties.
                                  Radicchio.........  Cichorium spp.....  Above ground
                                                                           parts.
El Salvador.....................  Basil.............  Ocimum spp........  Above ground
                                                                           parts.
                                  Cilantro..........  Coriandrum sativum  Above ground
                                                                           parts..
                                  Cole and mustard    Brassica spp......  Whole plant of
                                   crops, including                        edible varieties
                                   cabbage,                                only.
                                   broccoli,
                                   cauliflower,
                                   turnips,
                                   mustards, and
                                   related varieties.
                                  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          Flower and leaf...  (b)(2)(i).
                                                       recutita and
                                                       Matricaria
                                                       chamomilla.
                                  Loroco............  Fernaldia spp.....  Flower, leaf, and
                                                                           stem.
                                  Oregano or sweet    Origanum spp......  Leaf and stem.....  (b)(2)(i).
                                   marjoram.
                                  Parsley...........  Petroselinum        Leaf and stem.....  (b)(2)(i).
                                                       crispum.
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(iii).
                                  Rosemary..........  Rosmarinus          Leaf and stem.....  (b)(2)(i).
                                                       officinalis.
                                  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        Fruit, stem, and    (b)(4)(ii).
                                                       esculentum.         leaf.
Great Britain...................  Basil.............  Ocimum spp........  Leaf and stem.
Grenada.........................  Abiu..............  Pouteria caimito..  Fruit.
                                  Atemoya...........  Annona squamosa x   Fruit.............  (b)(3).
                                                       A. cherimola.
                                  Bilimbi...........  Averrhoa bilimbi..  Fruit.
                                  Breadnut..........  Brosimum            Fruit.
                                                       alicastrum.
                                  Cherimoya.........  Annona              (b)(3).
                                                       cherimolaFruit.
                                  Cocoplum..........  Chrysobalanus       Fruit.
                                                       icaco.
                                  Cucurbits.........  Cucurbitaceae.....  Fruit.
                                  Custard apple.....  Annona              (b)(3).
                                                       reticulataFruit.
                                  Durian............  Durio zibethinus..  Fruit.
                                  Jackfruit.........  Artocarpus          Fruit.
                                                       heterophyllus.
                                  Jambolan..........  Syzygium cumini...  Fruit.
                                  Jujube............  Ziziphus spp......  Fruit.
                                  Langsat...........  Lansium domesticum  Fruit.
                                  Litchi............  Litchi chinensis..  Fruit.
                                  Malay apple.......  Syzygium            Fruit.
                                                       malaccense.
                                  Mammee apple......  Mammea americana..  Fruit.
                                  Peach palm........  Bactris gasipaes..  Fruit.
                                  Piper.............  Piper spp.........  Fruit.
                                  Pulasan...........  Nephelium           Fruit.
                                                       ramboutan-ake.
                                  Rambutan..........  Nephelium           Fruit.
                                                       Iappaceum.
                                  Rose apple........  Syzygium jambos...  Fruit.
                                  Santol............  Sandoricum          Fruit.
                                                       koetjape.
                                  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             Above ground
                                                       graveonlens.        parts.
                                  Eggplant..........  Solanum melongena.  Fruit with stem.
                                  Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i).
                                  German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i).
                                                       chamomilla and
                                                       Matricaria
                                                       recutita.
                                  Jicama............  Pachyrhizus         Root.
                                                       tuberosus or P.
                                                       erosus.

[[Page 65062]]

 
                                  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           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(iii).
                                  Rhubarb...........  Rheum rhabarbarum.  Above ground
                                                                           parts.
                                  Rosemary..........  Rosmarinus          Leaf and stem.....  (b)(2)(i).
                                                       officinalis.
                                  Tarragon..........  Artemisia           Above ground
                                                       dracunculus.        parts.
                                  Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i).
Haiti...........................  Jackfruit.........  Artocarpus          Fruit.
                                                       heterophyllus.
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    Brassica spp......  Whole plant of
                                   crops, including                        edible varieties
                                   cabbage,                                only.
                                   broccoli,
                                   cauliflower,
                                   turnips,
                                   mustards, and
                                   related varieties.
                                  German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i).
                                                       recutita and
                                                       Matricaria
                                                       chamomilla.
                                  Loroco............  Fernaldia spp.....  Flower and leaf.
                                  Oregano or sweet    Origanum spp......  Leaf and stem.....  (b)(2)(i).
                                   marjoram.
                                  Radish............  Raphanus sativus..  Root.
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (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,      Tuber.............  (b)(2)(iv).
                                                       Alocasia spp, and
                                                       Xanthosoma spp.
                                  Onion.............  Allium cepa.......  Bulb.
                                  Shallot...........  Allium ascalonicum  Bulb.
Israel..........................  Arugula...........  Eruca sativa......  Leaf and stem.
                                  Chives............  Allium              Leaf.
                                                       schoenoprasum.
                                  Dill..............  Anethum graveolens  Above ground
                                                                           parts.
                                  Mint..............  Mentha spp........  Above ground
                                                                           parts.
                                  Parsley...........  Petroselinum        Above ground
                                                       crispum.            parts.
                                  Watercress........  Nasturtium          Leaf and stem.
                                                       officinale.
Jamaica.........................  Fenugreek.........  Tirgonella foenum-  Leaf, stem, root.
                                                       graceum.
                                  Jackfruit.........  Artocarpus          Fruit.
                                                       heterophyllus.
                                  Ivy gourd.........  Coccinia grandis..  Fruit.
                                  Pak choi..........  Brassica chinensis  Leaf and stem.
                                  Pointed gourd.....  Trichosanthes       Fruit.
                                                       dioica.
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           Leaf.
                                                       capsularis.
                                  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           Shoot.
                                                       officinalis.
                                  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     (b)(5)(v).
                                                                           and husk.
                                  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.

[[Page 65063]]

 
                                  Grapefruit........  Citrus paradisi...  Fruit.............  (b)(1)(iii).
                                  Jicama............  Pachyrhizus         Root.
                                                       tuberosus.
                                  Lambsquarters.....  Chenopodium spp...  Above ground
                                                                           parts.
                                  Lemon.............  Citrus limon......  Fruit.
                                  Lime, sour........  Citrus              Fruit.
                                                       aurantiifolia.
                                  Mango.............  Mangifera indica..  Fruit.............  (b)(1)(iii).
                                  Orange............  Citrus sinensis...  Fruit.............  (b)(1)(iii).
                                  Parsley...........  Petroselinum        Whole plant.
                                                       crispum.
                                  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           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(iii).
                                  Rosemary..........  Rosmarinus          Above ground
                                                       officinalis.        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        Fruit, stem, and
                                                       lycopersicum.       leaf.
                                  Tuna..............  Opuntia spp.......  Fruit.
Morocco.........................  Strawberry........  Fragaria spp......  Fruit.
Morocco and Western Sahara......  Tomato............  Lycopersicon        Fruit, stem, and    (b)(4)(ii)
                                                       esculentum.         leaf.
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    Brassica spp......  Whole plant of
                                   crops, including                        edible varieties
                                   cabbage,                                only.
                                   broccoli,
                                   cauliflower,
                                   turnips,
                                   mustards, and
                                   related varieties.
                                  Eggplant..........  Solanum melongena.  Fruit with stem...  (b)(3).
                                  Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i).
                                  German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i).
                                                       recutita and M.
                                                       chamomilla.
                                  Loroco............  Fernaldia spp.....  Leaf and stem.
                                  Mint..............  Mentha spp........  Above ground
                                                                           parts.
                                  Parsley...........  Petroselinum        Above ground
                                                       crispum.            parts.
                                  Radicchio.........  Cichorium spp.....  Above ground
                                                                           parts.
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(iii).
                                  Rosemary..........  Rosmarinus          Above ground
                                                       officinalla.        parts.
                                  Waterlily or lotus  Nelumbo nucifera..  Roots without       (b)(2)(i).
                                                                           soil.
                                  Yam-bean or Jicama  Pachyrhizus spp...  Roots without       (b)(2)(i).
                                                                           soil.
Panama..........................  Basil.............  Ocimum spp........  Above ground
                                                                           parts.
                                  Bean, green and     Phaseolus vulgaris  Seed.
                                   lima.               and P. lunatus.
                                  Belgian endive....  Cichorium spp.....  Above ground
                                                                           parts.
                                  Chervil...........  Anthriscus          Above ground
                                                       cerefolium.         parts.
                                  Chicory...........  Cichorium spp.....  Above ground
                                                                           parts.
                                  Eggplant..........  Solanum melongena.  Fruit with stem.
                                  Endive............  Cichorium spp.....  Above ground
                                                                           parts.
                                  Fenugreek.........  Tirgonella foenum-  Leaf and stem.
                                                       graceum.
                                  Lemon thyme.......  Thymus citriodorus  Leaf and stem.
                                  Mint..............  Mentha spp........  Above ground
                                                                           parts.
                                  Oregano...........  Origanum spp......  Above ground
                                                                           parts.
                                  Rambutan..........  Nephelium           Fruit.              (b)(2)(i),
                                                       lappaceum.                              (b)(5)(iii).
                                  Rosemary..........  Rosmarinus          Above ground
                                                       officinalis.        parts.
                                  Tarragon..........  Artemisia           Above ground
                                                       dracunculus.        parts.
Peru............................  Arugula...........  Eruca sativa......  Leaf and stem.
                                  Basil.............  Ocimum spp........  Leaf and stem.
                                  Carrot............  Daucus carota.....  Root.

[[Page 65064]]

 
                                  Chervil...........  Anthriscus spp....  Leaf and stem.
                                  Cole and mustard    Brassica spp......  Whole plant of
                                   crops, including                        edible varieties
                                   cabbage,                                only.
                                   broccoli,
                                   cauliflower,
                                   turnips,
                                   mustards, and
                                   related varieties.
                                  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        Leaf and stem.
                                                       crispum.
                                  Radicchio.........  Cichorium spp.....  Leaf.
                                  Swiss chard.......  Beta vulgaris.....  Leaf and stem.
                                  Thyme.............  Thymus vulgaris...  Above ground
                                                                           parts.
Philippines.....................  Jicama............  Pachyrhizus         Root.
                                                       tuberosus or P.
                                                       erosus.
Poland..........................  Pepper............  Capsicum spp......  Fruit.
                                  Tomato............  Lycopersicon        Fruit, stem, and
                                                       esculentum.         leaf.
Republic of Korea...............  Angelica..........  Aralia elata......  Edible shoot.
                                  Aster greens......  Aster scaber......  Leaf and stem.
                                  Bonnet bellflower.  Codonopsis          Root.
                                                       lanceolata.
                                  Chard.............  Beta vulgaris       Leaf.
                                                       subsp. cicla.
                                  Chinese bellflower  Platycodon          Root.
                                                       grandiflorum.
                                  Dasheen...........  Colocasia spp.,     Root..............  (b)(2)(iv).
                                                       Alocasia spp.,
                                                       and Xanthosoma
                                                       spp.
                                  Eggplant..........  Solanum melongena.  Fruit with stem.
                                  Kiwi..............  Actinidia           Fruit.
                                                       deliciosa.
                                  Lettuce...........  Lactuca sativa....  Leaf.
                                  Mugwort...........  Artemisia vulgaris  Leaf and stem.
                                  Onion.............  Allium cepa.......  Bulb.
                                  Shepherd's purse..  Capsella bursa-     Leaf and stem.
                                                       pastoris.
                                  Strawberry........  Fragaria spp......  Fruit.............  (b)(5)(ii).
                                  Watercress........  Nasturtium          Leaf and stem.
                                                       officinale.
                                  Youngia greens....  Youngia             Leaf, stem, and
                                                       sonchifolia.        root.
Sierra Leone....................  Cassava...........  Manihot esculenta.  Leaf.
                                  Jute..............  Corchorus           Leaf.
                                                       capsularis.
                                  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        Fruit, stem, and    (b)(4)(ii).
                                                       esculentum.         leaf.
                                  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    Wasabia japonica..  Root and stem.
                                   horseradish).
Thailand........................  Dasheen...........  Alocasia spp.,      Leaf and stem.
                                                       Colocasia spp.,
                                                       and Xanthosoma
                                                       spp.
                                  Tumeric...........  Curcuma domestica.  Leaf and stem.
Tonga...........................  Burdock...........  Arctium lappa.....  Root, stem, and
                                                                           leaf.
                                  Jicama tuberosus..  Pachyrhizus         Root.
                                                       tuberosus.
                                  Pumpkin...........  Cucurbit maximaa..  Fruit.
Trinidad and Tobago.............  Lemongrass........  Cymbopogon          Leaf and stem.
                                                       citratus.
                                  Leren.............  Calathea allouia..  Tuber.
                                  Shield leaf.......  Cecropia peltata..  Leaf and stem.
Zambia..........................  Snow pea..........  Pisum sativum spp.  Flat, immature
                                                       sativum.            pod.
----------------------------------------------------------------------------------------------------------------


[[Page 65065]]

    (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 Sec.  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 Sec.  
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 Sec.  
319.56-2x of this subpart.
    (iii) The commodity must be from a fruit-fly free area listed in 
Sec.  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 
Sec.  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 Sec.  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 (=F<INF>1</INF> hybrid, Malayan DwarfxPanama 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)
0
4. Sections 319.56-2y and 319.56-2aa are revised and a new Sec.  
319.56-2ll is added to read as follows:


Sec.  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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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 Sec.  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

[[Page 65066]]

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 pest-proof 
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 Sec.  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 Sec.  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 pest-proof 
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 Sec.  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 Sec.  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 Sec.  
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)


Sec.  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 pest-proof 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)


Sec.  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.

[[Page 65067]]

    (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