This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

24423

Vol. 65, No. 81

Wednesday, April 26, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 97–065–1]

RIN 0579–AA93

Importation of Fuji Variety Apples

From the Republic of Korea

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the regulations governing the

importation of fruits and vegetables to

allow Fuji variety apples grown in

certified orchards within approved

production areas in the Republic of

Korea to be imported into the United

States, without treatment, under

conditions designed to prevent the

introduction into the United States of

the peach fruit moths (Carposina sasakii

and C. niponensis), the yellow peach

moth (Conogethes punctiferalis), the

fruit tree spider mite (Tetranychus

viennensis), and the kanzawa mite (T.

kanzawai). The conditions to which the

proposed importation of Fuji variety

apples would be subject, including pest

risk-reducing cultural practices,

packinghouse procedures, and

inspection and shipping procedures,

would reduce the risk of pest

introduction to an insignificant level.

DATES: We invite you to comment on

this docket. We will consider all

comments that we receive by June 26,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 97–065–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238. Please state that your

comment refers to Docket No. 97–065–

1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue,

SW., Washington DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS rules, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr.

Dennis J. Hannapel, Co-director of Asia

and Pacific, Phytosanitary Issues

Management, PPQ, APHIS, 4700 River

Road Unit 140, Riverdale, MD 20737–

1236; (301) 734–4308.

SUPPLEMENTARY INFORMATION:

Background

The Fruits and Vegetables regulations,

contained in 7 CFR 319.56 through

319.56–8 (referred to below as the

regulations), prohibit or restrict the

importation of fruits and vegetables into

the United States from certain parts of

the world to prevent the introduction

and dissemination of plant pests that are

new to or not widely distributed within

the United States.

Currently, § 319.56–2cc of the

regulations specifies that Fuji variety

apples may be imported into the United

States from the Republic of Korea or

Japan if the apples have been cold

treated and then fumigated for the peach

fruit moth (Carposina niponensis), the

yellow peach moth (Conogethes

punctiferalis), the fruit tree spider mite

(Tetranychus viennensis), and the

kanzawa mite (T. kanzawai).

The regulations have allowed the

importation of Fuji variety apples from

the Republic of Korea, if they have been

treated, since August 1994. However,

the Republic of Korea has only shipped

Fuji variety apples to Saipan and the

U.S. territory of Guam.

The National Plant Quarantine

Service (NPQS) of the Ministry of

Agriculture of the Republic of Korea has

requested that the Animal and Plant

Health Inspection Service (APHIS)

consider allowing Fuji variety apples

grown in certified orchards within

approved production areas in the

Republic of Korea to be imported into

the United States without cold

treatment and fumigation. In support of

its request, the Government of the

Republic of Korea submitted the results

of scientific studies and surveys that

were conducted over a 3-year period in

Fuji variety apple producing areas of the

Republic of Korea and that reveal data

on pest population and pest

management. A work plan that

accompanied the request contained

specific phytosanitary guidelines for

mitigating the risk of plant pest

introduction associated with the

importation of Fuji variety apples from

the Republic of Korea into the United

States.

The insect pests of concern for Fuji

variety apples from the Republic of

Korea are the peach fruit moths

(Carposina sasakii and C. niponensis),

the yellow peach moth (Conogethes

punctiferalis), the fruit tree spider mite

(Tetranychus viennensis), and the

kanzawa mite (T. kanzawai), which can

infest Fuji variety apples and other

fruits and vegetables.

APHIS has reviewed the

documentation submitted by the

Government of the Republic of Korea in

support of its request and conducted

several visits to Fuji variety apple

producing areas in the Republic of

Korea. We also reviewed the pest risk

assessment we prepared prior to

allowing the importation of Fuji variety

apples with treatment and determined

that the pest complex identified is still

accurate. Based on our review of the

documentation provided by the

Republic of Korea, our pest risk

assessment, and the data gathered

during the site visits, we believe that the

Government of the Republic of Korea

has demonstrated that the Fuji variety

apple producing areas of the Republic of

Korea can produce Fuji variety apples

that could be imported into the United

States without presenting a significant

risk of plant pest introduction.

We are proposing to amend § 319.56–

2cc of the regulations to allow the

importation of Fuji variety apples from

the Republic of Korea under certain

conditions. These conditions constitute

a systems approach to mitigating pest

risk and are discussed in detail below.

Systems Approaches

Using systems approaches to

phytosanitary security, APHIS

establishes growing, packing, shipping,

24424 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

1For information on this research, contact the

person listed under FOR FURTHER INFORMATION

CONTACT at the beginning of this document.

and other conditions whereby fruits and

vegetables may be imported into the

United States from countries that are not

free of certain plant pests. APHIS has

used systems approaches to establish

conditions for the importation of several

commodities, including Unshu oranges

from Japan (7 CFR 319.28); tomatoes

from Spain, France, Morocco, and

Western Sahara (7 CFR 319.56–2dd);

peppers from Israel (7 CFR 319.56–2u);

Ya variety pears from China (7 CFR

319.56–2ee); and Hass avocados from

Mexico (7 CFR 319.56–2ff). Each of

these programs has performed

successfully.

For the Ya variety pears mentioned

above, APHIS used a systems approach

to establish growing, treatment, packing,

and inspection requirements designed

to prevent the introduction of plant

pests, including Bactrocera dorsalis,

which exist in China and can infest Ya

pears. The rule requires Chinese

growers and agricultural agencies to

follow phytosanitary measures,

including applying pesticides to reduce

the pest population and bagging the

pears on the trees to reduce the

opportunity for insect pests to attack the

fruit during the growing season. The

rule also requires measures to preclude

comminglement with other fruit at the

packinghouse and specifies other

shipment, treatment, and inspection

requirements. The systems approach for

Ya variety pears is most like the systems

approach that we are proposing for Fuji

variety apples from the Republic of

Korea.

The systems approach we are

proposing for Fuji variety apples from

the Republic of Korea combines a series

of complementary phytosanitary

measures, including pest risk-reducing

cultural practices, packinghouse

procedures, and inspection and

shipping procedures, all intended to

prevent the introduction of Carposina

sasakii, C. niponensis, Conogethes

punctiferalis, Tetranychus viennensis,

and T. kanzawai. Some of the proposed

requirements were originally suggested

in the mitigation plan that accompanied

the request submitted by the

Government of the Republic of Korea.

The proposed conditions for

importation, which would be set out in

§ 319.56–2cc, are explained below.

Permit Requirement

Section 319.56–3 of the regulations

requires persons contemplating the

importation of fruits or vegetables that

are authorized entry under the

regulations to first apply for a permit

from APHIS. That permit requirement

would be applicable to the importation

of Fuji variety apples under the

provisions of this proposed rule. Section

319.56–4 states that, upon receipt of an

application and approval by an

inspector, a permit will be issued that

specifies the conditions of entry and the

port of entry. Therefore, our proposed

regulations would require that the Fuji

variety apples be imported under a

permit issued in accordance with

§ 319.56–4.

Registered Growers, Certified

Orchards, and Export Production Areas

First, we would require that the Fuji

variety apples be grown in a certified

orchard in an APHIS-approved export

production area by growers registered

with the Korean Ministry of Agriculture.

An export production area may

encompass several orchards. Orchard

certification and export production area

approval would be granted initially

when the grower registers and agrees to

comply with the requirements in our

regulations and after inspection by

APHIS. If any of the listed pests, or any

other pests of quarantine significance,

are found during the inspections, the

orchard would not be certified and,

therefore, would not be included in the

export program. As part of the ongoing

certification and approval, APHIS and

the Korean Ministry of Agriculture

would inspect the orchards and the

export production areas to ensure that

the Fuji variety apples were grown in

accordance with our regulations.

The export production area would

have to be surrounded by a 200-meterwide buffer area. The buffer area would

have to receive the same treatments as

would be required in the export

production area (see ‘‘Pest RiskReducing Cultural Practices,’’ below).

This buffer area, in which only trees of

the of the genera malus (apple or

crabapple) could be grown and from

which no fruit could be offered for

importation into the United States,

would separate the export production

area from surrounding agricultural and

nonagricultural areas. No trees of the

Prunus species (peach, plum, apricot,

cherry, Prunus tomentosa, etc.) could be

grown in the export production area or

buffer zone because these trees are

known hosts of Tetranychus viennensis.

Because those areas lying outside the

buffer area would not be subject to the

same measures as would be applied in

the export production area and buffer

area, there is the possibility that

Carposina sasakii, C. niponensis,

Conogethes punctiferalis, Tetranychus

viennensis, or T. kanzawai may be

present in those areas. Thus, by

providing for the suppression of plant

pests over a wide area, the buffer area

would offer the export production area

an additional measure of protection.

The buffer area would be inspected by

APHIS. If any of the listed pests, or any

other pests of quarantine significance,

were found in the buffer area, all

orchards within 200 meters of the

detection site would be removed from

the export program until the source of

the pest infestation is identified and

removed. Then, the buffer area and the

removed orchards could be reinspected

for recertification.

Pest Risk-Reducing Cultural Practices

Under the systems approach, the Fuji

variety apples must originate from

certified orchards within export

production areas where chemical

controls and cultural practices ensure

that the apples are not infested with the

pests previously listed. The Korean

Ministry of Agriculture and APHIS

would be responsible for conducting

field inspections for signs of pest

infestations during the growing season.

If pests are found during the

inspections, the orchard would not be

certified and, therefore, would not be

included in the export program. The

registered growers would be responsible

for following phytosanitary measures

agreed upon by APHIS and the Ministry

of Agriculture. These measures would

include applying pesticides and

controlling weeds to reduce the pest

populations and bagging the apples on

the trees to reduce the opportunity for

insect pests to attack the fruit during the

growing season. Application of

pesticides in Fuji variety apple orchards

in the Republic of Korea is a routine

pest management practice for the

control of pests, including mites and

rust. NPQS personnel would have to

monitor the application of the

treatments to ensure that the treatments

were being applied correctly and at the

proper time. Controlling weeds is

another routine pest management

practice for reducing mite populations

during the growing season. Bagging is

also a routine pest management practice

for growing Fuji variety apples in the

Republic of Korea, and the Republic of

Korea submitted research results, which

we reviewed, showing that bagging is

effective against some of the listed

pests.1 Growers would have to cover

individual Fuji variety apples with a bag

to keep pests from landing on the fruit

and laying eggs in the fruit. The bags

could be removed from the apples no

earlier than 3 weeks before the harvest.

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24425

Post-Harvest Handling of Fruit

After being harvested, the Fuji variety

apples would have to be handled in

accordance with several specific

conditions.

We would prohibit a packinghouse in

which Fuji variety apples are packed for

export to the United States from

accepting any fruit from orchards that

are not certified to export Fuji variety

apples to the United States during the

time that fruit intended for export to the

United States is being handled in the

packinghouse. Barring the entry of fruit

into the packinghouse from orchards

that are not certified to export Fuji

variety apples to the United States

would ensure that the fruit intended for

export is not infected or infested as a

result of comminglement with fruit that

was grown in an orchard that has not

been subject to the same phytosanitary

measures as orchards producing Fuji

variety apples for export to the United

States.

The packinghouses would have to be

kept clean and free of plant pests and

plant debris. In the packinghouse, the

fruit would have to be sorted, and all

injured and infested fruits would have

to be immediately removed from the

packinghouse premises. Before packing,

the fruit would again have to be

inspected by the Korean Ministry of

Agriculture to verify its freedom from

the pests previously listed. If fruit from

a grower were rejected after inspection,

then subsequent fruit from that grower

would be inspected at a higher sampling

rate. Rejected lots would not be eligible

for reinspection. A second rejected lot

from an orchard would result in the

orchard losing its certification for the

season.

Fruit to be exported to the United

States would have to be packed in boxes

used exclusively for export to the

United States. All boxes would have to

be marked with information identifying

the grower and the packinghouse. These

proposed requirements would ensure

that inspectors would be able to trace

the fruit back to its orchard of origin in

the event that plant pests were detected

on the fruit. Additionally, the Fuji

variety apples would have to be loaded

at the packinghouse into a shipping

container for movement to the United

States to prevent contamination during

transportation to the port of export. This

proposed requirement would ensure

that the fruit would not be exposed to

insect pests while en route to the port

of export. Fruit not immediately loaded

after packing would have be stored in a

secure refrigerated warehouse until

loaded. After the fruit is loaded into the

shipping containers, the shipping

containers would have to be sealed by

the Korean Ministry of Agriculture with

an official seal whose number is noted

on the phytosanitary certificate.

Phytosanitary Certificate

We would require the Fuji variety

apples to be accompanied by a

phytosanitary certificate issued by

NPQS. The phytosanitary certificate

would have to state that the Fuji variety

apples were examined and found to be

free from Carposina sasakii, C.

niponensis, Conogethes punctiferalis,

Tetranychus viennensis, and T.

kanzawai. The phytosanitary certificate

would also have to include the

following declaration: ‘‘The apples in

this shipment are from certified

orchards and comply with all the

requirements in 7 CFR 319.56–2cc(e).’’

The phytosanitary certificate would

serve as NPQS’s official confirmation

that the requirements of the regulations

had been met.

Inspection at the Port of First Arrival

Fuji variety apples imported into the

United States from the Republic of

Korea under this rule would be subject

to § 319.56–6 of the regulations, which

provides, among other things, that all

imported fruits and vegetables, as a

condition of entry, shall be inspected

and shall be subject to such disinfection

at the port of first arrival as may be

required by a U.S. Department of

Agriculture inspector to detect and

eliminate plant pests. Section 319.56–6

also provides that any shipment of fruits

and vegetables may be refused entry if

the shipment is so infested with fruit

flies or other injurious plant pests that

an inspector determines that it cannot

be cleaned or treated. The inspector at

the port of arrival would also review the

documentation, including the

phytosanitary certificate, accompanying

the fruit to ensure that the fruit was

being imported in accordance with the

regulations.

Trust Fund Agreement and APHIS

Participation

APHIS would be directly involved

with NPQS in the monitoring and

supervision of Fuji variety apple exports

to the United States. APHIS would

monitor orchard and export production

area inspections, harvest, and

packinghouse operations to ensure that

our export requirements are met. The

costs of APHIS’ involvement during

each shipping season would be covered

by a trust fund agreement between

APHIS and NPQS or an industry

association representing Korean Fuji

variety apple growers, packers, and

exporters. Under the agreement, NPQS

or the Korean industry association

would pay in advance all estimated

costs that APHIS expected to incur

through its involvement in the required

growing, harvest, and packinghouse

operations prescribed in proposed

§ 319.56–2cc(e). Those costs would

include administrative expenses

incurred in conducting the services and

all salaries (including overtime and the

Federal share of employee benefits),

travel expenses (including per diem

expenses), and other incidental

expenses incurred by the inspectors in

performing those services. The

agreement would require NPQS or the

Korean industry association to deposit a

certified or cashier’s check with APHIS

for the amount of the costs, as estimated

by APHIS. If the deposit was not

sufficient to meet all costs incurred by

APHIS, the agreement would further

require NPQS or the Korean industry

association to deposit another certified

or cashier’s check with APHIS for the

amount of the remaining costs, as

determined by APHIS, before APHIS’

services would be completed. After a

final audit at the conclusion of each

shipping season, any overpayment of

funds would be returned to NPQS or the

Korean industry association or held on

account until needed.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be significant

for the purposes of Executive Order

12866 and, therefore, has been reviewed

by the Office of Management and

Budget.

In accordance with 5 U.S.C. 603, we

have performed an initial regulatory

flexibility analysis, which is set out

below, regarding the effects of this

proposed rule on small entities. We do

not currently have all the data necessary

for a comprehensive analysis of the

effects of this proposed rule on small

entities. Therefore, we are inviting

comments concerning potential effects.

In particular, we need information on

the number and kind of small entities

that may incur benefits or costs from the

implementation of this proposed rule

and the economic effect of those

benefits or costs.

We propose to amend the regulations

to add a new option for the importation

into the United States of Fuji variety

apples from the Republic of Korea.

Although Fuji variety apples with

required treatments from the Republic

of Korea have been eligible for

importation into the United States for

several years, Fuji variety apples have

only been shipped from the Republic of

24426 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

Korea to Saipan and the U.S. territory of

Guam.

Analysis

This economic analysis provides a

cost-benefit analysis as required by

Executive Order 12866 and considers

the potential economic effects of this

proposed action on domestic producers

of apples. It focuses on apple

production, price, and potential effects

of the proposed rule on producers and

consumers. The possible economic

effects considered include losses to

domestic producers due to increased

competition from imports. The

magnitude of the economic effects

would depend on the size of additional

supply from the Republic of Korea and

the U.S. supply and demand for Fuji

variety apples. As explained below, we

expect that any economic effect on U.S.

producers and consumers would be

small due to the relative sizes of the

U.S. apple industry and expected

import volumes from the Republic of

Korea. In addition, although this is not

taken into account in the analysis

below, Fuji apples grown in Korea are

a specialty fruit (they are larger than

U.S. grown Fuji apples about the size of

a softball), and we do not believe that

they will be marketed in direct

competition with U.S. grown Fuji

apples. Rather, we expect that they will

have their own market niche.

Our analysis used information from

the following sources: Pest Risk

Assessment for Fuji Variety Apples from

the Republic of Korea, APHIS,

Biological Assessment and Taxonomic

Support, December 1, 1995; APHIS,

International Services; USDA,

Agricultural Statistics 1998, Table 5–4;

USDA FAS, Global Agricultural Trade

System (data from the United Nations

Statistical Office); USDA, National

Agricultural Statistics Service; U.S.

Department of Agriculture, 1997 Census

of Agriculture, Volume 1, Part 51,

Chapter 1, Table 43; Washington Apple

Commission; U.S. Apple Commission;

‘‘Production and Utilization Analysis

Book (1998 Edition),’’ U.S. Apple

Association; Northwest Horticultural

Council; Yakima Growers and Shippers

Association; and Washington State

University.

Small Businesses

The Small Business Administration

(SBA) includes apple producers in the

‘‘deciduous tree fruits’’ category; in this

category SBA defines small businesses

as those that have annual receipts of less

than $500,000. For U.S. apple

producers, annual average apple yields

range from 32,000 to 36,000 pounds per

acre. Apple prices at the producer level,

for the 5-year period 1993–1997,

averaged 14.8 cents per pound. These

data imply average returns of between

$4,736 and $5,328 per acre. Given these

returns, an apple producer would be

considered a small entity if the area of

production were less than 93 to 105

acres. According to the 1997 Census of

Agriculture, of 28,100 farms producing

apples that year, more than 95 percent

had less than 100 acres. These farms

accounted for 44 percent of apple

production acreage and 38 percent of

the apple trees. U.S. Fuji variety apple

producers may tend to have larger-thanaverage operations, but, like apple farms

in general, the vast majority are small

entities. Of the 28,100 U.S. farms

producing apples in 1997, over 60

percent had apple orchards of less than

five acres. These farms accounted for

only four percent of the acreage and two

percent of the trees. Therefore, most

apple producers in the United States

can be considered small entities.

Fuji Variety Apple Production in the

United States

Apple growers in Washington and

California produce the majority of Fuji

variety apples grown in the United

States. Table 1, below, shows the

dramatic increase in Fuji variety apple

production in these two States from

1993 to 1997; 1998 production is

expected to be four times 1993

production. Production and plantings of

Fuji variety apples in California in 1995

show the variety’s expansion:

• 20 percent of California’s applebearing trees (7,315 of 35,676 acres)

were Fuji variety apple trees and

• 62 percent of the apple trees that

had not yet borne fruit (2,413 of 3,896

acres) were also Fuji variety apple trees.

This rapid growth is in contrast to U.S.

apple production in general, which

increases about one percent each year.

TABLE 1.—FUJI VARIETY APPLE PRODUCTION IN CALIFORNIA AND WASHINGTON, 1993 TO 1998.

Year Metric tons

1993 .......................................... 90,760

1994 .......................................... 176,071

1995 .......................................... 196,932

1996 .......................................... 248,332

1997 .......................................... 300,399

1998 (estimated) ....................... 376,795

U.S. apple producers initially planted

Fuji variety apples in response to

attractive export markets, in particular,

high Taiwanese prices. A grower may

earn about $150 (normal net return) per

bin (about 1,000 pounds) of Red

Delicious apples (one of the most

popular apple varieties). Growers

exporting Fuji variety apples to Taiwan

were earning about $600 per bin.

However, Taiwanese demand has

dropped and, given the widespread

financial crisis in Asia, it is likely that

a significant share of Fuji variety apples

once intended for the export market will

be diverted to the domestic market. Last

year’s yield of 7.5 million 42-pound

boxes of Fuji variety apples increased to

10 million boxes this year and is

expected to reach 15 million boxes by

the year 2000. Fuji variety apples were

expected to overtake the Rome and

Granny Smith varieties to become the

third-leading U.S. apple variety in 1998.

Apple Industries in the United States

and the Republic of Korea

Table 2 shows apple industry

information for 1996. The table shows

the quantity and value of apples (1)

produced by the United States, (2)

exported from the United States, (3)

imported into the United States, and (4)

exported from the Republic of Korea.

TABLE 2.—U.S. APPLE PRODUCTION, EXPORTS AND IMPORTS, AND GLOBAL KOREAN APPLE EXPORTS, 1996

Quantity

(metric tons)

Value

(1000$)

U.S. utilized commercial production ................................................................................................................................ 4,690,224 1,644,226

U.S. exports ..................................................................................................................................................................... 590,649 381,591

U.S. imports ..................................................................................................................................................................... 182,961 129,165

Global Korean exports ..................................................................................................................................................... 5,822 9,731

Global Korean exports as a percentage of U.S. supply (production + imports—exports) ............................................. 0.1% 0.7

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24427

Under the proposal, Fuji variety apple

orchards in the Republic of Korea must

be certified to be eligible to export their

apples into the United States. According

to the Korean Ministry of Agriculture,

annual production of Fuji variety apples

from certified orchards is expected to be

about 1,920 metric tons. The Korean

Ministry of Agriculture does not

anticipate any substantial increase in

this volume of production in the next 5

years. This expectation is reasonable,

given that nearly all arable land in this

mountainous country is already under

cultivation, and the Republic of Korea’s

apple acreage has been more or less

constant for several years. Table 3

shows the expected volume of Fuji

variety apple exports from these

orchards to the United States for the

next 5 years. These amounts are of such

negligible size that the impact on the

U.S. apple industry and consumers

would be insignificant. A quantity of

600 metric tons is less than 0.2 percent

of U.S. Fuji variety apple production in

1997. U.S. consumers would benefit

marginally only if the imports increased

the net domestic supply. Given the large

volumes of apples produced and traded

by the United States, any impact would

be extremely small. Fuji variety apple

imports from the Republic of Korea will

be competing with imports from

Canada, Chile, New Zealand, and South

Africa; these four countries supply

approximately 97 percent of U.S. apple

imports.

TABLE 3.—EXPECTED FUJI VARIETY

APPLE EXPORTS FROM KOREA TO

THE UNITED STATES, 1999 TO 2003,

UNDER THE PROPOSED CERTIFICATION AND PRECLEARANCE PROGRAM

Year Metric tons

1999 .......................................... 150

2000 .......................................... 200

2001 .......................................... 300

2002 .......................................... 400

2003 .......................................... 600

Source: Korean Ministry of Agriculture.

The Republic of Korea’s annual apple

production is about 650,000 metric tons,

and the Fuji variety comprises 77

percent of this total. Fuji variety apple

production expected from the Republic

of Korea’s certified orchards, 1,920

metric tons per year, represents only

about 0.3 percent of the country’s total

apple production and 0.4 percent of its

Fuji variety production. Therefore,

export prices received for apples from

certified orchards are not expected to

have a significant effect on the Republic

of Korea’s apple production and exports

overall.

The effect of this rule on U.S. apple

producers and consumers is expected to

be negligible, given that the United

States exports significantly more apples

than it imports and the potential

imports from the Republic of Korea are

so small relative to U.S. apple

production. In addition, apple imports

comprise only a small percentage of

U.S. supply. The market for Fuji variety

apples is expanding rapidly. Fuji variety

apples imported from the Republic of

Korea are not likely to dampen prices or

sales by domestic producers and will

help meet the expanding demand.

The alternative to this proposed rule

would be to make no changes to the

current Fuji variety apple import

regulations. Currently, we allow the

importation of Fuji variety apples into

the United States from the Republic of

Korea or Japan when the apples undergo

cold treatment and fumigation. After

consideration, we rejected this

alternative since there appears to be no

pest risk reason to maintain the

prohibition on untreated Fuji variety

apples from the Republic of Korea, in

light of the safeguards that would be

applied to their importation.

The proposed changes to the

regulations would result in new

information collection or recordkeeping

requirements, as described below under

the heading ‘‘Paperwork Reduction

Act.’’

Executive Order 12988

This proposed rule would allow Fuji

variety apples to be imported into the

United States from the Republic of

Korea. If this proposed rule is adopted,

State and local laws and regulations

regarding Fuji variety apples imported

under this rule would be preempted

while the fruit is in foreign commerce.

Fresh Fuji variety apples are generally

imported for immediate distribution and

sale to the consuming public and would

remain in foreign commerce until sold

to the ultimate consumer. The question

of when foreign commerce ceases in

other cases must be addressed on a caseby-case basis. If this proposed rule is

adopted, no retroactive effect will be

given to this rule, and this rule will not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the information

collection or recordkeeping

requirements included in this proposed

rule have been submitted for approval to

the Office of Management and Budget

(OMB). Please send written comments

to the Office of Information and

Regulatory Affairs, OMB, Attention:

Desk Officer for APHIS, Washington, DC

20503. Please state that your comments

refer to Docket No. 97–065–1. Please

send a copy of your comments to: (1)

Docket No. 97–065–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238,

and (2) Clearance Officer, OCIO, USDA,

room 404-W, 14th Street and

Independence Avenue, SW.,

Washington, DC 20250. A comment to

OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication of this proposed rule.

Our regulations currently allow Fuji

variety apples grown in the Republic of

Korea to be imported into the United

States after they have been cold treated

and fumigated. In this document, we are

proposing to amend our regulations to

allow Fuji variety apples grown in

certified orchards within approved

production areas in the Republic of

Korea to be imported into the United

States, without treatment, under

conditions designed to prevent the

introduction of the peach fruit moths

(Carposina sasakii and C. niponensis),

the yellow peach moth (Conogethes

punctiferalis), the fruit tree spider mite

(Tetranychus viennensis), and the

kanzawa mite (T. kanzawai) into the

United States.

These proposed amendments would

require the use of several information

collection activities, including a

phytosanitary certificate and a trust

fund agreement. We are asking OMB to

approve our use of these information

collections in connection with our

efforts to ensure that Fuji variety apples

from the Republic of Korea do not pose

a risk of introducing the aforementioned

pests into the United States.

We are soliciting comments from the

public (as well as affected agencies)

concerning our proposed information

collection and recordkeeping

requirements. These comments will

help us:

(1) Evaluate whether the proposed

information collection is necessary for

the proper performance of our agency’s

functions, including whether the

information will have practical utility;

(2) Evaluate the accuracy of our

estimate of the burden of the proposed

information collection, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

24428 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

(4) Minimize the burden of the

information collection on those who are

to respond (such as through the use of

appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses).

Estimate of burden: Public reporting

burden for this collection of information

is estimated to average .75 hours per

response.

Respondents: Korean plant health

authorities; growers, exporters, and

shippers of Fuji variety apples in the

Republic of Korea; and U.S. importers of

Fuji variety apples.

Estimated annual number of

respondents: 30.

Estimated annual number of

responses per respondent: 8.53.

Estimated annual number of

responses: 256.

Estimated total annual burden on

respondents: 192 hours.

Copies of this information collection

can be obtained from: Clearance Officer,

OCIO, USDA, room 404–W, 14th Street

and Independence Avenue, SW.,

Washington, DC 20250.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Logs, Nursery Stock, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Rice, Vegetables.

Accordingly, we propose to amend 7

CFR part 319 as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

would continue to read as follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff,

151–167, 450, 2803, and 2809; 21 U.S.C. 136

and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

2. Section 319.56–2cc would be

amended as follows:

a. In paragraph (a), by removing the

words ‘‘The apples’’ and adding the

words ‘‘Except when imported under

the requirements in paragraph (e) of this

section, the apples’’ in their place.

b. By adding a new paragraph (e) to

read as set forth below.

§ 319.56–2cc Administrative instructions

governing the entry of Fuji variety apples

from Japan and the Republic of Korea.

* * * * *

(e) Systems approach requirements.

Fuji variety apples may be imported

from the Republic of Korea into the

United States only under a permit

issued in accordance with § 319.56–4

and only under the following

conditions:

(1) Growing and harvest conditions.

The apples must have been grown in a

certified orchard in an APHIS-approved

export production area by growers

registered with the Korean Ministry of

Agriculture. APHIS and the Korean

Ministry of Agriculture will inspect

orchards and production areas to certify

that the Fuji variety apples were grown

according to the following conditions:

(i) The export production area must

be surrounded by a 200-meter-wide

buffer zone. Only fruit trees of the malus

species (apple or crabapple) may be

grown in the export production area and

buffer zone. Fruit trees of the Prunus

species (peach, plum, apricot, cherry,

Prunus tomentosa, etc.), which are

major hosts of Tetranychus viennensis,

must not be grown in the export

production area or buffer zone. No fruit

grown in the buffer zone may be

imported into the United States. If pests

of quarantine significance are found in

the buffer zone, all orchards within 200

meters of the detection site will be

removed from the export program.

(ii) Field inspections for signs of pest

infestation and for compliance with the

requirements of this section must be

conducted by the Korean Ministry of

Agriculture and APHIS during the

growing season. The Korean Ministry of

Agriculture and APHIS will conduct

field inspections after bagging and prior

to harvest to detect signs of pest

infestation. If pests of quarantine

significance are found during the

inspections, the orchard will not be

certified and, therefore, will not be

included in the export program.

(iii) To ensure that Fuji variety apples

exported to the United States are not

infested with peach fruit moths

(Carposina sasakii and C. niponensis),

the yellow peach moth (Conogethes

punctiferalis), the fruit tree spider mite

(Tetranychus viennensis), and the

kanzawa mite (T. kanzawai), registered

growers must comply with the

phytosanitary measures agreed to by

APHIS and the Korean Ministry of

Agriculture, including bagging the

apples on the trees to reduce the

opportunity for pests to attack the fruit

during the growing season; applying

pesticides to reduce the mite, rust, and

other pest populations; and controlling

weeds to reduce mite populations. The

bags must remain on the apples until 3

weeks prior to the harvest.

(2) After harvest. After harvest, the

Fuji variety apples must be handled in

accordance with the following

conditions:

(i) During the time that a

packinghouse is used to prepare Fuji

variety apples for export to the United

States, the packinghouse may accept

fruit only from orchards that meet the

requirements of paragraph (e)(1) of this

section.

(ii) The packinghouses must be kept

clean and free of plant pests and plant

debris.

(iii) In the packinghouse, the fruit

must be sorted and all injured and

infested fruits must be immediately

removed from the packinghouse

premises. Before packing, the fruit must

again be inspected by the Korean

Ministry of Agriculture to verify its

freedom from peach fruit moths

(Carposina sasakii and C. niponensis),

the yellow peach moth (Conogethes

punctiferalis), the fruit tree spider mite

(Tetranychus viennensis), and the

kanzawa mite (T. kanzawai). If fruit

from a grower is rejected after

inspection, then subsequent fruit from

that grower will be inspected at a higher

sampling rate. Rejected lots are not

eligible for reinspection and must be

immediately removed from the

packinghouse premises. A second

rejected lot from an orchard will result

in the orchard losing its certification for

the season.

(iv) Fruit to be exported to the United

States must be packed in boxes used

exclusively for export to the United

States. All boxes must be marked with

information identifying the grower and

the packinghouse. The boxes must be

loaded at the packinghouse into a

shipping container for movement to the

United States to prevent contamination

during transportation to the port of

export. Fruit not immediately loaded

after packing must be stored in a secure

refrigerated warehouse until loaded.

After the fruit is loaded into the

shipping containers, the shipping

containers must be sealed by the Korean

Ministry of Agriculture with an official

seal whose number is noted on the

phytosanitary certificate.

(3) Certificates. Each shipment of

apples must be accompanied by a

phytosanitary certificate issued by the

Korean Ministry of Agriculture stating

that the Fuji variety apples were

examined and found to be free from

Carposina sasakii, C. niponensis,

Conogethes punctiferalis, Tetranychus

viennensis, and T. kanzawai. The

phytosanitary certificate must include

the following additional declaration:

‘‘The apples in this shipment are from

certified orchards and comply with all

the requirements in 7 CFR 319.56–

2cc(e).’’

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24429

Done in Washington, DC, this 20th day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–10388 Filed 4–25–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 71, 77, and 78

[Docket No. 99–090–2]

Livestock Identification; American

Identification Numbering System

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of extension of comment

period.

SUMMARY: We are extending the

comment period for our advance notice

of proposed rulemaking that solicited

public comment on our intent to

recognize the American Identification

Numbering System as a means of

providing unique identification for

livestock. This action will allow

interested persons additional time to

prepare and submit comments.

DATES: We invite you to comment on

Docket No. 99–090–1. We will consider

all comments that we receive by May

16, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–090–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238. Please state that your

comment refers to Docket No. 99–090–

1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue,

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

John F. Wiemers, National Animal

Health Programs Staff, VS, APHIS, 2100

South Lake Storey Road, Galesburg, IL

61401; (309) 344–1942.

SUPPLEMENTARY INFORMATION:

Background

On March 3, 2000, we published in

the Federal Register (65 FR 11485–

11486, Docket No. 99–090–1) an

advance notice of proposed rulemaking

to solicit public comment on our intent

to recognize the American Identification

Numbering System as a means of

providing unique identification for

livestock.

Comments on the advance notice of

proposed rulemaking were required to

be received on or before May 2, 2000.

We are extending the comment period

on Docket No. 99–090–1 for an

additional 14 days. This action will

allow interested persons additional time

to prepare and submit comments.

Authority: 21 U.S.C. 111–113, 114, 114a,

114a–1, 115–117, 120–126, 134b, and 134f; 7

CFR 2.22, 2.80, and 371.2(d).

Done in Washington, DC, this 19th day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–10387 Filed 4–25–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 431

[Docket No. EE–RM–96–400]

Energy Efficiency Program for Certain

Commercial and Industrial Equipment:

Petition for Recognition of CSA

International To Be a Nationally

Recognized Certification Program for

Electric Motor Efficiency

AGENCY: Office of Energy Efficiency and

Renewable Energy; Department of

Energy.

ACTION: Public notice and solicitation of

comments.

SUMMARY: CSA International has

petitioned the Department of Energy

(Department) to classify its motor

efficiency verification service program

as a nationally recognized certification

program in the United States for the

purposes of section 345(c) of the Energy

Policy and Conservation Act, as

amended (EPCA). The Department

solicits comments, data and information

as to whether to grant CSA

International’s petition.

DATES: Written comments, data and

information, in triplicate, must be

received at the Department of Energy by

May 26, 2000.

ADDRESSES: Written comments, data and

information should be labeled ‘‘CSA

International Petition to be Classified as

a Nationally Recognized Certification

Program for Electric Motor Efficiency,’’

and submitted to: Ms. Brenda EdwardsJones, Office of Energy Efficiency and

Renewable Energy, EE–41, U.S.

Department of Energy, 1000

Independence Avenue, SW,

Washington, DC 20585–0121.

Telephone: (202) 586–2945; Telefax:

(202) 586–4617. Also, a copy of such

comments should be submitted to Mr.

Otto Krepps, Manager, Accreditations,

CSA International, 178 Rexdale

Boulevard, Toronto, Ontario, Canada

M9W 1R3. Telephone: (416) 747–2798;

or Telefax (416) 747–4173.

FOR FURTHER INFORMATION CONTACT:

James Raba, U.S. Department of Energy,

Office of Energy Efficiency and

Renewable Energy, Mail Station EE–41,

1000 Independence Avenue, SW,

Washington, DC 20585–0121, telephone

(202) 586–8654, telefax (202) 586–4617,

or: jim.raba@ee.doe.gov

Edward Levy, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC–72, 1000 Independence

Avenue, SW, Washington, DC 20585–

0103, (202) 586–9507, telefax (202) 586–

4116, or: edward.levy@hq.doe.gov.

SUPPLEMENTARY INFORMATION: A copy of

the CSA International petition for

national recognition is appended to this

notice. Supporting documents that

accompanied the petition may be

viewed at the Freedom of Information

Reading Room, U.S. Department of

Energy, Forrestal Building, Room 1E–

190, 1000 Independence Avenue, SW,

Washington, DC 20585–0101, telephone

(202) 586–3142, between the hours of 9

a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

Additional information about CSA

International’s electric motor efficiency

verification service, and petition to be a

nationally recognized certification

program for electric motor efficiency,

can be obtained on the World Wide Web

at http://www.csa-international.org/

welcome.html, or from Mr. Otto Krepps,

Manager, Accreditations, CSA

International, 178 Rexdale Boulevard,

Toronto, Ontario, Canada M9W 1R3, or

telephone (416) 747–2798, or telefax

(416) 747–4173, or electronic mail at

otto.krepps@csa-international.org.

The Final Rule for Test Procedures,

Labeling, and Certification

Requirements for Electric Motors, 10

CFR Part 431, was published in the