Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50231

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

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

et seq.). Further, this rule eliminates the

information collection or recordkeeping

requirements in 7 CFR 319.74.

Regulatory Reform

This action is part of the President’s

Regulatory Reform Initiative, which,

among other things, directs agencies to

remove obsolete and unnecessary

regulations and to find less burdensome

ways to achieve regulatory goals.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

Accordingly, 7 CFR part 319 is

amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

continues 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).

§ 319.74–1 [Amended]

2. In § 319.74–1, paragraph (c) is

removed.

§ 319.74–2 [Amended]

3. Section 319.74–2 is amended as

follows:

a. By removing paragraph (b).

b. By removing paragraph (c).

c. By removing the designation ‘‘(a)’’

preceding the first paragraph.

§ 319.74–2a [Removed]

4. Section 319.74–2a is removed.

§ 319.74–3 [Amended]

5. Section 319.74–3 is amended as

follows:

a. By removing paragraph (b).

b. By redesignating paragraphs (c) and

(d) as paragraphs (b) and (c),

respectively.

c. In paragraph (a), the first sentence,

by removing the words ‘‘imported from

the named foreign countries and

localities, whether or not subject to

permit requirements,’’.

d. In paragraph (a), the second

sentence, by removing the reference

‘‘(d)’’ and adding in its place the

reference ‘‘(c)’’.

§ 319.74–4 [Removed]

6. Section 319.74–4 and footnote 1 are

removed.

§ 319.74–5 [Removed]

7. Section 319.74–5 is removed.

§ 319.74–6 [Redesignated]

8. Section 319.74–6 is redesignated as

§ 319.74–4.

§ 319.74–7 [Removed]

9. Section 319.74–7 is removed.

Done in Washington, DC, this 22nd day of

September 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–25486 Filed 9–24–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 96–046–3]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are allowing a number of

previously prohibited fruits and

vegetables to be imported into the

United States from certain parts of the

world. All of the fruits and vegetables,

as a condition of entry, are subject to

inspection, disinfection, or both, at the

port of first arrival as may be required

by a U.S. Department of Agriculture

inspector. In addition, some of the fruits

and vegetables are required to meet

other special conditions. The removal of

these prohibitions provides the United

States with additional kinds and sources

of fruits and vegetables while

continuing to provide protection against

the introduction and dissemination of

injurious plant pests by imported fruits

and vegetables.

We are also amending the regulations

to extend the production area in Arava,

Israel, where peppers may be grown for

importation into the United States; to

eliminate the distribution restrictions

for peppers from Arava, Israel; to

eliminate the trust fund provisions for

papayas from Costa Rica; to declare all

Provinces in Chile free of the

Mediterranean fruit fly; and to make

several nonsubstantive editorial changes

to the regulations. These actions relieve

restrictions while continuing to prevent

the introduction of plant pests into the

United States.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Ronald Campbell, Staff Officer, Port

Operations, PPQ, APHIS, 4700 River

Road Unit 136, Riverdale, MD 20737–

1236; (301) 734–6799.

SUPPLEMENTARY INFORMATION:

Background

The regulations 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 fruit flies and

other injurious plant pests that are new

to or not widely distributed within and

throughout the United States.

On March 25, 1997, we published in

the Federal Register (62 FR 14037–

14044, Docket No. 96–046–1) a proposal

to amend the regulations by allowing

certain previously prohibited fruits and

vegetables to be imported into the

United States from certain parts of the

world under specified conditions. The

importation of these fruits and

vegetables had been prohibited because

of the risk that the fruits and vegetables

could introduce fruit flies or other

injurious plant pests into the United

States. We proposed to allow these

importations at the request of various

importers and foreign ministries of

agriculture, and after conducting pest

risk analyses that indicated that the

fruits or vegetables could be imported

under certain conditions without

significant pest risk.

We solicited comments concerning

our proposal for 60 days ending May 27,

1997. We received 11 comments by that

date. They were from representatives of

industry and State governments. Six of

the commenters supported the proposed

rule in its entirety. The remaining 5

commenters had reservations about

specific provisions of the proposed rule.

Of those 5 commenters, 3 commenters

had concerns about the proposed

importation of papayas from Brazil.

Upon further review and consideration

of this issue, we are taking final action

at this time on all portions of our March

27, 1997, proposed rule except the

portion concerning papayas from Brazil.

APHIS Docket No. 96–046–2 in this

edition of the Federal Register seeks

comment on our proposal to require a

hot water treatment and require that

certain actions be taken if fruit fly

captures reach certain levels in the

papaya production areas for the

importation of papayas from both Brazil

and Costa Rica. The proposal also seeks

comment on any other issues involving

the importation of papayas from Brazil.
50232 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations

The comments we have already received

that raised concerns about actions other

than the proposed importation of

papayas from Brazil are discussed

below.

Comment: Although the proposed

rule mentions the risk associated with

the introduction of injurious exotic

insect pests and proposes criteria to

prevent their movement into the United

States with imported fruits and

vegetables, the proposed rule does not

refer to the possible introduction of

exotic fungal, bacterial, and viral

strains.

Response: The pest risk analysis

prepared for each fruit or vegetable

proposed for importation into the

United States considers all of the

injurious plant pests that might be

associated with that fruit or vegetable.

The term ‘‘pest’’ includes insect pests

and all fungal, bacterial, and viral

pathogens for which a plant may be a

host. Our requirements for the

importation of each fruit and vegetable

covered in this rule present safeguards

that we believe are adequate to prevent

the introduction of all injurious plant

pests into the United States.

Comment: More thorough pest risk

analyses need to be prepared, and more

thorough inspections need to be

administered, to ensure that injurious

plant pests do not enter the United

States. Particularly without more

detailed inspections, it is unreasonable

to assume that any injurious plant pests

will be, as stated in the proposed rule,

‘‘readily detectable by an inspector.’’

Response: All fruits and vegetables

imported into the United States are

subject to inspection at the port of entry

in the United States by a U.S.

Department of Agriculture (USDA)

inspector. The inspector visually

examines shipments for plant pests, or

evidence of the presence of plant pests

(for example, holes bored into fruit).

When we say that certain plant pests are

‘‘readily detectable by an inspector,’’ we

mean that these pests can be detected

upon visual examination. The level of

inspection we provide for a given

shipment takes into account a number

of factors, including pest interception

records and the relative risk presented

by pests associated with a particular

fruit or vegetable. We believe that our

inspections are conducted in a manner

that provides a high degree of assurance

that we will detect plant pests if they

are present.

Regarding our pest risk analyses, we

believe that the pest risk analyses we

prepare and the safeguards we propose

effectively prevent the introduction of

plant pests by the commodities

proposed for entry. Our pest risk

analyses follow the guidelines accepted

by the United Nations’ Food and

Agriculture Organization, International

Plant Protection Convention, and North

American Plant Protection Organization

and provide written documentation on

the pest risk potential for organisms that

rank high for the likelihood of

introduction and establishment. Pest

risk analyses prepared for our proposed

rules are available for public review and

comment during the public comment

period for the proposed rules.

Comment: Due to the stem nematode

Ditylenchus dispaci, basil from

Guatemala and leeks from Belgium and

the Netherlands should be fumigated in

accordance with the same provisions

proposed for garlic from Romania before

entering the United States.

Response: Ditylenchus dispaci is

widespread in the United States and,

therefore, is not considered an exotic

plant pest. It is not subject to the same

stringent measures, such as fumigation,

taken to prevent the introduction of

exotic plant pests into the United States.

However, there are certain factors that

will mitigate the risk of Ditylenchus

dispaci entering the United States with

a shipment of leeks from Belgium or the

Netherlands. Nematodes, including

Ditylenchus dispaci, are found in soil or

on the roots of plants; the plant hosts of

nematodes must be planted, or must

have a considerable amount of soil

attached, in order for the nematodes to

survive. Neither roots nor soil will be

attached to basil imported from

Guatemala, and though a small number

of root hairs may be attached to leeks

imported from Belgium or the

Netherlands, those leeks will be

required, under 7 CFR 330.300, to be

cleaned of soil before importation to the

United States. Further, basil from

Guatemala and leeks from Belgium and

the Netherlands will be imported into

the United States for human

consumption, not propagation.

For all of these reasons, we are not

making any changes to the proposed

rule in response to this comment.

Comment: Leeks from Belgium and

the Netherlands could introduce several

mites and aphids which may carry

several serious pathogens, including

leek yellow stripe potyvirus, shallot

latent virus, and white tip disease, into

the United States. Therefore, further

consideration needs to be taken before

these leeks are allowed to enter the

United States.

Response: Leek yellow stripe

potyvirus and shallot latent virus are

spread by insect vectors, such as mites

and aphids, but these viruses are

transmitted in a nonpersistent manner,

that is, the virus only survives in the

vector for a few minutes. Therefore, it is

unlikely that a mite or aphid associated

with leeks from Belgium or the

Netherlands arriving in the United

States would carry an active strain of

either virus.

White tip disease is not transmitted

by vectors, so it is unlikely that a mite

or aphid associated with leeks from

Belgium or the Netherlands would

introduce this disease into the United

States. Therefore, we are making no

changes to the proposed rule in

response to this comment.

Comment: Globodera rostochiensis

and Globodera pallida cysts could infest

leeks from both Belgium and the

Netherlands, as well as garlic from

Romania. However, these pests are not

mentioned in the pest risk analysis for

leeks. Further analysis of the risk

associated with these pests should be

completed before the importation of

such leeks or garlic is approved.

Response: Long considered one

species, the golden nematode

(Heterodera rostochiensis), also referred

to as the potato cyst nematode, includes

in fact two distinct species forming the

genus Globodera: Globodera

rostochiensis and Globodera pallida.

Golden nematode, as a collective

reference to Globodera rostochiensis

and Globodera pallida, creates cysts on

the roots of host crops. These nematodes

are not listed in the pest risk analysis for

leeks from Belgium and the Netherlands

or garlic from Romania because Allium

spp. are not host crops for these

nematodes.

In addition, as discussed earlier,

neither roots nor soil will be attached to

leeks imported from Belgium or the

Netherlands, or to garlic from Romania.

Therefore, we do not believe that

nematodes of any species will be

associated with these imports. Also, the

risk that any nematode would be

introduced and become established in

the United States on imported leeks is

minimized by the fact that the leeks are

imported for human consumption, not

propagation.

In the unlikely event that golden

nematode is associated with a shipment

of leeks from Belgium or the

Netherlands or garlic from Romania, the

cysts that this pest creates are readily

detectable by inspection. If, upon

inspection, a shipment of leeks from

Belgium or the Netherlands or garlic

from Romania is determined to be

infested with golden nematode, the

shipment would be destroyed or

returned to its country of origin.

Therefore, we are not making any

changes to the proposed rule in

response to this comment.
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50233

Comment: In order to limit the

introduction into Florida of exotic pests,

such as Retithrips syriacus, that may be

associated with peppers from Israel,

APHIS should continue to limit the

distribution of peppers from Israel to the

northern United States.

Response: Retithrips syriacus has

been established in Florida for several

years; therefore, this pest cannot be

considered an exotic plant pest and is

not subject to the same stringent

quarantine measures taken to prevent

the introduction of an exotic plant pest

into the United States. As such, neither

APHIS nor the State of Florida has

promulgated regulations to restrict the

movement of this pest. However, there

is little risk of Retithrips syriacus or

other plant pests entering the United

States with a shipment of peppers from

Israel’s Arava Valley. In the Arava

Valley, Israel, peppers are grown,

sorted, and packaged in insect-proof

screenhouses. This production method

effectively controls pest populations in

growing, sorting, and packaging areas

and helps ensure that pests are not

present in export shipments of peppers.

Therefore, we are not making any

changes to the proposed rule in

response to this comment.

Comment: Eggplant is a host of the

Mediterranean fruit fly (Medfly), and

Medfly occurs in both Nicaragua and El

Salvador. However, Medfly is not

discussed in the pest risk analysis for

eggplant from Nicaragua and El

Salvador. The pest risk potential

associated with the importation of

eggplant should be determined prior to

allowing the importation of eggplant

from these two countries.

Response: Review of the scientific

literature reveals that eggplant is a host

of Medfly only when fully ripe and

when other Medfly hosts are not

available.

For this reason, we believe that

eggplant imported from Nicaragua or El

Salvador presents a relatively low risk

of harboring Medfly. However, to

further reduce the risk of Medfly

associated with eggplant imported from

Nicaragua and El Salvador, we are

allowing only commercial shipments of

eggplant from these countries to enter

the United States. Commercial

shipments, as defined in § 319.56–1, are

shipments of fruits and vegetables that

an inspector identifies as having been

produced for sale and distribution in

mass markets. Such identification is

based on a variety of indicators,

including, but not limited to: quantity of

produce, type of packaging,

identification of grower or packing

house on the packaging, and documents

consigning the shipment to a wholesaler

or retailer.

Eggplant produced for sale and

distribution in mass markets is

harvested at a stage of development

when susceptibility to Medfly

infestation is unlikely. Conversely, wild

or ‘‘backyard’’ produce, including

eggplant, is generally grown and

handled under very different conditions

than commercially-produced fruits and

vegetables (e.g., wild or backyard

produce usually involves different

varieties of produce and different

cultivating techniques, little or no pest

control, and a lack of sanitary controls

during growing and packing, such as

removal and destruction of overripe and

damaged fruit). As a result, there is

reason to believe that wild or backyard

produce presents a greater pest risk than

commercially produced fruits and

vegetables. This rule will not allow

eggplant grown under these conditions

to be imported into the United States.

Comment: In the pest risk analysis for

eggplant from Nicaragua and El

Salvador, APHIS states that it has not

determined the pest risk potential for

Faustinius spp., insect pests that may be

carried into the United States with the

eggplant. This pest risk needs to be

determined, and if necessary additional

mitigation measures taken, before

eggplant from Nicaragua or El Salvador

is allowed entry into the United States.

Response: Because we are limiting

imports of eggplant to commercial

shipments, as discussed above, we

expect the measures taken by

commercial growers in Nicaragua and El

Salvador to prevent the introduction of

injurious plant pests, including

Faustinius spp., into the United States.

However, there are other factors that

help mitigate the risk of the

introduction of Faustinius spp. into the

United States. Larvae of the Faustinius

spp. bore into the shoots and stems of

eggplant to pupate and are only very

occasionally associated with the fruit of

eggplant. Because § 319.56–2(a) of the

regulations requires all importation of

fruits and vegetables to be free of plants

or portions of plants, all but a very small

portion of an eggplant’s stem is removed

prior to shipment to the United States.

Therefore, we do not expect Faustinius

spp. to be associated with eggplant from

Nicaragua or El Salvador.

Certain species of Faustinius are

established in areas of the United States,

and these species are therefore not

considered exotic pests and are not

subject to the same stringent quarantine

measures taken to prevent the

introduction of an exotic plant pest into

the United States. However, at the U.S.

port of entry inspection, the holes

created by the larvae in the stems or

fruit of any eggplant infested with

Faustinius would be readily detectable,

and an infested shipment of eggplant

would not be released until APHIS

personnel have identified the pests

within the shipment. If a shipment of

eggplant from Nicaragua or El Salvador

is determined to be infested by an exotic

species of Faustinius, the shipment

would be destroyed or returned to its

country of origin. Therefore, we are

making no changes to the proposed rule

in response to this comment.

Miscellaneous

We are not revising the incorporation

by reference of the Plant Protection and

Quarantine Treatment Manual at § 300.1

of the regulations, as we proposed,

because the treatment schedule for the

methyl bromide fumigation of garlic

borer (Brachycerus spp.) and garlic

moth (Dyspessa ulula [Bkh.]) will not

change. The countries from which garlic

may be exported to the United States,

including Romania, are only listed in

§ 319.56–2g of the regulations; the PPQ

Treatment Manual does not list those

eligible countries and therefore does not

require revision.

We are also making several

nonsubstantive editorial changes to the

regulations for clarity and consistency.

Therefore, based on the rationale

presented in our proposed rule and in

this document, we are adopting the

provisions of the proposed rule, with

exception of the proposed importation

of papayas from Brazil, as a final rule

with the changes described above.

Effective Date

This is a substantive rule that relieves

restrictions and, pursuant to the

provisions of 5 U.S.C. 553, may be made

effective less than 30 days after

publication in the Federal Register.

Immediate implementation of this rule

is necessary to provide relief to those

persons who are adversely affected by

restrictions we no longer find

warranted. Therefore, the Administrator

of the Animal and Plant Health

Inspection Service has determined that

this rule should be effective upon

publication in the Federal Register.

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, set forth below,
50234 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations

regarding the economic impact of this

rule on small entities. Based on the

information we have, there is no basis

to conclude that this rule will result in

any significant economic impact on a

substantial number of small entities.

Under the Federal Plant Pest Act and

the Plant Quarantine Act (7 U.S.C.

150dd, 150ee, 150ff, 151–165, and 167),

the Secretary of Agriculture is

authorized to regulate the importation of

fruits and vegetables to prevent the

introduction of injurious plant pests.

This rule amends the regulations

governing the importation of fruits and

vegetables by allowing a number of

previously prohibited fruits and

vegetables to be imported into the

United States from certain foreign

countries and localities under specified

conditions. The importation of these

fruits and vegetables had been

prohibited because of the risk that they

could have introduced injurious plant

pests into the United States.

In our proposal, we solicited

comments on the potential effects of the

proposed action on small entities. In

particular, we sought data and other

information to determine the number

and kind of small entities that may

incur benefits or costs from the

implementation of the proposed rule.

We received no comments on the Initial

Regulatory Flexibility Analysis

contained in the proposed rule.

Our rule is based on pest risk

assessments that were conducted by

APHIS at the request of various

importers and foreign ministries of

agriculture. The pest risk analyses

indicate that the fruits or vegetables

listed in this rule can, under certain

conditions, be imported into the United

States without significant pest risk. All

of the fruits and vegetables, as a

condition of entry, are subject to

inspection, disinfection, or both, at the

port of first arrival as may be required

by a USDA inspector. In addition, some

of the fruits and vegetables are required

to undergo mandatory treatment for

injurious plant pests as a condition of

entry, or to meet other special

conditions. This action provides the

United States with additional kinds and

sources of fruits and vegetables while

continuing to provide protection against

the introduction into the United States

of injurious plant pests by imported

fruits and vegetables.

Availability of Data

For many of the commodities made

eligible for importation into the United

States by this document, data on the

levels of production and the anticipated

import volume is unavailable for a

number of reasons. First, many of these

commodities are not produced in

significant quantities either in the

United States or in the country that

would be exporting the commodity to

the United States; generally, less

statistical data is collected—and

therefore available—for commodities

produced in small quantities when

compared to a country’s more heavilyproduced commodities. Second, some of

these commodities do not appear to be

produced in the United States at all;

therefore, data on the U.S. production

and export levels for those commodities

does not exist. Finally, estimates of

potential exports of commodities from

foreign countries to the United States

are often difficult to obtain, due in part

to the uncertainty surrounding the cost

and availability of transportation and

the demand for the commodity in the

United States.

Leeks from Belgium

No information is available on U.S.

production of leeks. Data is available,

however, on U.S. exports and imports of

the commodity. In 1995, the United

States imported 2,764 metric tons of

leeks, an increase over the 1993 and

1994 levels (2,328 metric tons and 2,042

metric tons, respectively). In 1995, the

United States exported 3,279 metric

tons of leeks, also an increase over the

1993 and 1994 levels (2,519 metric tons

and 2,708 metric tons, respectively).

The fact that the United States exports

leeks suggests that the commodity is

produced in the United States.

However, the volume of exports

suggests that the level of production is

low relative to other, more popular

vegetables.

Data on the number or size of leek

producers in the United States is not

available. However, since most U.S.

vegetable and melon farms are small by

Small Business Administration (SBA)

standards, it is very likely that the U.S.

farms that produce leeks are also small.

Data on the volume of potential

exports of leeks from Belgium to the

United States is not available.

Radicchio from Ecuador

Data on radicchio production for the

entire United States is not available.

However, production data is available

for the State of California, where most,

if not all, of U.S. radicchio is produced.

In 1994, California produced 7,040

metric tons of radicchio, an increase

over the State’s 1993 volume of 6,387

metric tons. California’s 1994

production had a value of $7.7 million.

No information on U.S. (or California)

trade in radicchio is available.

Data on the number or size of

radicchio producers in the United States

(or California) is not available. However,

since most U.S. vegetable and melon

farms are considered small by SBA

standards, it is very likely that the U.S.

farms that produce radicchio are also

small.

Information on Ecuador’s production

and export of radicchio, including

potential exports to the United States, is

not available.

Eggplant from El Salvador

In 1995, the United States produced

28,710 metric tons of eggplant, with a

value of $16.2 million. In 1993 and

1994, domestic production levels were

34,160 metric tons and 35,380 metric

tons, respectively. U.S. production has

been supplemented by a steadily

growing level of eggplant imports,

18,154 metric tons in 1993, 21,302

metric tons in 1994, and 24,946 metric

tons in 1995. The United States is a net

importer of eggplant, as exports of the

commodity from the United States did

not exceed 9,090 metric tons in any of

the years between 1993 and 1995.

In 1992, the latest year for which data

is available, eggplant was produced at

2,203 farms in the United States. It is

not known how many of these farms are

considered small entities under SBA

standards, since information as to their

size is not available. However, most are

probably small, since most vegetable

and melon farms in the United States

are small.

Data on the volume of eggplant

production in El Salvador is not

available. Data on the volume of

potential exports of eggplant from El

Salvador to the United States is also not

available.

Basil and Dill from Guatemala

Information on U.S. production and

exportation of basil is not available, but

indicators suggest that basil is not

grown commercially in significant

quantities in the United States. In 1995,

the United States imported 3,404 metric

tons of basil with a value of $4.9

million. U.S. basil imports in 1994 and

1993 were 3,216 metric tons and 2,449

metric tons, respectively.

Information on U.S. production and

exportation of dill is not available, but

indicators suggest that dill, like basil, is

not grown commercially in significant

quantities in the United States. In 1995,

the United States imported 766 metric

tons of dill with a value of $1.0 million.

U.S. dill imports in 1994 and 1993 were

949 metric tons and 828 metric tons,

respectively.

Guatemala currently produces basil

and dill for its local market only. No

data is available on the exact level of

basil or dill production in Guatemala,
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50235

but the volume is believed to be very

small. Data on the volume of potential

exports of these commodities from

Guatemala to the United States is not

available.

Mioga Ginger from Japan

No information is available on U.S.

production or exportation of the

flowers, leaves, and stems of mioga

ginger. The absence of such data

suggests that commercial production of

mioga ginger in the United States is

negligible, at most. Mioga ginger is a

spice, and most spices are not grown

commercially in significant quantities in

the United States. Data on U.S. imports

of mioga ginger is also not available.

Japan produced 6,638 metric tons of

mioga ginger in 1994. No information is

available on the potential volume of

exports of this commodity from Japan to

the United States. At the present time,

all mioga ginger produced in Japan is

consumed locally; none is exported.

Leeks from the Netherlands

Data on U.S. production and trade of

leeks is discussed above under the

heading ‘‘Leeks from Belgium.’’

In 1994, the Netherlands produced

102,727 metric tons of leeks, and its

exports of leeks that year totaled 43,764

metric tons. In 1995, the Netherlands

exported 51,062 metric tons of leeks,

with just over 50 percent of those

exports directed to Germany. Potential

exports of leeks from the Netherlands to

the United States could reach 1,000

metric tons annually, depending on

such factors as the cost and availability

of air transportation and demand in the

United States. However, as the United

States is a net exporter of leeks, it is

doubtful that consumer demand in the

United States will encourage a

substantial volume of leek imports from

the Netherlands.

Eggplant from Nicaragua

Data on U.S. production and trade of

eggplant is discussed above under the

heading ‘‘Eggplant from El Salvador.’’

To date, all of the eggplant produced

commercially in Nicaragua has been

consumed locally. No data is available,

however, on the volume of eggplant

production in Nicaragua. In addition, no

data on the volume of potential exports

of eggplant from Nicaragua to the

United States is available. However,

relatively small quantities are likely to

be imported. In 1993, for example,

Nicaragua produced little or no

eggplant, and its production of all

vegetables and melons that year totaled

only 59,000 metric tons. By comparison,

U.S. supply (domestically produced and

imported) of eggplant alone in 1993

totaled 52,314 metric tons, just slightly

less than Nicaragua’s entire vegetable

and melon production that year.

Radicchio from Nicaragua

Data on the production of radicchio in

California is discussed above under the

heading ‘‘Radicchio from Ecuador.’’

Nicaragua currently produces

radicchio for its local market. No data is

available on the exact volume of

radicchio production in Nicaragua, but

the volume is believed to be very small.

Data on the volume of potential exports

of radicchio from Nicaragua to the

United States is also not available.

Garlic from Romania

In 1995, the United States produced

232,010 metric tons of fresh garlic,

valued at $179.8 million. In 1993 and

1994, domestic production levels were

188,690 metric tons and 208,200 metric

tons, respectively. While U.S.

production has been growing rapidly,

U.S. imports of garlic have steadily

declined, 39,381 metric tons in 1993,

21,705 metric tons in 1994, and 18,594

metric tons in 1995. U.S. exports of the

commodity have also steadily declined,

from 11,274 metric tons in 1993 to 7,659

metric tons in 1995.

In 1992, garlic was produced at 619

U.S. farms. It is not known how many

of these farms are considered small

entities under SBA standards, since

information as to their size is not

available. However, most are probably

small, since most vegetable and melon

farms in the United States are small.

In 1995, Romania produced 58,000

metric tons of garlic, an increase over

the country’s 1994 and 1993 production

levels (56,400 metric tons and 48,900

metric tons, respectively). In 1996,

Romanian garlic production is estimated

to have fallen to approximately 50,000

metric tons, due to unfavorable weather

conditions. Data on the volume of

potential exports of garlic from Romania

to the United States is not available.

However, trade sources within Romania

indicate that the prospects for future

exports to the United States are reduced,

owing to both the high price and low

quality of Romanian garlic.

The alternative to this rule was to

make no changes in the regulations.

After consideration, we rejected this

alternative because there is no biological

reason to prohibit the importation into

the United States of the fruits and

vegetables listed in this document.

The information collection

requirements contained in this rule,

which were described in the proposed

rule, have been submitted for approval

to the Office of Management and

Budget.

Executive Order 12988

This 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 fruits and

vegetables are in foreign commerce.

Fresh fruits and vegetables are generally

imported for immediate distribution and

sale to the consuming public, and will

remain in foreign commerce until sold

to the ultimate consumer. The question

of when foreign commerce ceases in

other cases must be addressed on a caseby-case basis. No retroactive effect will

be given to this rule, and this rule will

not require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

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 final rule

have been submitted for approval to the

Office of Management and Budget

(OMB). When OMB notifies us of its

decision, we will publish a document in

the Federal Register providing notice of

the assigned OMB control number or, if

approval is denied, providing notice of

what action we plan to take.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

Accordingly, 7 CFR part 319 is

amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

continues 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).

§ 319.56–2 [Amended]

2. In § 319.56–2, paragraph (j) is

amended by removing the words

‘‘except Arica, Iquique, and Parinacota’’.

3. In § 319.56–2g, paragraph (a) is

revised to read as follows:

§ 319.56–2g Administrative instructions

prescribing method of treatment of garlic

from specified countries.

(a) Except as otherwise provided in

these administrative instructions,

fumigation with methyl bromide in
50236 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations

vacuum fumigation chambers, in

accordance with the Plant Protection

and Quarantine Treatment Manual,

which is incorporated by reference at

§ 300.1 of this chapter, is a condition of

entry under permit for all shipments of

garlic (Allium sativum) from Algeria,

Armenia, Austria, Azerbaijan, Czech

Republic, Egypt, Estonia, France,

Georgia, Germany, Greece, Hungary,

Iran, Israel, Italy, Latvia, Lithuania,

Moldova, Morocco, Portugal, Romania,

the area of the Russian Federation west

of the Ural Mountains, Slovakia, South

Africa (Republic of), Spain, Switzerland,

Syria, Turkey, Ukraine, and the area of

the former Yugoslavia. Fumigation is to

be carried out under the supervision of

a plant quarantine inspector and at the

expense of the importer. While it is

believed that the garlic will be

unaffected by the fumigation, the

treatment will be at the importer’s risk.

Such entry will be limited to ports

named in the permits, where approved

facilities for vacuum fumigation with

methyl bromide are available.

* * * * *

§ 319.56–2r [Amended]

4. In § 319.56–2r, paragraph (a)(1) is

amended by removing the words ‘‘, and

West Germany’’, by adding the word

‘‘Germany,’’ immediately following the

word ‘‘France’’, and by adding the word

‘‘and’’ immediately following the word

‘‘Sweden,’’.

5. In § 319.56–2t, the table is amended

by adding, in alphabetical order, the

following entries:

§ 319.56–2t Administrative instructions:

conditions governing the entry of certain

fruits and vegetables.

* * * * *

Country/locality Common

name Botanical name Plant part(s)

* * * * * * *

Belgium ..................... Leek ............... Allium spp. ............ Whole plant. (Must be accompanied by a phytosanitary certificate issued by the

Ministry of Agriculture of Belgium stating that the leek is apparently free of

Acrolepiopsis assectella.)

* * * * * * *

Ecuador

* * * * * * *

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

El Salvador

* * * * * * *

Eggplant ......... Solanum

melongena.

Fruit, commercial shipments only.

* * * * * * *

Guatemala

* * * * * * *

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

Dill .................. Anethum

graveolens.

Above ground parts.

* * * * * * *

Japan ......................... Mioga Ginger Zingiber mioga ...... Above ground parts.

* * * * * * *

Netherlands ............... Leek ............... Allium spp. ............ Whole plant. (Must be accompanied by a phytosanitary certificate issued by the

Ministry of Agriculture of The Netherlands stating that the leek is apparently

free of Acrolepiopsis assectella.)

* * * * * * *

Nicaragua

* * * * * * *

Eggplant ......... Solanum

melongena.

Fruit, commercial shipments only.

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

* * * * * * *

* * * * *

§ 319.56–2u [Amended]

6. Section 319.56–2u is amended as

follows:

a. In paragraph (b)(1), by removing the

words ‘‘in the Paran region of’’.

b. In paragraph (b)(2), by removing the

word ‘‘Paran’’ and by adding in its place

the words ‘‘the Arava Valley’’.

c. By removing paragraph (b)(6) and

redesignating paragraphs (b)(7) through

(b)(9) as paragraphs (b)(6) through (b)(8),

respectively.

d. In newly designated paragraph

(b)(6), by removing the word ‘‘Paran’’

and by adding in its place the words

‘‘the Arava Valley’’.

e. In newly designated paragraph

(b)(7), by removing the word ‘‘Paran’’

and by adding in its place the words

‘‘the Arava Valley’’.

7. Section 319.56–2w is revised to

read as follows:
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50237

§ 319.56–2w Administrative instruction;

conditions governing the entry of papayas

from Costa Rica.

The Solo type of papaya may be

imported into the continental United

States, Alaska, Puerto Rico, and the U.S.

Virgin Islands from the provinces of

Guanacaste, San Jose, and Puntarenas,

Costa Rica, only under the following

conditions:

(a) The papayas were grown and

packed for shipment to the United

States in the provinces of Guanacaste,

San Jose, and Puntarenas, Costa Rica.

(b) Beginning at least 30 days before

harvest began and continuing through

the completion of harvest, all trees in

the field where the papayas were grown

were kept free of papayas that were 1⁄2

or more ripe (more than 1⁄4 of the shell

surface yellow), and all culled and

fallen fruits were removed from the field

at least twice a week.

(c) When packed, the papayas were

less than 1⁄2 ripe (the shell surface was

no more than 1⁄4 yellow, surrounded by

light green), and appeared to be free of

all injurious insect pests.

(d) The papayas were packed in an

enclosed container or under cover so as

to prevent access by fruit flies and other

injurious insect pests, and were not

packed with any other fruit, including

papayas not qualified for importation

into the United States.

(e) All activities described in

paragraphs (a) through (d) of this section

were carried out under the general

supervision and direction of plant

health officials of the national Ministry

of Agriculture.

(f) Beginning at least 1 year before

harvest begins and continuing through

the completion of harvest, fruit fly traps

were maintained in the field where the

papayas were grown. The traps were

placed at a rate of 1 trap per hectare and

were checked for fruit flies at least once

weekly by plant health officials of the

national Ministry of Agriculture. Fifty

percent of the traps were of the McPhail

type, and fifty percent of the traps were

of the Jackson type. The national

Ministry of Agriculture kept records of

fruit fly finds for each trap, updated the

records each time the traps were

checked, and made the records available

to APHIS inspectors upon request. The

records were maintained for at least 1

year.

(g) All shipments must be

accompanied by a phytosanitary

certificate issued by the national

Ministry of Agriculture stating that the

papayas were grown, packed, and

shipped in accordance with the

provisions of this section.

Done in Washington, DC, this 22nd day of

September 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–25488 Filed 9–24–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Parts 319, 321, and 330

[Docket No. 97–010–2]

Foreign Potatoes

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending our

regulations concerning imported plants

and plant products to prohibit the

importation of potato tubers from

Bermuda and to prohibit the

importation of potato plants from

Newfoundland and a portion of Central

Saanich, British Columbia, Canada.

These changes appear necessary to

prevent the introduction of foreign

potato diseases and insect pests into the

United States. We are also reorganizing

and streamlining the regulations

concerning the importation of potatoes

into the United States. These changes

remove unnecessary regulations and

relieve restrictions that no longer appear

warranted.

EFFECTIVE DATE: October 27, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

James Petit de Mange, Staff Officer,

Import-Export Team, PPQ, APHIS, 4700

River Road, Unit 140, Riverdale, MD

20737–1236; (301)–734–6799; fax (301)–

734–5786; or e-mail:

jpdmange@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations concerning the

importation of foreign potato tubers

have been contained in 7 CFR part 321,

Restricted Entry Orders, Subpart—

Foreign Potatoes (referred to below as

the Foreign Potatoes regulations). The

Foreign Potatoes regulations have

allowed the importation of potato tubers

from Bermuda and Canada (except for

Newfoundland and a portion of South

Saanich, British Columbia) without

restriction. The Foreign Potatoes

regulations also have contained

provisions for importing potato tubers

from other countries that are free of

injurious potato diseases and insect

pests that are new to or not widely

distributed throughout the United

States. However, only Bermuda and

parts of Canada have been considered

free of injurious potato diseases and

insect pests.

The regulations concerning the

importation of foreign potato plants are

contained in 7 CFR 319.37 through

319.37–14, Subpart—Nursery Stock,

Plants, Roots, Bulbs, Seeds, and Other

Plant Products (referred to below as the

Nursery Stock regulations). The Nursery

Stock regulations prohibit the

importation of potato plants from all

parts of the world except Canada.

The regulations concerning the

importation of most foreign fruits and

vegetables are contained in 7 CFR

319.56 through 319.56–8, Subpart—

Fruits and Vegetables (referred to below

as the Fruits and Vegetables

regulations). The Fruits and Vegetables

regulations have referred readers to the

Foreign Potatoes regulations for rules

governing the importation of potatoes.

These regulations are intended to

prevent the introduction of foreign plant

diseases and insect pests into the United

States.

On May 7, 1997, we published in the

Federal Register (62 FR 24849–24851),

Docket No. 97–010–1), a proposal to

prohibit the importation of potato plants

from Newfoundland and a portion of

Central Saanich, British Columbia,

Canada. We also proposed to prohibit

the importation of potato tubers from

Bermuda. These actions were intended

to prevent the introduction of foreign

potato diseases and insect pests into the

United States. Further, we proposed to

move the prohibitions on the

importation of potato tubers from

Bermuda, parts of Canada

(Newfoundland and a portion of Central

Saanich, British Columbia), and all

other parts of the world from the

Foreign Potatoes regulations to the

Nursery Stock regulations. In

conjunction with this change, we

proposed to remove the Foreign

Potatoes regulations from the Code of

Federal Regulations, since the

remainder of the regulatory text

appeared to be unnecessary. We also

proposed to amend the Fruits and

Vegetables regulations to refer readers to

the Nursery Stock regulations, rather

than the Foreign Potatoes regulations,

for rules governing the importation of

potatoes. These actions were intended

to consolidate the regulations for

importing potatoes into one place and

eliminate provisions that are not being

used.

We also proposed to make an editorial

change in the Federal Plant Pest

regulations, contained in 7 CFR part

330.