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.
50238 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations

We solicited comments concerning

our proposal for 60 days ending July 7,

1997. We received two comments by

that date. They were from

representatives of a State government

and State University students. Both

comments fully supported the proposed

rule.

Therefore, based on the rationale set

forth in the proposed rule, we are

adopting the provisions of the proposal

as a final rule, without change.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

This rule moves the prohibitions on

importing potato tubers from part 321 to

subpart 319.37, prohibits the

importation of potato tubers from

Bermuda, and prohibits the importation

of potato plants from Newfoundland

and a portion of Central Saanich, British

Columbia, Canada. These actions are not

expected to have any economic impact.

There have been no requests to import

potato tubers from Bermuda, no record

of shipments of potato tubers from

Bermuda, and Bermuda has no potato

tuber production for export. Canada

does not allow potato tubers or plants to

move from Newfoundland or the

portion of Central Saanich that is

covered by this rule due to the presence

of potato wart disease and golden

nematode.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

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.).

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

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.

7 CFR Part 321

Imports, Plant diseases and pests,

Potatoes, Quarantine, Reporting and

recordkeeping requirements.

7 CFR Part 330

Customs duties and inspection,

Imports, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly title 7, chapter III, 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).

2. In § 319.37–2 paragraph (a), the

table is amended by revising the entry

for Solanum spp. (potato) to read as

follows.

§ 319.37–2 Prohibited Articles.

(a) * * *

Prohibited article (includes seeds only if specifically mentioned) Foreign places from which prohibited

Plant pests existing in the places named and

capable of being transported with the prohibited article

* * * * * * *

Solanum spp. (potato) (tuber bearing species

only-Section Tuberarium), including potato

tubers.

All except Canada (except Newfoundland and

that portion of the Municipality of Central

Saanich in the Province of British Columbia

east of the West Saanich Road.

Andean potato latent virus; Andean potato

mottle virus; potato mop top virus;

dulcamara mottle virus; tomato blackring

virus; tobacco rattle virus; potato virus Y (tobacco veinal necrosis strain); potato purple

top wilt agent; potato marginal flavescence

agent; potato purple top roll agent; potato

witches broom agent; stolbur agent;

parastolbur agent; potato leaflet stunt agent;

potato spindle tuber viroid; arracacha virus

B; potato yellowing virus.

* * * * * * *

* * * * *

3. In § 319.56–2, footnote 1 and the

reference to it are removed, footnote 2

and the reference to it are redesignated

as footnote 1, and paragraph (c) is

revised to read as follows:

§ 319.56–2 Restrictions on entry of fruits

and vegetables.

* * * * *

(c) Fruits and vegetables grown in

Canada may be imported into the

United States without restriction under

this subpart; provided, that potatoes

from Newfoundland and that portion of

the Municipality of Central Saanich in

the Province of British Columbia east of

the West Saanich Road are prohibited

importation into the United States in

accordance with § 319.37–2 of this part.

* * * * *

PART 321—[REMOVED]

Under the authority of 7 U.S.C. 136,

136a, 154, 159, and 162; 7 CFR, Chapter

III, is amended by removing ‘‘Part 321—

Restricted Entry Orders.’’
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50239

PART 330—FEDERAL PLANT PEST

REGULATIONS; GENERAL; PLANT

PESTS; SOIL, STONE, and QUARRY

PRODUCTS; GARBAGE

4. The authority citation for part 330

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd–

150ff, 161, 162, 164a, 450, 2260; 19 U.S.C.

1306; 21 U.S.C. 111, 114a; 136 and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR

2.22, 2.80, and 371.2(c).

5. In § 330.300a, the words ‘‘South

Saanich’’ are removed and the words

‘‘Central Saanich’’ are added in their

place.

Done in Washington, DC, this 22nd day of

September 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–25489 Filed 9–24–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 981

[Docket No. FV97–981–3 FIR]

Almonds Grown in California; Revision

to Requirements Regarding Inedible

Almonds

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, without change, the

provisions of an interim final rule

revising the administrative rules and

regulations of the California almond

marketing order regarding inedible

almonds. Under the terms of the order,

handlers are required to obtain

inspection on almonds received from

growers to determine the percent of

inedible almonds in each lot of any

variety. Handlers are then required to

dispose of a quantity of almonds in

excess of 1 percent of the weight of

almonds reported as inedible to nonhuman consumption outlets. This rule

allows alternative methods of

determining handlers’ inedible

disposition obligations in such

instances. It will add flexibility to the

order’s rules and regulations and will

help ensure that the integrity of the

quality control provisions is

maintained.

EFFECTIVE DATE: October 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Martin Engeler, Assistant Regional

Manager, California Marketing Field

Office, Marketing Order Administration

Branch, F&V, AMS, USDA, 2202

Monterey Street, suite 102B, Fresno,

California 93721; telephone: (209) 487–

5901, Fax: (209) 487–5906; or George

Kelhart, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 720–5698. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, Marketing Order

Administration Branch, F&V, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; telephone:

(202) 720–2491, Fax: (202) 720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order No.

981, as amended (7 CFR part 981),

regulating the handling of almonds

grown in California, hereinafter referred

to as the ‘‘order.’’ The marketing

agreement and order are effective under

the Agricultural Marketing Agreement

Act of 1937, as amended (7 U.S.C. 601–

674), hereinafter referred to as the

‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after date of the entry

of the ruling.

This rule revises the administrative

rules and regulations of the California

almond order regarding inedible

almonds. Under the terms of the order,

handlers are required to obtain

inspection on almonds received from

growers to determine the percent of

inedible almonds in each lot of any

variety. Handlers are then required to

dispose of a quantity of almonds in

excess of 1 percent of the weight of

almonds reported as inedible to nonhuman consumption outlets. The

quantity of almonds required to be

disposed of is the handler’s inedible

disposition obligation. However, there

are times when an incoming inspection

sample may not be drawn, may be lost,

or the size of the sample drawn may be

too small for an inedible weight to be

determined. This rule provides handlers

with the opportunity in such cases to

substantiate to the Board the weight of

almonds received, the edible and

inedible kernel weights, and the

adjusted kernel weight. Such

information can often be obtained from

an outgoing inspection certificate. The

inedible disposition obligation may then

be based on that information. If a

handler is only able to substantiate the

approximate weight of almonds

received, an inedible disposition

obligation of 10 percent of the weight of

almonds received in that particular lot

may be applied, upon agreement

between Board staff and the handler.

The appropriate weight received can

often be obtained from a weighmaster’s

weight certificate. In adding these

procedures to the text of the rules and

regulations, this rule will add flexibility

to the rules and regulations and will

help ensure that the integrity of the

quality control provisions of the order is

maintained. This change was

unanimously recommended by the

Board.

Section 981.42(a) of the almond order

requires handlers to obtain incoming

inspection on almonds received from

growers to determine the percent of

inedible kernels in any variety.

Handlers are required to report such

inedible determination for each lot

received to the Board. Inedible kernels

are those kernels, pieces, or particles of

kernels with any defect scored as

serious damage (excluding the presence

of web and frass), or damage due to

mold, gum, shrivel, or brown spot, as

defined in the United States Standards

for Grades of Shelled Almonds, or

which have embedded dirt not easily

removed by washing. Edible kernels are

kernels, pieces, or particles of almond

kernels that are not inedible. Section

981.42(a) also provides authority for the

Board, with the approval of the

Secretary, to establish rules and

regulations necessary and incidental to