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

50260

Vol. 62, No. 186

Thursday, September 25, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 96–046–2]

Importation of Fruits and Vegetables;

Papayas From Brazil and Costa Rica

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule; reopening and

extension of comment period.

SUMMARY: We are reopening and

extending the comment period on a

proposal to allow the importation of

papayas from Brazil in order to provide

the public with an opportunity to

comment on two additional safeguards

we are proposing to add. These include

requiring a hot water treatment and

requiring that certain actions be taken if

fruit fly captures reach certain levels in

the papaya production areas. We are

also proposing to add these safeguards

to the requirements for importing

papayas from Costa Rica, and are

soliciting public comment on this action

as well. These additional requirements

appear necessary to prevent the

introduction of injurious plant pests

into the United States. Additionally, we

will accept comments on any other

issues involving the importation of

papayas from Brazil.

DATES: Consideration will be given only

to comments received on or before

October 27, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–046–2, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road,

Riverdale, MD 20737–1238. Please state

that your comments refer to Docket No.

96–046–2. Comments received may be

inspected at USDA, room 1141, South

Building, 14th Street and Independence

Avenue SW., Washington, DC, between

8 a.m. and 4:30 p.m., Monday through

Friday, except holidays. Persons

wishing to inspect comments are

requested to call ahead on (202) 690–

2817 to facilitate entry into the

comment reading room.

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

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 in 7 CFR part

319 by allowing certain previously

prohibited fruits and vegetables to be

imported into the United States from

certain parts of the world under

specified conditions.

One of the fruits that we proposed to

allow to be imported into the United

States under certain conditions was

papayas from Brazil. Specifically, we

proposed to allow solo type papayas

(Carica papaya) from Brazil to be

imported into the United States if the

fruit is grown in the State of Espirito

Santo and if the fruit is grown, packed,

and shipped in accordance with certain

phytosanitary conditions.

Because fully ripe papayas can be

hosts of several serious plant pests,

including the Mediterranean fruit fly

(Ceritatis capitata) (Medfly) and the

South American fruit fly (Anastrepha

fraterculus), we proposed to require that

papayas intended for importation into

the United States from the State of

Espirito Santo, Brazil, be subject to

certain special conditions. The

proposed special conditions outlined in

the proposed rule for the importation of

papayas from Brazil were based on the

provisions in § 319.56–2w of the

regulations for papayas from Costa Rica.

The conditions proposed were as

follows:

1. The papayas were grown and

packed for shipment to the United

States in the State of Espirito Santo.

2. Beginning at least 30 days before

harvest began and continuing through

the completion of harvest, all trees in

the area where the papayas were grown

were kept free of papayas that were onehalf or more ripe (more than one-quarter

of shell surface yellow), and all culled

and fallen fruit were removed from the

field at least twice a week.

3. When packed, the papayas were

less than one-half ripe (shell surface no

more than one-quarter yellow,

surrounded by light green) and

appeared to be free of all injurious plant

pests.

4. The papayas were packaged so as

to prevent access by fruit flies or other

injurious plant pests, and the package

does not contain any other fruit,

including papayas not qualified for

importation into the United States.

5. All activities described in

provisions 1 through 4 above were

carried out under the supervision and

direction of plant health officials of the

national Ministry of Agriculture.

6. Beginning at least 1 year before

harvest began 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 the rate of 1 trap per hectare

and were checked for fruit flies at least

once a week by plant health officials of

the national Ministry of Agriculture.

Fifty percent of the traps were of the

McPhail type, and 50 percent of the

traps were of the Jackson type. The

national Ministry of Agriculture kept

records of the fruit fly finds for each

trap, updating the records each time the

traps were checked, and made the

records available to APHIS upon

request. The records were maintained

for at least 1 year.

7. All shipments of papayas 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.

Comments on the proposed rule were

required to be received on or before May

27, 1997. Upon further review and

consideration of this issue, we are also

proposing to require a hot water

treatment for papayas from Brazil and

Costa Rica and to require that certain

actions be taken if fruit fly captures

reach certain levels in the papaya

production areas. These conditions

would further help to prevent the

introduction into the United States of

plant pests, including fruit flies, that

may be associated with the papayas.

Hot Water Treatment

Though it is not currently required by

the regulations, hot water treatment of

papayas prior to importation into the

United States is standard practice in
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Proposed Rules 50261

Costa Rica. We believe that hot water

treatment, in conjunction with other

safeguards established for papayas from

Costa Rica and proposed for papayas

from Brazil, would reduce the

likelihood that papayas will introduce

injurious plant pests into the United

States. Therefore, we are proposing to

amend § 319.56–2w to require that

papayas imported from Brazil and Costa

Rica into the United States be given a

hot water treatment consisting of 20

minutes in water at 49 °C (120.2 °F).

Threshold for Fruit Fly Captures

In order to further reduce the

possibility of the introduction of Medfly

into the United States, we are also

proposing to establish a threshold for

Medfly captures in papaya production

areas of Brazil and Costa Rica. The

thresholds would be as follows: If the

average Jackson trap catch is greater

than 7 Medflies per trap per week,

measures, which may include

Malathion bait sprays or other chemical

sprays, must be taken to control the

Medfly population in the production

area. If the average Jackson trap catch

exceeds 14 Medflies per trap per week,

importations of papayas from that

production area would be halted until

the rate of capture drops to an average

of 7 or fewer Medflies per trap per week.

The thresholds for Medfly trapping

would help detect increasing

populations of Medflies in growing

areas and would help ensure that

Medflies are not associated with imports

of papayas from Brazil or Costa Rica.

Reopening and Extension of Comment

Period

We are reopening and extending the

public comment period on that portion

of Docket No. 96–046–1 that concerns

the importation of papayas from Brazil

from May 27, 1997, until 30 days after

the date of publication of this notice in

the Federal Register. Comments on the

new conditions that would apply to

papayas from Costa Rica will also be

accepted until 30 days after the date of

publication of this notice in the Federal

Register. This action will provide

interested persons with additional time

in which to prepare comments on the

importation of papayas from Brazil and

will allow for public comment on the

new conditions proposed for the

importation of papayas from Costa Rica.

Comments already received concerning

the proposed importation of papayas

from Brazil will remain under

consideration and need not be

resubmitted.

In this edition of the Federal Register,

we have also published a final rule

(Docket No. 96–046–3) that adopts, with

certain changes, other amendments to

the regulations that were proposed in

Docket No. 96–046–1 on March 25, 1997

(62 FR 14037–14044).

Executive Order 12866 and Regulatory

Flexibility Act

This proposed 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.

The Initial Regulatory Flexibility

Analysis set out in the proposed rule

published in the Federal Register on

March 25, 1997, included information

on papayas from Brazil. That

information still applies and will not

change as a result of this proposal.

Executive Order 12988

This proposed rule would allow

papayas to be imported into the United

States from Brazil. If this proposed rule

is adopted, State and local laws and

regulations regarding papayas imported

under this rule would be preempted

while the fruit is in foreign commerce.

Fresh papayas 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.

The paperwork requirements and

burdens were described in the proposed

rule published in the Federal Register

on March 25, 1997, and will not change

as a result of this proposal.

Copies of this information collection

can be obtained from: Clearance Officer,

OIRM, USDA, Room 404–W, 1400

Independence Ave., SW, Washington,

DC 20250.

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 would be

amended 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).

9. Section 319.56–2w would be

revised to read as follows:

§ 319.56–2w Administrative instruction;

conditions governing the entry of papayas

from Brazil and 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 State of Espirito

Santo, Brazil, and 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 State of Espirito Santo,

Brazil, or 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) The papayas were treated with a

hot water treatment consisting of 20

minutes in water at 49 °C (120.2 °F).

(d) 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.

(e) The papayas were packaged so as

to prevent access by fruit flies and other

injurious insect pests, and the package

does not contain any other fruit,

including papayas not qualified for

importation into the United States.

(f) All activities described in

paragraphs (a) through (e) of this section

were carried out under the supervision

and direction of plant health officials of

the national Ministry of Agriculture.

(g) 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
50262 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Proposed Rules

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. If the average

Jackson trap catch was greater than 7

Medflies per trap per week, measures

were taken to control the Medfly

population in the production area. 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.

(h) If the average Jackson trap catch

exceeds 14 Medflies per trap per week,

importations of papayas from that

production area must be halted until the

rate of capture drops to an average of 7

or fewer Medflies per trap per week.

(i) 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. 97–25487 Filed 9–24–97; 8:45 am]

BILLING CODE 3410–34–P

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 725

Central Liquidity Facility

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Notice of proposed rulemaking.

SUMMARY: The National Credit Union

Central Liquidity Facility(the CLF), a

mixed-ownership government

corporation within theNCUA, serves as

a liquidity source for its member credit

unions. The current regulation requires

the CLF to secure each loan with a

security interest in all of the assets of

the member credit union. This

requirement interferes with the ability

of credit unions to establish credit

arrangements with other parties and in

some cases may preclude members from

borrowing from the CLF. In order to

accommodate credit arrangements

between the CLF member credit unions

and multiple parties, NCUA is

proposing to amend this requirement to

permit the CLF to take, in lieu of a

blanket security interest, a first priority

security interest in specific assets of the

credit union with a net book value at

least equal to 110% of the amounts

owed on the CLF advance or Agent loan.

The proposed rule is intended to

provide credit unions with greater

flexibility in their normal operations

while ensuring that the CLF is

adequately protected for any loans that

it makes.

DATES: Comments must be received on

or before November 24, 1997.

ADDRESSES: Comments should be

directed to Becky Baker, Secretary of the

Board. Mail or hand-deliver comments

to: National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia 22314–3428. Fax

comments to (703) 518–6319. E-mail

comments to boardmail@ncua.gov.

Please send comments by one method

only.

FOR FURTHER INFORMATION CONTACT:

Herbert S. Yolles, President, National

Credit Union Central Liquidity Facility,

at the above address. Telephone

Number (703) 518–6391 or (703) 518–

6363.

SUPPLEMENTARY INFORMATION:

Background

Pub. L. 96–630, Title XVIII, 12 U.S.C.

1795, et seq., enacted in 1979, created

the CLF. Its purpose is to improve

general financial stability by meeting

the liquidity needs of credit unions and

thereby encourage savings, support

consumer and mortgage lending, and

provide basic financial resources to all

segments of the economy.

Most credit unions are members of a

corporate credit union. In addition,

credit unions are now eligible for

Federal Home Loan Bank membership.

Both corporate credit unions and

Federal Home Loan Banks require that

a credit union provide collateral for

borrowing. In addition, credit unions

may also borrow from other financial

institutions and are required to provide

collateral for such borrowings. While

multiple security agreements are not

prohibited under the current regulation,

the presence of competing security

interests could result in the CLF being

under-collateralized for any advances.

Collateral—Net Book Value

Currently, Section 725.19 requires

that the CLF secure each loan with a

blanket security interest in all of the

assets of the member credit union. The

proposed rule gives the CLF the option

of taking either a blanket security

interest or a first priority security

interest in specific collateral of the

credit union with a net book value at

least equal to 110% of the amounts

owed on the CLF advance or Agent loan.

This requirement would permit a credit

union to provide collateral to other

lenders and still have the ability to

borrow from the CLF, so long as it had

other assets with sufficient net book

value to support the CLF advance or

Agent loan. It also would permit the

CLF to accept a security interest in all

assets of the credit union as collateral

for a CLF advance to a Regular member.

However, the net book value of the

assets would still have to be at least

equal to 110% of the amounts amounts

owed on the CLF advance or Agent loan.

Superior Perfected Interest

In calculating the value of the assets

covered by the security interest, assets

in which any third party had a superior

perfected interest would be excluded.

Section 208 Assistance

The proposed rule also expressly

authorizes the CLF to accept the

guarantee of the National Credit Union

Share Insurance Fund as collateral for

borrowings by a credit union. This

provision would facilitate advances by

the CLF to credit unions receiving

assistance under Section 208 of the

Federal Credit Union Act.

Regulatory Procedures

Regulatory Flexibility Act

The NCUA Board certifies that this

proposed rule, if adopted, will not have

a significant impact on a substantial

number of small credit unions (those

under $1 million in assets). The

proposed rule will make it easier for

credit unions to obtain loans from both

CLF and other sources. Accordingly, a

regulatory flexibility analysis is not

required.

Paperwork Reduction Act

The proposed rule has no information

collection requirements; therefore, no

Paperwork Reduction Act analysis is

required.

Executive Order 12612

The NCUA Board has determined that

the proposed rule, if adopted, will not

have a substantial direct effect on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among various levels of

government.

List of Subjects in 12 CFR Part 725

Credit, Credit unions, Reporting and

recordkeeping requirements.