[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Proposed Rules]
[Pages 50260-50262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25487]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / 
Proposed Rules

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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.

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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 Sec. 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 one-half 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

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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 Sec. 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  deg.C (120.2 
deg.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 case-by-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:


Sec. 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  deg.C (120.2  deg.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

[[Page 50262]]

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