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

30646

Vol. 63, No. 108

Friday, June 5, 1998

1 Information on these pest risk analyses and any

other pest risk analysis referred to in this document

may be obtained by writing to the person listed

under FOR FURTHER INFORMATION CONTACT or by

calling the Plant Protection and Quarantine (PPQ)

fax vault at 301–734–3560.

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 97–107–1]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the Fruits and Vegetables regulations to

list a number of fruits and vegetables

from certain parts of the world as

eligible, under specified conditions, for

importation into the United States. All

of the fruits and vegetables, as a

condition of entry, would be inspected

and subject to disinfection 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 would be required to meet

other special conditions. This action

would provide the United States with

additional kinds and sources of fruits

and vegetables while continuing to

provide protection against the

introduction of injurious plant pests by

imported fruits and vegetables.

We are also proposing to declare

certain areas in Mexico as fruit fly-free

areas. Those areas would include three

municipalities in the State of Baja

California Sur, six municipalities in the

State of Chihuahua, and six

municipalities in the State of Sonora.

This action would relieve restrictions

while continuing to prevent the

introduction of plant pests into the

United States.

DATES: Consideration will be given only

to comments received on or before

August 4, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–107–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–107–1. 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, Import Specialist,

Phytosanitary Issues Management Team,

PPQ, APHIS, 4700 River Road Unit 140,

Riverdale, MD 20737–1236; (301) 734–

6799; or E-mail:

rcampbell@aphis.usda.gov.

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.

We are proposing to amend the

regulations to list a number of fruits and

vegetables from certain parts of the

world as eligible, under specified

conditions, for importation into the

United States. We are proposing this

action at the request of various

importers and foreign ministries of

agriculture, and after conducting pest

risk analyses 1 that indicate the fruits or

vegetables can be imported under

certain conditions without significant

pest risk.

All of the fruits and vegetables

included in this document would have

to be imported under permit and subject

to the requirements in § 319.56–6 of the

regulations. Section 319.56–6 provides,

among other things, that all imported

fruits and vegetables, as a condition of

entry, shall be inspected, and shall be

subject to such disinfection at the port

of first arrival as may be required by a

U.S. Department of Agriculture (USDA)

inspector, to detect and eliminate plant

pests. Section 319.56–6 also provides

that any shipment of fruits and

vegetables may be refused entry if the

shipment is so infested with fruit flies

or other injurious plant pests that an

inspector determines that it cannot be

cleaned or treated.

Some of the fruits and vegetables

proposed for importation would be

required to meet other special

conditions. The proposed conditions of

entry, which are discussed in greater

detail below, appear adequate to prevent

the introduction and dissemination of

fruit flies and other injurious plant pests

by the importation of these fruits and

vegetables.

Subject to Inspection and Treatment

Upon Arrival

We are proposing to amend the list in

§ 319.56–2t to recognize the following

fruits and vegetables as eligible for

importation into the United States from

the country or locality indicated in

accordance with § 319.56–6 and all

other applicable requirements of the

regulations:

Country/locality Common name Botanical name Plant part(s)

Ecuador ......................................... Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp ................................. Whole plant of edible varieties

only.

El Salvador .................................... Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp ................................. Whole plant of edible varieties

only.
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules 30647

Country/locality Common name Botanical name Plant part(s)

Guatemala ..................................... Rhubarb ........................................ Rheum rhabarbarum ..................... Above ground parts.

Israel ............................................. Parsley .......................................... Petroselinum crispum ................... Above ground parts.

Mexico ........................................... Salicornia ...................................... Salicornia spp ............................... Above ground parts.

Nicaragua ...................................... Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp ................................. Whole plant of edible varieties

only.

Mint ............................................... Mentha spp ................................... Above ground parts.

Parsley .......................................... Petroselinum crispum ................... Above ground parts.

Rosemary ...................................... Rosmarinus officinalla ................... Above ground parts.

Peru ............................................... Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp ................................. Whole plant of edible varieties

only.

Swiss chard ................................... Beta vulgaris ................................. Leaf and stem.

Panama ......................................... Belgian endive, chicory, and endive.Cichorium spp ............................... Above ground parts.

South Africa .................................. Pineapple ...................................... Ananas spp ................................... Fruit.

Pest risk analyses conducted by the

Animal and Plant Health Inspection

Service (APHIS) have shown that the

fruits and vegetables listed above are not

attacked by fruit flies or other injurious

plant pests, either because they are not

hosts to the pests or because the pests

are not present in the country or locality

of origin. In addition, we have

determined that any other injurious

plant pests that might be carried by any

of the listed fruits or vegetables would

be readily detectable by a USDA

inspector. Therefore, the provisions at

§ 319.56–6 concerning inspection and

disinfection at the port of first arrival

appear adequate to prevent the

introduction into the United States of

fruit flies or other injurious plant pests

by the importation of these fruits and

vegetables.

Subject to Inspection and Treatment

Upon Arrival; Additional Conditions

We propose to allow the following

fruits and vegetables to be imported into

the United States from the countries

indicated subject to the prescribed

conditions and in accordance with

§ 319.56–6 and all other applicable

requirements of the regulations:

Watermelon From Brazil and

Cantaloupe, Honeydew Melon, and

Watermelon From Venezuela

We are proposing to allow

watermelon from Brazil and cantaloupe,

honeydew melon, and watermelon from

Venezuela to be imported into the

United States under the same conditions

currently in place for the importation of

cantaloupe and honeydew melon from

Brazil (see § 319.56–2aa). Cantaloupe

and honeydew melon from Brazil have

been imported into the United States

under the growing, packing, and

labeling conditions described below

since 1995 and 1993, respectively, and

we believe these conditions are also

adequate to ensure the safe importation

of watermelon from Brazil and

cantaloupe, honeydew melon, and

watermelon from Venezuela.

Because cantaloupe, honeydew

melon, and watermelon can be hosts of

the South American cucurbit fly

(Anastrepha grandis), we would require

that the melons and cantaloupe

intended for importation into the United

States from Brazil and Venezuela be

subject to certain special conditions,

which are described below. The

proposed special conditions for the

importation of these fruits from Brazil

and Venezuela are as follows:

1. The cantaloupe, honeydew melon,

and watermelon must have been grown

in the area of Brazil or the area of

Venezuela considered by APHIS to be

free of the South American cucurbit fly.

The area for Brazil would remain the

same as it is described in § 319.56–2aa

of the regulations for the importation of

cantaloupe and honeydew melon from

Brazil: That portion of Brazil bounded

on the north by the Atlantic Ocean; on

the east by the River Assu (Acu) from

the Atlantic Ocean to the city of Assu;

on the south by Highway BR 304 from

the city of Assu (Acu) to Mossoro, and

by Farm Road RN–015 from Mossoro to

the Ceara State line; and on the west by

the Ceara State line to the Atlantic

Ocean. The area for Venezuela would be

the Paraguana Peninsula, located in the

State of Falcon, bounded on the north

and east by the Caribbean Ocean, on the

south by the Gulf of Coro and an

imaginary line dividing the autonomous

districts of Falcon and Miranda, and on

the west by the Gulf of Venezuela.

This condition would help ensure

that the melons and cantaloupe were

grown in an area of Brazil or Venezuela

that is free of South American cucurbit

fly and would, therefore, provide

protection against the introduction of

that pest into the United States. The

areas described were determined to be

free of the South American cucurbit fly

in accordance with § 319.56–2(e)(4) and

(f). Paragraph (e)(4) of § 319.56–2 allows

the importation of a fruit or vegetable

without treatment for certain injurious

insects that attack it if the fruit or

vegetable is imported from a definite

area or district of the country of origin

that is free from those injurious insects,

and provided that all other injurious

insects that attack the fruit or vegetable

in the area or district of the country of

origin have been eliminated from the

fruit or vegetable by treatment or any

other procedures that may be prescribed

by the Administrator. The South

American cucurbit fly is the only insect

pest known to attack watermelon in

Brazil and cantaloupe, honeydew

melon, and watermelon in Venezuela

that is not readily detectable by

inspection. Paragraph (f) of § 319.56–2

contains the criteria by which the

Administrator may designate definite

areas or districts as free from injurious

insects.

2. All shipments of cantaloupe,

honeydew melon, and watermelon must

be accompanied by a phytosanitary

certificate issued either by the

Departmento de Defesa e Inspec ̧a ̃o

Vegetal (Brazilian Department of Plant

Health and Inspection) or the Servicio

Autonomo de Sanidad Agropecuaria

(the plant protection service of

Venezuela) that states that the melons or

cantaloupe were grown in an area

recognized to be free of the South

American cucurbit fly.

This condition would help ensure

that only melons and cantaloupe grown

in areas free of the South American
30648 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules

cucurbit fly are imported into the

United States.

3. Cartons of cantaloupe, honeydew

melon, and watermelon must be packed

for shipment in an enclosed shipping

container or vehicle, or must be covered

by a pest-proof screen or plastic

tarpaulin in a manner to prevent the

entry of pests, while in transit to the

United States.

This condition would help ensure

that harvested melons and cantaloupe

would not be at risk for infestation by

plant pests while en route to the United

States.

4. In accordance with § 319.56–2(g) of

the regulations, each carton of

cantaloupe, honeydew melon, and

watermelon must be clearly labeled

with the name of the orchard or grove

of origin, or the name of the grower; the

name of the municipality and State in

which the fruit was produced; and the

type and amount of fruit in the carton.

This information would allow an

inspector to readily identify shipments

of melons and cantaloupe from Brazil

and Venezuela and to easily trace those

shipments back to their orchard or grove

of origin.

Because the conditions described

above have proven effective in

preventing the introduction into the

United States of South American

cucurbit fly and other plant pests in

shipments of cantaloupe and honeydew

melon from Brazil, we believe that they,

as well as all other applicable

requirements in § 319.56–6, would also

be adequate to allow the importation of

watermelon from Brazil and cantaloupe,

honeydew melon, and watermelon from

Venezuela.

Peppers From Spain

We are proposing to allow peppers

(Capsicum spp.) from Spain to be

imported into the United States under

certain conditions. Because peppers can

be hosts of several serious plant pests,

including the Mediterranean fruit fly

(Ceratitis capitata) (Medfly), we would

require that the peppers be grown in

registered greenhouses in the Almeria

Province; that the peppers be packed

and shipped in accordance with certain

phytosanitary conditions; and that

certain fruit fly trapping requirements

are met. These conditions are explained

below.

1. The peppers must be grown in the

Almeria Province of Spain in pest-proof

greenhouses registered with, and

inspected by, the Spanish Ministry of

Agriculture, Fisheries, and Food

(MAFF).

This condition would provide

protection against the introduction of

plant pests into the United States by

ensuring that peppers intended for

importation from Spain would be grown

only in pest-proof greenhouses

registered with and inspected by MAFF

in Almeria Province. Trapping records

demonstrate that fruit fly population

levels in Almeria Province are low, the

area is situated in a region where

environmental conditions are not

favorable for reproducing fruit fly

populations, and Almeria Province is

prepared to manage pepper production

and packing through the use of

registered pest-proof greenhouses, as

well as the other elements of the

systems approach described below.

2. The peppers may be shipped only

from December 1 through April 30,

inclusive.

This condition would help ensure

that peppers from Almeria Province are

shipped to the United States during

those months that the Medfly

population in Almeria Province is at its

lowest density. Therefore, this condition

would help reduce the risk of Medfly

introduction into the United States.

3. Beginning on October 1, and

continuing through April 30, MAFF

must set and maintain Medfly traps

baited with trimedlure inside the

greenhouses at a rate of four traps per

hectare. In all outside areas, including

urban and residential areas, within 8

kilometers of the greenhouses, MAFF

must set and maintain Medfly traps

baited with trimedlure at a rate of four

traps per square kilometer. All traps

must be checked every 7 days.

This condition would ensure the

earliest possible detection of the

presence of fruit flies in and around

greenhouses where peppers are grown.

4. Capture of a single Medfly in a

registered greenhouse will immediately

halt exports from that greenhouse until

APHIS determines that the source of

infestation has been identified, that all

Medflies have been eradicated, and that

measures have been taken to preclude

any future infestation. Capture of a

single Medfly within 2 kilometers of a

registered greenhouse will require

increasing trap density in order to

determine whether there is a

reproducing population in the area.

Capture of two Medflies within 2

kilometers of a registered greenhouse

during a 1-month period will halt

exports from all registered greenhouses

within 2 kilometers of the capture, until

the source of infestation is determined

and all Medflies are eradicated.

This condition would ensure that

appropriate measures, including halting

imports of peppers, are taken to prevent

the introduction of fruit flies into the

United States with peppers from Spain.

5. The peppers must be safeguarded

against fruit fly infestation from harvest

to export. Such safeguarding includes

covering newly harvested peppers with

fruit fly-proof mesh screen or plastic

tarpaulin in a manner to prevent the

entry of pests, while in transit from the

greenhouse to the packing house and

while awaiting packing, and packing the

peppers in fruit fly-proof cartons, or

cartons covered with fruit-fly proof

mesh screen or plastic tarpaulin, and

placing those cartons in enclosed

shipping containers for transit to the

airport and subsequent shipment to the

United States.

This condition would help ensure

that harvested peppers would not be at

risk for infestation by fruit flies or other

plant pests while en route to the

packing house, during packing, or

during shipment to the United States.

6. The peppers must be packed within

24 hours of harvest.

Because fruit fly host crops become

better host material as they ripen, and

because such crops ripen more quickly

after they are harvested, this condition

would further reduce the likelihood that

Medfly would attack the fruit before it

is packed.

7. During shipment, the peppers may

not transit any other fruit fly-supporting

areas unless shipping containers are

sealed by MAFF with an official seal

whose number is noted on the

phytosanitary certificate.

This condition would provide

additional protection against exposure

of the peppers to fruit flies while the

peppers are en route to the United

States.

8. A phytosanitary certificate issued

by MAFF and bearing the following

declaration, ‘‘These peppers were grown

in registered greenhouses in Almeria

Province in Spain,’’ must accompany

the shipment.

This condition would help ensure

that peppers from Spain imported into

the United States were grown only in

approved locations.

We believe that the proposed

conditions described above, as well as

all other applicable requirements in

§ 319.56–6, would be adequate to

prevent the introduction of Medfly and

other plant pests into the United States

with peppers imported from Spain.

Fruit Fly-Free Areas in Mexico

The regulations at § 319.56–2(h) list

the municipalities in the State of

Sonora, Mexico, that are recognized, in

accordance with the criteria for definite

areas in § 319.56–2(e)(4) and (f), as areas

free of the following fruit flies: Medfly,

Mexican fruit fly (Anastrepha ludens),

dark fruit fly (Anastrepha serpentina),
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules 30649

West Indian fruit fly (Anastrepha

obliqua), and South American fruit fly

(Anastrepha fraterculus). The listed

municipalities are: Altar, Atil, Caborca,

Carbo, Empalme, Guaymas, Hermosillo,

Pitiquito, Puerto Penasco, San Luis Rio

Colorado, and San Miguel. Apples,

apricots, grapefruit, oranges, peaches,

persimmons, pomegranates, and

tangerines may be imported from these

municipalities without treatment for the

fruit flies listed above.

Recently, Mexico provided APHIS

with the trapping data that demonstrates

that additional municipalities meet the

criteria of § 319.56(e) and (f) for a

definite area with respect to these same

fruit flies. Therefore, we are proposing

to add the following three

municipalities in the State of Baja

California Sur, six municipalities in the

State of Chihuahua, and six

municipalities in the State of Sonora to

the list of municipalities in § 319.56–

2(h): Comondu ́, Loreto, and Mulege ́ in

the State of Baja California Sur;

Bachiniva, Casas Grandes, Cuahutemoc,

Guerrero, Namiquipa, and Nuevo Casas

Grandes in the State of Chihuahua; and

Bacum, Benito Juarez, Cajeme, Etchojoa,

Huatabampo, and Navajoa in the State

of Sonora.

Miscellaneous

We are proposing to make a minor

editorial change to § 319.56–2(h) to

correct an out-of-date reference to the

municipality of Guaymas. Guaymas has

been divided into two sections: the

northern section now named Guaymas,

and the southern section now named

San Rio Muerto. Therefore, we are

adding San Rio Muerto to the list in

§ 319.56–2(h) to reflect the division.

We are also proposing to make several

other nonsubstantive editorial changes

for clarity and consistency.

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.

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

have performed an Initial Regulatory

Flexibility Analysis, which is set out

below, regarding the impact of this

proposed rule on small entities. Based

on the information we have, there is no

basis to conclude that adoption of this

proposed rule would result in any

significant economic impact on a

substantial number of small entities.

However, we do not currently have all

of the data necessary for a

comprehensive analysis of the effects of

this proposed rule on small entities.

Therefore, we are inviting comments on

potential effects. In particular, we are

interested in determining the number

and kind of small entities that may

incur benefits or costs from the

implementation of this proposed rule.

Under the Federal Plant Pest Act (7

U.S.C. 150aa–150jj) and the Plant

Quarantine Act (7 U.S.C. 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.

We are proposing to amend the Fruits

and Vegetables regulations to list a

number of fruits and vegetables from

certain parts of the world as eligible,

under specified conditions, for

importation into the United States. All

of the fruits and vegetables, as a

condition of entry, would be inspected

and subject to such disinfection 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 would be required to

meet other special conditions. This

action would provide 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.

Our proposal 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 assessments

indicate that the fruits or vegetables

listed in this proposed rule could, under

certain conditions, be imported into the

United States without significant pest

risk.

We are also proposing to declare

certain areas in Mexico as fruit fly-free

areas. Those areas would include three

municipalities in the State of Baja

California Sur, six municipalities in the

State of Chihuahua, and six

municipalities in the State of Sonora.

Availability of Data

For many of the commodities

proposed for importation into the

United States in 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 heavily produced

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.

Watermelon From Brazil

Complete information is not available

on U.S. watermelon production.

However, data shows that, in 1996, a

total of 459,180 metric tons of

watermelon, of which 22 percent was

imported, was shipped to 18 major U.S.

cities.

The United States is a net importer of

watermelons. In 1996, imports totaled

207,000 metric tons, valued at $49.9

million, compared to 116,000 metric

tons exported, worth $30.4 million.

Data on the number or size of

watermelon 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 watermelons

are also small.

If the proposed rule is adopted,

watermelons would be allowed to be

exported to the United States from that

part of Brazil considered free of the

South American cucurbit fly.

Information on the quantity of

watermelons produced in that area of

Brazil and on the quantity of

watermelons expected to be imported

from Brazil is not available, but we do

not expect that amount to be large

enough to adversely affect U.S. growers.

Brassica spp. from Ecuador, El Salvador,

Nicaragua, and Peru

Brassica spp. include a variety of

crops, some of which are more familiar

(such as broccoli, cauliflower, and

cabbage) than others (such as pak choi,

tatsoi, celery mustard, and celery

cabbage).

For the two major Brassica subvarieties, broccoli and cauliflower, U.S.

commercial production in 1996 was

valued at about $397 million (649,600

metric tons) and $217 million (297,560

metric tons), respectively. Although

U.S. production data is not available for

other Brassica species, information on

quantities shipped fresh to 18 major

U.S. cities illustrates their relative

importance to those markets. While

fresh shipments of broccoli and
30650 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules

cauliflower totaled 170,830 metric tons

and 87,270 metric tons, respectively,

fresh shipments of cabbage totaled

219,360 metric tons; Chinese cabbage,

27,490 metric tons; turnips-rutabagas,

10,800 metric tons; and Brussels

sprouts, 6,080 metric tons.

In 1996, the value of U.S. exports of

major Brassica spp. totaled about $188

million, compared to U.S. imports of

$146 million. This means that the

United States is a net exporter of these

vegetables.

Information on U.S. production of less

popular Brassica varieties and subvarieties, such as Brassica rapa,

Brassica chinensis, and Brassica

pekinensis, is generally very limited for

a number of reasons. Data that is

recorded for the production of these

commodities is usually presented in an

aggregated format, under ‘‘Chinese’’ or

‘‘Oriental’’ vegetables or more broadly

under a ‘‘Miscellaneous’’ category. Even

when data specifically addresses one or

more of these commodities, the

information may still provide an

incomplete picture of overall

production. For example, statistics

obtained from county lists of pesticide

permittees only include crops treated

with pesticides for which permits are

required.

Bearing in mind these limitations,

APHIS has made inquiries at the county

and producer levels in principal

production areas of California and

Florida regarding number of growers,

acreage, and quantities and values of

production. Though most domestic

production probably occurs in

California and Florida, some production

of these commodities takes place in

other States as well. For example, one

large-scale producer in California

regularly grows mizuna and tatsoi in

California for 37 weeks and in Arizona

during the remaining weeks of the year.

However, most domestically grown

Brassica rapa and Brassica chinensis are

probably produced in California and

Florida.

Twenty-five counties in California

were surveyed for production of these

commodities. No information was

available from seven of the counties. Of

the remaining 18 counties, ‘‘Oriental’’

vegetables are grown on about 12,250

acres, with total annual production

valued at about $33 million. Nine of the

18 counties were found to record

information on areas planted in specific

sub-varieties of Brassica rapa and

Brassica chinensis. Those counties

reported a combined production area of

about 3,500 acres for these varieties.

Only four of the nine counties could

provide information on the value of

production for certain sub-varieties; in

those counties, the sub-varieties were

grown on a total of 1,012 acres and were

valued at about $4.9 million.

Because most of the data on

California’s production of these

commodities is aggregated, there is little

that can be stated with confidence about

the individual quantities grown.

However, it would appear that the value

of California’s annual production of

Brassica rapa and Brassica chinensis

probably lies well above $5 million, but

below $30 million. By far, most

producers are small entities by SBA

standards. Even the larger operations

can probably be considered small

entities (with annual sales below $0.5

million).

In Florida, most production of

Brassica rapa and Brassica chinensis

takes place in Palm Beach County, by

both small- and large-scale producers. It

is possible that a couple of the larger

ones may have annual sales exceeding

$0.5 million. In 1995–96, over 1,260

acres were planted with these

commodities in Palm Beach County,

with production valued at almost $2.3

million. Assuming this amount

represents about 80 percent of the

State’s total, Florida’s overall

production may be worth more than

$2.8 million.

To these estimates for California and

Florida should be added production

taking place in other States where

conducive growing conditions are

found. When all growers are considered,

U.S. producers of Brassica rapa and

Brassica chinensis may number in the

hundreds, with most of the operations

very small-scale. The value of U.S.

production is probably in the tens of

millions of dollars.

Although statistics are not available

on U.S. production of Chinese cabbage

(Brassica pekinensis), fresh shipments

to 18 major U.S. cities in 1996 totaled

about 27,490 metric tons, of which less

than 2 percent was imported (about 320

metric tons from Mexico and 180 metric

tons from Canada). California was the

origin of nearly 95 percent of fresh

shipments of domestically grown

Chinese cabbage. Between 1994 and

1996, shipments to the 18 major U.S.

cities grew by more than 20 percent.

Of the surveyed counties in

California, only four offered specific

information on the number of acres

planted with Chinese cabbage and the

value of production. They reported

Chinese cabbage grown on 845 acres

and worth $5.5 million.

The most recent data on Ecuador’s

production of principal Brassica

vegetables indicate relative small

quantities compared to those of the

United States. In 1996, Ecuador

produced 11,132 metric tons of cabbage,

4,000 metric tons of broccoli, and 1,421

metric tons of cauliflower. However, it

has not been possible to gather

information on the quantity of Brassica

spp. expected to be imported from

Ecuador, but the amounts are unlikely

to be large enough to affect U.S. entities.

Certain Brassica oleracea varieties,

including cabbage, cauliflower, broccoli,

Brussels sprouts, and kale, grown in El

Salvador have been entering the United

States under permit for many years.

Therefore, the impact of allowing entry

of all Brassica spp. would be based on

the potential imports of the more minor

species, such as Brassica rapa varieties.

Research is being conducted in El

Salvador on some of the minor Brassica

varieties, such as Chinese cabbage, but

they are not established commercial

crops. Therefore, no impacts are

expected in allowing the importation

into the United States of Brassica spp.

from El Salvador.

The only information available on the

production of Brassica spp. by

Nicaragua concerns broccoli and

cauliflower. Nicaragua’s annual levels of

production of these two vegetables are

reported to be 158 metric tons and 308

metric tons, respectively. These

quantities represent less than 0.03

percent and 0.1 percent, respectively, of

U.S. broccoli and cauliflower

production. Also, in a recent year,

Nicaragua exported about 162 tons of

cabbage to El Salvador and Honduras.

Given these relatively low levels of

production and export, potential

importation of Brassica spp. from

Nicaragua is expected to have a

negligible impact on U.S. entities.

Certain Brassica oleracea varieties,

including cabbage, cauliflower, broccoli,

Brussels sprouts, and kale, grown in

Peru have been entering the United

States under permit for many years. In

1996, Peru exported approximately 211

metric tons of cabbage and 6 metric tons

of Brussels sprouts to the United States.

Therefore, the impact of allowing entry

of all Brassica spp. would be based on

the potential imports of the more minor

species, such as Brassica rapa varieties.

Information is not available on the

quantity of these commodities grown in

or expected to be imported from Peru,

but the amounts are unlikely to be large

enough to adversely affect U.S. entities.

Rhubarb From Guatemala

No official data is available on U.S.

rhubarb production, but in 1996,

shipments of fresh rhubarb to 18 major

U.S. cities totaled about 454 metric tons,

with 90 percent coming from

Washington and 10 percent from

Oregon. In 1995, there were 3,732
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules 30651

metric tons of frozen rhubarb shipped

commercially to the same cities from

western States (California, Colorado,

Idaho, Montana, Oregon, Washington,

and Wyoming). In general, U.S. rhubarb

imports and exports are very minor.

Although the demand for rhubarb is

fairly stable, with little change among

long-time commercial buyers,

production in Washington is expected

to expand. An additional 300 acres are

being brought into production, and the

growing season has been lengthened,

from January-July to DecemberSeptember, by using hot house and

covered field production in addition to

open field production.

In Guatemala, rhubarb is produced in

very small quantities for domestic sales

only. Commercial production could

increase if importation to the United

States were allowed. However, any

impact on the U.S. rhubarb market

would probably be negligible, given the

small amount produced by Guatemala

and the current absence of Guatemalan

rhubarb exports.

Parsley From Israel and Nicaragua

California leads all States in parsley

production. In 1996, there were 45,411

tons of parsley produced from 2,982

acres in California. That same year,

fresh parsley imports (together with

fresh tarragon and marjoram imports) to

the United States totaled 1,509 metric

tons and were valued at $3.1 million. In

other words, U.S. imports represented

about 3 percent or less of California’s

production. No U.S. exports of fresh

parsley were recorded in 1996.

Israel, with a total 1997 production of

about 4,500 tons of parsley, is already

an important source of imported

dehydrated (manufactured) parsley in

the United States. It is estimated that

Israel’s annual fresh parsley exports to

the United States could amount to about

50 tons. This quantity represents an

extremely small fraction (only about 3

percent) of current fresh parsley imports

by the United States, and it is a

negligible amount compared to U.S.

domestic production. Therefore, if

parsley from Israel were allowed to be

imported into the United States, no

significant impacts would be expected

for U.S. parsley producers or other small

entities.

The quantity of parsley expected to be

imported from Nicaragua is not known,

but given the relatively low level of

current imports of parsley from all

sources, which amount to only 3

percent of California’s production, no

significant impacts are expected for U.S.

parsley producers or other entities.

Salicornia From Mexico

Salicornia is a succulent grown

primarily as an oil seed crop. Much like

asparagus, the tips of the salicornia

plant are consumed as food in many

countries; in Europe, for example,

salicornia is widely eaten. The demand

for salicornia as a food item in the

United States is still a niche market,

although some is produced along

coastlines, such as in Texas and

California. Domestic production is

limited to one or two months of the

year.

Information is not available on the

number of U.S. producers of salicornia

or on the quantity produced, but it is

assumed to be a very minor crop in the

United States. The quantity expected to

be imported from Mexico is also not

known, and will depend upon market

development. Since it is to be grown on

irrigated land in Mexico, exports to the

United States could potentially be yearround. APHIS has no information to

suggest that U.S. entities may be

adversely affected by salicornia imports

from Mexico.

Mint From Nicaragua

An average of 151,600 acres of mint

were harvested annually in the United

States between 1994 and 1996, for the

production of peppermint oil and

spearmint oil. The average annual value

of the oils produced during these years

was about $150 million. Statistics are

not available on the production of mint

leaves for purposes other than oil

production. The annual value of mint

leaves imported by the United States

from 1992 through 1994 averaged

approximately $407,000, increasing to

$422,000 in 1996 and $469,000 in 1997.

Thus, the current value of mint leaf

imports is not significant compared to

the value of U.S. mint oil production.

The quantity of mint expected to be

imported from Nicaragua is not known,

but given existing levels of U.S.

production, potential imports of mint

from Nicaragua are not expected to have

an impact on U.S. producers or other

entities.

Rosemary From Nicaragua

No information is readily available on

rosemary production or imports for the

United States. Similarly, no estimates

were possible regarding Nicaragua’s

production or potential exports of

rosemary to the United States. However,

there is no reason to believe that

allowing rosemary imports from

Nicaragua would have negative impacts

on U.S. entities.

Belgian Endive, Chicory, and Endive

From Panama

Although there is no information on

U.S. production of Belgian endive,

chicory, and endive, fresh endive

shipments to 18 major U.S. cities in

1996 totaled about 17,550 metric tons,

of which imports contributed about

1,135 metric tons (1,000 tons from

Belgium, 90 tons from Canada, and 45

tons from The Netherlands). California

and Florida were the sources of about 40

percent and 28 percent, respectively, of

domestically grown shipments. Between

1994 and 1996, endive shipments to

those 18 major U.S. cities grew by more

than 77 percent. In 1996, the value of

imports, $11.45 million, was three times

that of exports, $3.9 million.

It has not been possible to gather

information on the production levels or

expected import quantities of Belgian

endive, chicory, and endive from

Panama. However, if the proposed rule

were adopted, we do not expect the

importation of these commodities from

Panama to significantly impact U.S.

entities.

Pineapple From South Africa

Pineapple production in the United

States is concentrated in Hawaii, and, in

1996, totaled about 314,800 metric tons,

of which 7,800 metric tons were

exported. U.S. imports of pineapple in

the same year reached 135,260 metric

tons. In other words, about 30 percent

of the pineapples consumed in the

United States are imported.

South Africa produces about 46,000

metric tons of pineapple, of which

approximately 4,000 metric tons are

exported to the European Union and

parts of Asia. It is estimated that South

Africa could potentially export about

2,000 metric tons a year to the United

States, depending on demand and

available airfreight space. This amount

represents less than one percent of U.S.

production, and about 11⁄2 percent of

U.S. imports. Therefore, we expect that,

if the proposed rule is adopted, U.S.

producers and other entities would not

be significantly affected by the

importation of pineapple from South

Africa.

Peppers From Spain

Although there is no information on

U.S. production of Capsicum species,

there were about 240,230 metric tons of

fresh bell peppers and 36,150 metric

tons of other fresh peppers shipped to

18 major U.S. cities in 1996. Nearly 30

percent of the bell pepper shipments

were imported, as were more than onehalf of other pepper shipments. In 1996,

pepper imports (fresh and chilled) by
30652 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules

the United States totaled 277,320 metric

tons and were valued at $217 million.

That same year, U.S. pepper exports

amounted to 60,470 metric tons, valued

at $48.4 million. As such, the United

States is clearly a net importer of

peppers.

The size distribution of U.S. pepper

producers is similar to that of most

crops, with numerous small-scale

operations and fewer very large

operations. For example, in Florida in

1992, there were 199 sweet pepper

farms with a total of 19,554 harvested

acres. More than half were farms of less

than 15 acres. Most pepper producers in

the United States are small entities (less

than $0.5 million in annual sales).

Between 1994 and 1996, fresh bell

pepper shipments to the 18 major U.S.

cities grew by about 3.5 percent, while

shipments of other fresh peppers

increased by more than 58 percent.

Peppers from Spain would be

required to have been grown in insectproof greenhouses in the Province of

Almeria. Currently, about 20,000 metric

tons of the 200,000 metric tons of

peppers produced annually in Province

of Almeria are grown in insect-proof

greenhouses. It is expected that about

1,500 metric tons would be shipped

yearly to the United States. Annual

shipments could increase to as much as

4,000 metric tons, depending on

production and market developments.

This higher estimate, 4,000 metric

tons, represents only 1.4 percent of

current U.S. pepper imports, and even

a smaller fraction of U.S. domestic

production. Pepper imports from Spain

would have a negligible impact on U.S.

entities. However, they may help to

satisfy the rapidly increasing U.S.

demand for fresh peppers.

Cantaloupe, Honeydew Melon, and

Watermelon From Venezuela

The U.S. melon season runs from May

to November, with most domestic

shipments taking place in May, June,

and July. Production statistics are

available only for honeydew melon; in

1996, the commercial crop totaled

242,490 metric tons and was valued at

$91.3 million. Although such

information is not available for

cantaloupe or watermelon, quantities

shipped to 18 major U.S. cities in 1996

are as follows: Cantaloupe, 325,230

metric tons (30 percent imported);

honeydew melon, 130,770 metric tons

(40 percent imported); and watermelon,

459,180 metric tons (22 percent

imported).

California dominates cantaloupe and

honeydew melon production, while

Florida, Georgia, and Texas devote the

most acreage to watermelon production.

Most melon and cantaloupe producers

can be considered small entities, but

probably a major share of production is

by a relatively few large-scale operations

having annual sales greater than $0.5

million.

U.S. trade in cantaloupes, honeydew

melons, and watermelons demonstrates

that the United States is a net importer

of these commodities. In 1996, overall

fresh melon imports were valued at

$205 million, and exports worth $81

million.

The Paraguana Peninsula, because it

is considered free of the South

American cucurbit fly, is the area in

Venezuela from which cantaloupe,

honeydew melons, and watermelons

would be allowed to be exported to the

United States. When melons were last

shipped from the Paraguana Peninsula

to the United States in 1985, 2,000

metric tons of honeydew melon and 400

metric tons of watermelon were

exported. (No cantaloupe was exported.)

In 1986, shipments were discontinued

because of phytosanitary restrictions.

With removal of the restrictions,

projected annual exports to the United

States are 6,000 metric tons of

cantaloupe, 3,000 metric tons of

honeydew melon, and 2,000 metric tons

of watermelon. In each case, these

amounts represent about 1 percent or

less of U.S. domestic production. The

export season for the melons would be

October to April, the period of the year

when domestic supply is at its lowest.

The proposed shipments from

Venezuela would improve the yearround availability of melons for

consumers by augmenting existing offseason imports. The relatively small

amounts expected to be shipped are

likely to have only a negligible impact

on U.S. producers of cantaloupe,

honeydew melon, and watermelon.

Addition of Fruit Fly-Free Areas in the

Mexican States of Baja California Sur,

Chihuahua, and Sonora

With the addition of fruit fly-free

areas in the Mexican States of Baja

California Sur, Chihuahua, and Sonora,

the importation into the United States of

four types of fruit would be affected.

Those fruits are apple, orange, peach,

and tangerine. We project that increases

in exports to the United States of those

fruits would be as follows: Apples,

4,000 metric tons; oranges, 28,144

metric tons; peaches, 2,000 metric tons;

and tangerines, 280 metric tons. Import

levels of apricots, grapefruits,

persimmons, and pomegranates, the

other fruits eligible for importation into

the United States from Mexico under

§ 319.56–2(h), are not expected to be

affected by this proposed rule.

U.S. apple production in 1996 totaled

4,732,860 metric tons and was worth

$1.84 billion. Projected additional

imports from Mexico of 4,000 metric

tons represent less than 0.1 percent of

U.S. production. Further, the United

States is a net exporter of apples,

exporting more than three times as

many apples as it imports.

U.S. orange production in 1996

totaled 10,634,920 metric tons and was

worth $1.895 billion. Projected

additional imports from Mexico of

28,144 metric tons represent less than

0.3 percent of U.S. production. In 1996,

the quantity of oranges exported by the

United States was 22 times greater than

the quantity imported.

U.S. peach production in 1996 totaled

938,940 metric tons and was worth $378

million. Projected additional imports

from Mexico of 2,000 metric tons

represent about 0.2 percent of U.S.

production. Further, the United States is

a net exporter of peaches, exporting 1.7

times as many peaches as it imports.

U.S. tangerine production in 1996

totaled 315,700 metric tons and was

worth $112 million. Projected

additional imports from Mexico of 280

metric tons represent less than 0.1

percent of U.S. production. Further, the

United States is a net exporter of

tangerines, exporting six times as many

tangerines as it imports.

In the case of each of these four fruits,

projected additional exports to the

United States due to the newly

recognized fruit fly-free areas are

extremely small amounts compared to

U.S. production. Also, in each case, the

United States is a net exporter of the

fruit, reflecting excess supply. Impacts

on costs or prices for U.S. producers and

consumers is expected to be negligible.

APHIS does not anticipate any adverse

effects on small entities or the ability of

U.S. entities to compete in domestic and

export markets.

The alternative to this proposed 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 proposed changes to the

regulations would result in new

information collection or recordkeeping

requirements, as described below under

the heading ‘‘Paperwork Reduction

Act.’’

Executive Order 12988

This proposed rule would allow

certain fruits and vegetables to be

imported into the United States from

certain parts of the world. If this
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules 30653

proposed rule is adopted, State and

local laws and regulations regarding the

importation of fruits and vegetables

under this rule would 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 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-bycase basis. If this proposed rule is

adopted, no retroactive effect will be

given to this rule, and this rule will not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of

the Paperwork Reduction Act of 1995

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

collection or recordkeeping

requirements included in this proposed

rule have been submitted for approval to

the Office of Management and Budget

(OMB). Please send written comments

to the Office of Information and

Regulatory Affairs, OMB, Attention:

Desk Officer for APHIS, Washington, DC

20503. Please state that your comments

refer to Docket No. 97–107–1. Please

send a copy of your comments to: (1)

Docket No. 97–107–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238,

and (2) Clearance Officer, OIRM, USDA,

room 404–W, 14th Street and

Independence Avenue SW.,

Washington, DC 20250. A comment to

OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication of this proposed rule.

The paperwork associated with the

importation of the fruits and vegetables

named in this document would include

the completion of phytosanitary

certificates and fruit fly monitoring

records.

We are soliciting comments from the

public (as well as affected agencies)

concerning our proposed information

collection and recordkeeping

requirements. We need this outside

input to help us:

(1) Evaluate whether the proposed

information collection is necessary for

the proper performance of our agency’s

functions, including whether the

information will have practical utility;

(2) Evaluate the accuracy of our

estimate of the burden of the proposed

information collection, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

information collection on those who are

to respond (such as through the use of

appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses).

Estimate of burden: Public reporting

burden for this collection of information

is estimated to average 1.158 hours per

response.

Respondents: Foreign plant health

protection authorities.

Estimated annual number of

respondents: 32.

Estimated annual number of

responses per respondent: 32.625.

Estimated annual number of

responses: 1,044.

Estimated total annual burden on

respondents: 1,209 hours.

Copies of this information collection

can be obtained from: Clearance Officer,

OIRM, USDA, Room 404–W, 14th Street

and 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, we propose to amend 7

CFR part 319 as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

would continue to read as follows:

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

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

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

2. In § 319.56–2, paragraph (h) would

be revised to read as follows:

§ 319.56–2 Restrictions on entry of fruits

and vegetables.

* * * * *

(h) The Administrator has determined

that the following municipalities in

Mexico meet the criteria of § 319.56–2(e)

and (f) with regard to the plant pests

Ceratitis capitata, Anastrepha ludens,

A. serpentina, A. obliqua, and A.

fraterculus: Comondu ́, Loreto, and

Mulege ́ in the State of Baja California

Sur; Bachiniva, Casas Grandes,

Cuahutemoc, Guerrero, Namiquipa, and

Nuevo Casas Grandes in the State of

Chihuahua; and Altar, Atil, Bacum,

Benito Juarez, Caborca, Cajeme, Carbo,

Empalme, Etchojoa, Guaymas,

Hermosillo, Huatabampo, Navajoa,

Pitiquito, Puerto Penasco, San Luis Rio

Colorado, San Miguel, and San Rio

Muerto in the State of Sonora. Apples,

apricots, grapefruit, oranges, peaches,

persimmons, pomegranates, and

tangerines may be imported from these

areas without treatment for the pests

named in this paragraph.

* * * * *

3. In § 319.56–2t, the table would be

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)

* * * * * * *

Ecuador

* * * * * * *

Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp ................................. Whole plant of edible varieties

only.

* * * * * * *

El Salvador
30654 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules

Country/locality Common name Botanical name Plant part(s)

* * * * * * *

Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp ................................. Whole plant of edible varieties

only.

* * * * * * *

Guatemala

* * * * * * *

Rhubarb ........................................ Rheum rhabarbarum ..................... Above ground parts.

* * * * * * *

Israel

* * * * * * *

Parsley .......................................... Petroselinum crispum ................... Above ground parts.

* * * * * * *

Mexico

* * * * * * *

Salicornia ...................................... Salicornia spp ............................... Above ground parts.

* * * * * * *

Nicaragua

* * * * * * *

Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp ................................. Whole plant of edible varieties

only.

* * * * * * *

Mint ............................................... Mentha spp. .................................. Above ground parts.

Parsley .......................................... Petroselinum crispum ................... Above ground parts.

* * * * * * *

Rosemary ...................................... Rosmarinus officinalla ................... Above ground parts.

* * * * * * *

Panama

* * * * * * *

Belgian endive .............................. Cichorium spp ............................... Above ground parts.

Chicory .......................................... Cichorium spp ............................... Above ground parts.

* * * * * * *

Endive ........................................... Cichorium spp ............................... Above ground parts.

* * * * * * *

Peru

* * * * * * *

Cole and mustard crops, including

cabbages, broccoli, cauliflower,

turnips, mustards, and related

varieties.

Brassica spp. ................................ Whole plant of edible varieties

only.

* * * * * * *

Swiss chard .................................. Beta vulgaris ................................. Leaf and stem.

* * * * * * *

South Africa

* * * * * * *

Pineapple ...................................... Ananas spp. .................................. Fruit.

* * * * * * *
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Proposed Rules 30655

* * * * *

4. Section 319.56–2aa would be

revised to read as follows:

§ 319.56–2aa Administrative instructions

governing the entry of cantaloupe,

honeydew melons, and watermelon from

Brazil and Venezuela.

Cantaloupe, honeydew melons, and

watermelon may be imported into the

United States from Brazil and Venezuela

only under permit, and only in

accordance with this section and all

other applicable requirements of this

subpart:

(a) The cantaloupe, honeydew

melons, or watermelon must have been

grown in the area of Brazil or the area

of Venezuela considered by the Animal

and Plant Health Inspection Service to

be free of the South American cucurbit

fly, (Anastrepha grandis), in accordance

with § 319.56–2(e)(4) of this subpart. In

addition, all shipments of cantaloupe,

honeydew melons, and watermelon

must be accompanied by a

phytosanitary certificate issued either

by the Departmento de Defesa e

Inspec ̧a ̃o Vegetal (Brazilian Department

of Plant Health and Inspection) or the

Servicio Autonomo de Sanidad

Agropecuaria (the plant protection

service of Venezuela) that includes a

declaration indicating that the

cantaloupe or melons were grown in an

area recognized to be free of the South

American cucurbit fly.

(1) Area considered free of the South

American cucurbit fly in Brazil. The

following area in Brazil is considered

free of the South American cucurbit fly:

That portion of Brazil bounded on the

north by the Atlantic Ocean; on the east

by the River Assu (Acu) from the

Atlantic Ocean to the city of Assu; on

the south by Highway BR 304 from the

city of Assu (Acu) to Mossoro, and by

Farm Road RN–015 from Mossoro to the

Ceara State line; and on the west by the

Ceara State line to the Atlantic Ocean.

(2) Area considered free of the South

American cucurbit fly in Venezuela. The

following area in Venezuela is

considered free of the South American

cucurbit fly: The Paraguana Peninsula,

located in the State of Falcon, bounded

on the north and east by the Caribbean

Ocean, on the south by the Gulf of Coro

and an imaginary line dividing the

autonomous districts of Falcon and

Miranda, and on the west by the Gulf of

Venezuela.

(b) Shipping requirements. The

cantaloupe, honeydew melons, and

watermelon must be packed in an

enclosed container or vehicle, or must

be covered by a pest-proof screen or

plastic tarpaulin while in transit to the

United States.

(c) Labeling. All shipments of

cantaloupe, honeydew melons, and

watermelon must be labeled in

accordance with § 319.56–2(g) of this

subpart.

5. A new § 319.56–2gg would be

added to read as follows:

§ 319.56–2gg Administrative instructions;

conditions governing the entry of peppers

from Spain.

Peppers (fruit) (Capsicum spp.) may

be imported into the United States from

Spain only under permit, and only in

accordance with this section and all

other applicable requirements of this

subpart:

(a) The peppers must be grown in the

Almeria Province of Spain in pest-proof

greenhouses registered with, and

inspected by, the Spanish Ministry of

Agriculture, Fisheries, and Food

(MAFF);

(b) The peppers may be shipped only

from December 1 through April 30,

inclusive;

(c) Beginning October 1, and

continuing through April 30, MAFF

must set and maintain Mediterranean

fruit fly (Medfly) traps baited with

trimedlure inside the greenhouses at a

rate of four traps per hectare. In all

outside areas, including urban and

residential areas, within 8 kilometers of

the greenhouses, MAFF must set and

maintain Medfly traps baited with

trimedlure at a rate of four traps per

square kilometer. All traps must be

checked every 7 days;

(d) Capture of a single Medfly in a

registered greenhouse will immediately

halt exports from that greenhouse until

the Deputy Administrator determines

that the source of infestation has been

identified, that all Medflies have been

eradicated, and that measures have been

taken to preclude any future infestation.

Capture of a single Medfly within 2

kilometers of a registered greenhouse

will necessitate increased trap density

in order to determine whether there is

a reproducing population in the area.

Capture of two Medflies within 2

kilometers of a registered greenhouse

during a 1-month period will halt

exports from all registered greenhouses

within 2 kilometers of the capture, until

the source of infestation is determined

and all Medflies are eradicated;

(e) The peppers must be safeguarded

against fruit fly infestation from harvest

to export. Such safeguarding includes

covering newly harvested peppers with

fruit fly-proof mesh screen or plastic

tarpaulin while in transit to the packing

house and while awaiting packing, and

packing the peppers in fruit fly-proof

cartons, or cartons covered with fruit-fly

proof mesh or plastic tarpaulin, and

placing those cartons in enclosed

shipping containers for transit to the

airport and subsequent shipment to the

United States;

(f) The peppers must be packed for

shipment within 24 hours of harvest;

(g) During shipment, the peppers may

not transit other fruit fly-supporting

areas unless shipping containers are

sealed by MAFF with an official seal

whose number is noted on the

phytosanitary certificate; and

(h) A phytosanitary certificate issued

by MAFF and bearing the declaration,

‘‘These peppers were grown in

registered greenhouses in Almeria

Province in Spain,’’ must accompany

the shipment.

Done in Washington, DC, this 2nd day of

June, 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–14957 Filed 6–4–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 920

[Docket No. FV98–920–2 PR]

Kiwifruit Grown in California;

Temporary Suspension of an

Inspection Requirement

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule invites comments

on the temporary suspension of an

inspection requirement for kiwifruit

covered under the California kiwifruit

marketing order. The marketing order

regulates the handling of kiwifruit

grown in California, and is administered

locally by the Kiwifruit Administrative

Committee (Committee). Currently,

certification of any kiwifruit which is

inspected and certified as meeting

grade, size, quality, or maturity

requirements in effect under the

marketing order is valid until December

31 of the current fiscal year or 21 days

from the date of inspection, whichever

is later. Any kiwifruit not shipped

before the end of this certification

period must be reinspected and

recertified before shipping. This rule

would temporarily suspend this

provision for the 1998–99 fiscal year

and would enable handlers to ship

kiwifruit without the necessity for

reinspection and recertification and the

costs associated with such

requirements. This temporary