[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Proposed Rules]
[Pages 27428-27437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12748]


[[Page 27428]] 
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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.

========================================================================


Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / 
Proposed Rules
DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 94-114-1]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to allow a number of previously prohibited 
fruits and vegetables to be imported into the United States from 
certain parts of the world. All of the fruits and vegetables, as a 
condition of entry, would be subject to inspection, disinfection, or 
both, at the port of first arrival as may be required by a U.S. 
Department of Agriculture inspector. In addition, some of the fruits 
and vegetables would be required to undergo prescribed treatments for 
fruit flies or other injurious insects as a condition of entry, or to 
meet other special conditions. This proposed 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.

DATES: Consideration will be given only to comments received on or 
before June 23, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-114-1, 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. 94-114-1. 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. Frank E. Cooper or Mr. Peter 
Grosser, Senior Operations Officers, Port Operations, PPQ, APHIS, Suite 
4A03, 4700 River Road Unit 139, Riverdale, MD 20737-1236; (301) 734-
8645.

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 injurious insects that 
are new to or not widely distributed within and throughout the United 
States.
    We are proposing to amend the regulations to allow additional 
fruits and vegetables to be imported into the United States from 
certain parts of the world under specified conditions. The importation 
of these fruits and vegetables has been prohibited because of the risk 
that the fruits and vegetables could introduce injurious insects into 
the United States. We are proposing to allow these importations at the 
request of various importers and foreign ministries of agriculture, and 
after conducting pest risk analyses <SUP>1 that indicate the fruits or 
vegetables can be imported under certain conditions without significant 
pest risk. 

    \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 persons listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    All of the fruits and vegetables included in this document would be 
subject to the requirements in Sec. 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 subject to 
inspection, disinfection, or both, 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 infested with fruit flies or other dangerous plant pests 
and an inspector determines that it cannot be cleaned by disinfection 
or treatment.
    Some of the fruits and vegetables proposed for importation would be 
required to undergo prescribed treatments for fruit flies or other 
insect pests as a condition of entry, or 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 injurious plant pests by the importation of fruits and 
vegetables from certain foreign countries and localities into the 
United States.

Subject to Inspection and Treatment Upon Arrival

    We are proposing to allow the following fruits and vegetables to be 
imported into the United States from the country or locality indicated 
in accordance with Sec. 319.56-6 and all other applicable requirements 
of the regulations:

----------------------------------------------------------------------------------------------------------------
       Country/Locality             Common name              Botanical name                  Plant part(s)      
----------------------------------------------------------------------------------------------------------------
Ecuador.......................  Basil.............  Ocimum spp......................  Above ground parts.       
El Salvador...................  Basil.............  Ocimum spp......................  Above ground parts.       
Israel........................  Chives............  Allium schoenoprasum............  Leaf.                     
                                Dill..............  Anethum graveolens..............  Above ground parts.       
Jamaica.......................  Pak choi..........  Brassica chinensis..............  Leaf and stem.            
Netherlands...................  Radish............  Raphanus sativus................  Root.                     
New Zealand...................  Oca...............  Oxalis tuberosa.................  Tuber.                    
----------------------------------------------------------------------------------------------------------------

    [[Page 27429]] 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 in Sec. 319.56-6 concerning inspection, disinfection, or 
both, at the port of first arrival, appear adequate to prevent the 
introduction into the United States of injurious plant pests by the 
importation of these fruits and vegetables.

Subject to Inspection and Treatment Upon Arrival; Additional Conditions

    In addition to the fruits and vegetables listed above, we are 
proposing to allow the following fruits and vegetables to be imported 
into the United States from the country or locality indicated in 
accordance with Sec. 319.56-6 and all other applicable requirements of 
the regulations, and subject to the additional prescribed conditions 
explained below.
    Papaya from Belize. We are proposing to allow papaya (fruit, Carica 
papaya) from Belize to be imported into the United States without 
treatment for the Mediterranean fruit fly (Medfly) if the fruit is 
grown in one of the designated Medfly-free districts of Belize. Belize 
has conducted a national Medfly trapping program for more than 6 years 
with the cooperation and monitoring of APHIS.<SUP>2 An intensive, 
ongoing trapping program in the districts of Cayo, Corozal, and Orange 
Walk has established that those districts are free from Medfly. 
Therefore, we are proposing to allow papayas to be imported from these 
three districts without treatment for Medfly if the papayas are 
accompanied by a phytosanitary certificate issued by the Belizean 
Department of Agriculture stating that the fruit originated in the 
district of Cayo, Corozal, or Orange Walk.

    \2\  Details on APHIS-monitored trapping programs in Belize are 
available from Operational Support, IS, APHIS, Suite 5A03, 4700 
River Road Unit 67, Riverdale, MD 20737-1233.
---------------------------------------------------------------------------

    Because there are approved treatments for Medfly that can be used 
on papaya, we would also allow papaya grown in Belize outside the 
Medfly-free areas to be imported into the United States, provided the 
fruit is treated for Medfly as described below under ``Treatment 
Required.''
    With or without treatment, however, the entry of the papaya into 
Hawaii--where most domestically grown papayas are produced--would be 
prohibited as a precaution against the possible introduction of 
Toxotrypana curvicauda. Accordingly, the cartons in which the papaya 
are packed would have to be stamped ``Not for importation into or 
distribution in HI.''
    Pest risk analyses conducted by APHIS have determined that any 
other injurious plant pests that might be carried by the papaya would 
be readily detectable by a USDA inspector. Therefore, the provisions in 
Sec. 319.56 and all other applicable requirements of the regulations 
and the additional special conditions appear adequate to prevent the 
introduction into the United States of injurious plant pests by the 
importation of papaya from Belize.
    Cantaloupe from Brazil. We are proposing to allow the importation 
of cantaloupe (fruit, Cucumis melo) from Brazil under the same 
conditions currently imposed on the importation of honeydew melons from 
Brazil (7 CFR 319.56-2aa). Cantaloupe, like honeydew melon, is a 
recorded host of the South American cucurbit fly, and we believe that 
the multiple safeguards applied to the importation of honeydew melon 
from Brazil would also be adequate to prevent the introduction of the 
pest with cantaloupe.
    Specifically, the cantaloupe would have to be grown in that area of 
Brazil considered by APHIS to be free of the South American cucurbit 
fly. The free area is described in Sec. 319.56-2aa(a). During the last 
7 years, Brazil's Ministry of Agriculture, the Departamento de Defenso 
Sanitaria Vegetal (DDSV), has conducted surveys in and around the free 
area to establish the absence of infestations of the South American 
cucurbit fly in the free area. APHIS has determined that the survey 
methods used by the DDSV are adequate to detect infestations of the 
pest, and that the requirements enforced by the DDSV to prevent the 
introduction of the South American cucurbit fly into the free area are 
at least equivalent to those imposed under 7 CFR chapter III to prevent 
the introduction into the United States and interstate spread of 
injurious insects.
    The cantaloupe would have to be accompanied by a phytosanitary 
certificate issued by DDSV that includes a declaration that the fruit 
was grown in the free area. The cantaloupe would have to be shipped in 
an enclosed container or vehicle, or under a tarpaulin cover, while in 
transit from the free area in Brazil to the United States to prevent 
the fruit from being exposed to insect pests. Finally, shipments of the 
cantaloupe would have to be labeled in accordance with Sec. 319.56-2(g) 
of the regulations.
    Pest risk analyses conducted by APHIS have determined that any 
other injurious plant pests that might be carried by the cantaloupe 
would be readily detectable by a USDA inspector. Therefore, the 
applicable requirements of the regulations and these special conditions 
appear adequate to prevent the introduction into the United States of 
injurious plant pests.
    Ya Pears from China. We are proposing to allow Ya variety pears 
(fruit, Pyrus bretschneideri) to be imported into the United States 
from China under certain conditions designed to prevent the 
introduction of Bactrocera dorsalis and other exotic pests into the 
United States.
    First, we would require that the pears be grown in an APHIS-
approved export growing area in Hebei Province by growers registered 
with the Chinese Ministry of Agriculture. The Ministry of Agriculture 
would be responsible for conducting field inspections for signs of pest 
infestation during the growing season. The registered growers would be 
responsible for following the phytosanitary measures agreed upon by 
APHIS and the Ministry of Agriculture, including applying pesticides to 
reduce the pest population and bagging the pears on the trees to reduce 
the opportunity for insect pests to attack the fruit during the growing 
season. The bags would have to remain on the pears through the harvest 
and during their movement to the packing house.
    In order to prevent Ya pears intended for export to the United 
States from being commingled with any other fruit, the packing houses 
in which the pears would be prepared for exportation to the United 
States could not be used for other fruit during the pear export season. 
The packing houses could accept only those pears that were grown in the 
APHIS-approved growing area and that were still in intact bags. 
Additionally, the pears would have to be loaded into containers at the 
packing house and the containers then sealed before movement to the 
port of export to prevent the fruit from being exposed to insect pests 
while en route to the port of export. Each shipment of Ya pears would 
have to be accompanied by a phytosanitary certificate issued by the 
Chinese Ministry of Agriculture stating that the conditions discussed 
above have been met.
    Finally, we would require that the pears be cold treated for 
Bactrocera dorsalis in accordance with the Plant 
[[Page 27430]] Protection and Quarantine (PPQ) Treatment Manual, which 
has been incorporated by reference into the Code of Federal Regulations 
at 7 CFR 300.1. The prescribed cold treatment would be conducted as 
follows:

10 days at 0  deg.C (32  deg.F) or below;
11 days at 0.55  deg.C (33  deg.F) or below;
12 days at 1.1  deg.C (34  deg.F) or below; or
14 days at 1.66  deg.C (35  deg.F) or below.

    We believe that the growing, harvest, shipment, and treatment 
conditions described above and the other requirements of the 
regulations would be adequate to prevent the introduction of Bactrocera 
dorsalis and other insect pests into the United States on Ya pears 
imported from China.
    Lettuce from Israel. Under the regulations in Sec. 319.56-2x, 
lettuce may be imported into the United States from Israel only if 
treated in accordance with the PPQ Treatment Manual. The treatment--
fumigation with methyl bromide--is required because the lettuce may be 
attacked by leafminers, thrips, and Sminthuris viridis. We are 
proposing to amend the regulations to offer an alternative that would 
allow lettuce to be imported into the United States from Israel without 
fumigation.
    We would require that the lettuce be grown in insect-proof houses 
covered with 50-gauge mesh screens, with double self-closing doors and 
hard walks (no soil) between the beds. The lettuce would have to be 
grown in growing media that had been sterilized by steam or chemical 
means. Additionally, the crop would have to be protected with sticky 
traps and prophylactic sprays approved for lettuce by Israel.
    The lettuce would have to be inspected for signs of pest 
infestation during its active growth phase, with the inspection 
monitored by a representative of the Israeli Ministry of Agriculture.
    After being harvested, the lettuce would have to be packed in 
insect-proof packing houses. The movement from the growing house to the 
packing house would have to take place at night and, during the 
movement, the lettuce would have to be held in plastic containers 
covered by 50-gauge mesh screens. Inside the insect-proof packing 
houses, the lettuce would have to be individually packed in transparent 
plastic bags, then packed in cartons; the cartons would have to be 
placed on pallets and covered in shrink wrapping. The lettuce would 
have to be transported to the airport in a closed, refrigerated truck 
for shipment to the United States.
    Finally, each shipment of lettuce would have to be accompanied by a 
phytosanitary certificate issued by the Israeli Ministry of Agriculture 
stating that the conditions discussed above have been met. We believe 
that these multiple levels of pest exclusion measures and the other 
applicable requirements of the regulations would be adequate to prevent 
the introduction into the United States of leafminers, thrips, and 
Sminthuris viridis on lettuce imported from Israel.

Treatment Required

    Additionally, we are proposing to allow the fruits and vegetables 
listed below to be imported into the United States. These fruits and 
vegetables are attacked by the Medfly or other injurious insects, as 
specified below, in their country or locality of origin. Visual 
inspection cannot be relied upon to detect these insects. However, the 
fruits and vegetables listed below can be treated to destroy the Medfly 
or other injurious insects. Therefore, we propose to allow these fruits 
and vegetables to be imported into the United States, or specified 
parts of the United States, only if they have been treated in 
accordance with the PPQ Treatment Manual.
    We would revise the PPQ Treatment Manual to show that treatments 
are required as follows for the fruits and vegetables listed below:

Country--Common Name, Botanical Name, and Plant Part(s)

Belize
    Papaya, Carica papaya, Fruit.

    All fruit grown outside the districts of Cayo, Corozal, and 
Orange Walk must be treated for Medfly with high-temperature forced 
air or vapor heat treatment, as follows:
    High-temperature forced air treatment:
    The treatment consists of four incremental temperature 
increases, with each increase in air temperature based on when the 
internal temperature in the seed cavity is reached as indicated 
below:

------------------------------------------------------------------------
          Air temperature                  Seed cavity temperature      
------------------------------------------------------------------------
1. 43 <plus-minus> 1  deg.C (109.4   41 <plus-minus> 1.5  deg.C (105.8  
 <plus-minus> 1.8  deg.F).            <plus-minus> 2.7  deg.F).         
2. 45 <plus-minus> 1  deg.C (113.0   44 <plus-minus> 1  deg.C (111.2    
 <plus-minus> 1.8  deg.F).            <plus-minus> 1.8  deg.F).         
3. 46.5 <plus-minus> 1  deg.C        46 <plus-minus> 0.76  deg.C (114.8 
 (115.7 <plus-minus> 1.8  deg.F).     <plus-minus> 1.35  deg.F).        
4. 49 <plus-minus> 0.5  deg.C        47.2  deg.C (117  deg.F).          
 (120.2 <plus-minus> 0.9  deg.F).                                       
------------------------------------------------------------------------

    Expose fruit in an approved chamber to each air temperature in 
steps 1 through 4 until the indicated seed cavity temperature is 
reached. Treatment is complete when the seed cavity temperature 
reaches 47.2  deg.C (117  deg.F). The treated fruit may be 
hydrocooled immediately with tap water (20 <plus-minus> 5  deg.C or 
68 <plus-minus> 9  deg.F) when 47.2  deg.C is reached.
    Alternative single-stage high-temperature forced air treatment:
    Conditioning: To enable the papayas to tolerate the treatment, 
the fruit may have to be conditioned. Such conditioning is the 
responsibility of the shipper and at the shipper's risk. 
Conditioning of the fruit may be considered part of the overall 
treatment.
    Preparation: Insert temperature sensors into the seed cavity 
with the probe's tip at the approximate center of the fruit. Use a 
temperature recorder to monitor temperatures. Set the print interval 
for at least once every 5 minutes. The APHIS-approved operating 
protocol of the chamber must be inaccessible to the operator. The 
papayas must be in single layers and put into APHIS-approved trays 
or lugs or in APHIS-approved and certified bulk bins. Have the 
trays, lugs, or bins put into the chamber. The chamber for treating 
the fruit must be airtight. Make sure that there are fans present to 
circulate the air. If certified bulk bins are used, the direction of 
the air flow and the protocol for monitoring the fruit's temperature 
during treatment must be APHIS-certified.
    Application: The air temperature during treatment must be 
sufficient to raise the temperature at the fruit's center to 47.2 
deg.C (117  deg.F) or higher. Whether the air temperatures are 
single or multiple staged or ramped is the responsibility of the 
shipper. Maintain the relative humidity in the chamber as desired by 
the shipper. If the relative humidity is kept within 40 to 60 
percent, though, tests have shown that there will be less damage to 
the papayas. The papayas must be treated for at least 4 hours. The 
treatment is complete once the temperature at the fruit's center 
reaches 47.2  deg.C (117  deg.F) or higher. The treated papayas may 
be hydrocooled immediately by whatever means are deemed appropriate 
by the shipper. However, if the papayas are hydrocooled with water 
at a temperature lower than 12.5  deg.C (54.5  deg.F), the fruit may 
be damaged.
    Vapor heat treatment:
    1. Raise temperature of article by saturated water vapor at 44.4 
 deg.C (112  deg.F) until approximate center of fruit reaches 44.4 
deg.C (112  deg.F) within a time period designated by the inspector.
    2. Hold fruit temperature at 44.4  deg.C (112  deg.F) for 8.75 
hours, then cool immediately.

(Pretreatment conditioning is optional and is the responsibility of 
the shipper.)
    Entry of the papayas into Hawaii prohibited due to Toxotrypana 
curvicauda.

China
    Litchi, Litchi chinensis, Fruit.

    Cold treatment as follows for Conopomorpha sinensis and 
Bactrocera dorsalis:

15 days at 1  deg.C (33.8  deg.F) or below, or
18 days at 1.39  deg.C (34.5  deg.F) or below.

(Pulp of the fruit must be at or below the indicated temperature at 
the time treatment begins.)
    Entry into Florida prohibited due to litchi rust mite.

India Grape,
    Vitis spp., Fruit.

    Cold treatment for Bactrocera dorsalis and Eutetranychus 
orientalis, followed by fumigation for a complex of insect pests: 
[[Page 27431]] 
    Cold treatment as follows:

10 days at 0  deg.C (32  deg.F) or below;
11 days at 0.55  deg.C (33  deg.F) or below;
12 days at 1.11  deg.C (34  deg.F) or below; or
14 days at 1.66  deg.C (35  deg.F) or below.

(Pulp of the fruit must be at or below the indicated temperature at 
the time treatment begins.)
    Fumigation as follows:
    With methyl bromide at NAP--chamber or tarpaulin:

24 g/m<SUP>3 (1\1/2\ lbs/1000 ft<SUP>3) for 2 hours at 26.5  deg.C 
(80  deg.F) or above, with minimum gas concentrations of:
    19 g (19 oz) at \1/2\ hour after fumigation begins
    14 g (14 oz) at 2 hours after fumigation begins; or:
32 g/m<SUP>3 (2 lbs/1000 ft<SUP>3) for 2 hours at 21-26  deg.C (70-
79  deg.F), with minimum gas concentrations of:
    26 g (26 oz) at \1/2\ hour after fumigation begins
    19 g (19 oz) at 2 hours after fumigation begins; or:
40 g/m<SUP>3 (2\1/2\ lbs/1000 ft<SUP>3) for 2 hours at 15.5-20.5 
deg.C (60-69  deg.F), with minimum gas concentrations of:
    32 g (32 oz) at \1/2\ hour after fumigation begins
    24 g (24 oz) at 2 hours after fumigation begins; or:
48 g/m<SUP>3 (3 lbs/1000 ft<SUP>3) for 2 hours at 10-15  deg.C (50-
59  deg.F), with minimum gas concentrations of:
    38 g (38 oz) at \1/2\ hour after fumigation begins
    29 g (29 oz) at 2 hours after fumigation begins; or:
    64 g/m<SUP>3 (4 lbs/1000 ft<SUP>3) for 2 hours at 4.5-9.5  deg.C 
(40-49  deg.F), with minimum gas concentrations of:
    48 g (48 oz) at \1/2\ hour after fumigation begins
    38 g (38 oz) at 2 hours after fumigation begins

(Fruit must be at the indicated temperature at start of fumigation.)

    Litchi, Litchi chinensis, Fruit.

    Cold treatment for Conopomorpha sinensis and Bactrocera dorsalis 
as set forth above for litchi from China.
    Entry into Florida prohibited due to litchi rust mite.

Zimbabwe
    Apricot, Prunus armeniaca, Fruit.

    Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia 
leucotreta as follows:
    22 days at -0.55  deg.C (31  deg.F) or below.
    (If the temperature exceeds -0.27  deg.C (31.5  deg.F), the 
treatment shall be extended one-third of a day for each day or part 
of a day that the temperature is above -0.27  deg.C. If the 
temperature exceeds 1.11  deg.C (34  deg.F) at any time, the 
treatment is nullified.

    Nectarine, Prunus persica, Fruit.

    Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia 
leucotreta as set forth above for apricot from Zimbabwe.

    Peach, Prunus persica, Fruit.

    Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia 
leucotreta as set forth above for apricot from Zimbabwe.

    Plum, Prunus domestica, Fruit.

    Cold treatment for Medfly, Pterandrus rosa, and Cryptophlebia 
leucotreta as set forth above for apricot from Zimbabwe.

    The treatments described above have been determined to be 
effective against the specified insects. This determination is based 
on research evaluated and approved by the Department. A bibliography 
and additional information on this research may be obtained from the 
Hoboken Methods Development Center, PPQ, APHIS, USDA, 209 River 
Street, Hoboken, NJ 07030.
    In accordance with Sec. 319.56-2x(b) of the regulations, those 
fruits and vegetables listed above that would require treatment for 
fruit flies would be restricted to ports of arrival at Wilmington, 
NC, and the North Atlantic if treatment has not been completed 
before the fruits and vegetables arrive in the United States. 
Climatic conditions at Wilmington, NC, and at North Atlantic ports 
are unsuitable for the fruit flies listed above. Therefore, in the 
unlikely event that any fruit flies escape before treatment, they 
will not become established pests in the United States. The 
designated North Atlantic ports are: Atlantic Ocean ports north of, 
and including, Baltimore; ports on the Great Lakes and St. Lawrence 
Seaway; Canadian border ports on the North Dakota border and east of 
North Dakota; and, for air shipments, Washington, DC (including 
Baltimore-Washington International and Dulles International 
airports).
    In the case of litchi from China and India, we would prohibit 
the fruit to be imported into or distributed within Florida because 
of concerns regarding the potential introduction of the litchi rust 
mite and the effects such an introduction could have on the Florida 
litchi industry. Accordingly, the cartons in which the litchi are 
packed would have to be stamped ``Not for importation into or 
distribution in FL.''
    Pest risk analyses conducted by APHIS have determined that any 
other injurious plant pests that might be carried by the fruits and 
vegetables listed above would be readily detectable by a USDA 
inspector. As noted, the fruits and vegetables would be subject to 
inspection, disinfection, or both, at the port of first arrival, in 
accordance with Sec. 319.56-6. We believe that these requirements 
and conditions are adequate to prevent the introduction into the 
United States of injurious plant pests by the importation of these 
fruits and vegetables.

Use of Methyl Bromide

    Methyl bromide is currently in widespread use as a fumigant. It 
is prescribed as a treatment for grapes from India to be imported 
into the United States under this proposal. The environmental 
effects of using methyl bromide, however, are being scrutinized by 
international, Federal, and State agencies. The U.S. Environmental 
Protection Agency (EPA), based on its evaluation of data concerning 
the ozone depletion potential of methyl bromide, published a notice 
of final rulemaking in the Federal Register on December 10, 1993 (58 
FR 65018-65082). That rulemaking freezes methyl bromide production 
at 1991 levels and requires the phasing out of domestic use of 
methyl bromide by the year 2001. APHIS is studying the effectiveness 
and environmental acceptability of alternative treatments to prepare 
for the eventual unavailability of methyl bromide fumigation. Our 
current proposal assumes the continued availability of methyl 
bromide for use as a fumigant for at least the next few years.

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 
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. However, we do not 
currently have all the data necessary for a comprehensive analysis of 
the effects of this rule on small entities. Therefore, we are inviting 
comments concerning potential effects. In particular, we are interested 
in determining the number and kind of small entities that may incur 
benefits or costs from implementation of this proposed rule.
    Under the Plant Quarantine Act and the Federal Plant Pest Act (7 
U.S.C. 150dd, 150ee, 150ff, 151-167), the Secretary of Agriculture is 
authorized to regulate the importation of fruits and vegetables to 
prevent the introduction of injurious plant pests.
    This proposed rule would amend the regulations governing the 
importation of fruits and vegetables by allowing a number of previously 
prohibited fruits and vegetables to be imported into the United States 
from certain foreign countries and localities under specified 
conditions. The importation of these fruits and vegetables has been 
prohibited because of the risk that they could introduce injurious 
plant pests into the United States. This proposed rule would revise the 
status of certain commodities from certain countries and localities, 
allowing their importation into the United States for the first time.
    Our proposed changes are based on pest risk analyses that were 
conducted by APHIS at the request of various importers and foreign 
ministries of agriculture. The pest risk analyses indicate that the 
fruits or vegetables listed in this proposed rule could, under certain 
conditions, be imported into the United States without significant pest 
risk. All of the fruits and vegetables, as a condition of entry, would 
be subject to inspection, disinfection, or both, at the port of first 
arrival as may be required by a USDA inspector. In 
[[Page 27432]] addition, some of the fruits and vegetables in this 
proposal also would be required to undergo mandatory treatment for 
fruit flies or other injurious insects as a condition of entry, or to 
meet other special conditions. Our proposed action would provide the 
United States with additional kinds and sources of fruits and 
vegetables while continuing to provide protection against the 
introduction into the United States of injurious plant pests by 
imported fruits and vegetables.

Papayas From Belize

    The United States produced 71.3 million pounds of papayas in 1993. 
Papayas are produced commercially on approximately 300 farms, the 
majority of which are in Hawaii. Nearly 65 percent of those farms are 
owned by individuals whose major occupation is not farming, while the 
balance are operated by individuals whose major occupation is farming. 
All of the farms are considered to be small entities according to Small 
Business Administration (SBA) size standards.
    The United States imported 31.3 million pounds of papayas, valued 
at $8,883,000, in 1993. Most of the imported papayas came from Mexico 
(66.6 percent), Jamaica (14.4 percent), and Belize (13.7 percent). The 
United States exported 16.7 million pounds of fresh papayas, worth 
$14,245,000, in 1993. The major importers were Japan (73.4 percent) and 
Canada (24.6 percent). Almost all exports of domestically grown papayas 
are from Hawaii, while all imports of foreign-origin papayas come into 
the continental United States.
    The total annual production of papayas in Belize is approximately 
4.5 million pounds. Its current exports account for about 4.2 million 
pounds. The additional amount expected to be exported to the United 
States would be approximately 300,000 pounds of fresh papayas. Even if 
all the available supply were exported to the United States, it would 
increase the U.S. supply of papayas by only about 0.34 percent. A 0.34 
percent increase in supply is unlikely to have any impact on prices or 
on producers or consumers.

Cantaloupes From Brazil

    The United States produced about 1,910 million pounds of 
cantaloupes, with a total value of $310 million, in 1993. Cantaloupes 
are produced commercially on about 7,500 farms, nearly 97 percent of 
which are considered to be small entities, according to SBA size 
standards. The United States is a net importer of cantaloupes. Imports 
totalled approximately 458 million pounds of cantaloupes. The major 
sources of imported cantaloupes include Mexico (32.8 percent), Honduras 
(26 percent), Costa Rica (17.5 percent), Guatemala (16 percent), and 
the Dominican Republic (2.8 percent). There were 116 million pounds of 
cantaloupes exported from the United States in 1993, of which nearly 95 
percent went to Canada, while about 4 percent went to Mexico.
    The commercial production of cantaloupe is in the infant stage in 
Brazil. Most of the Brazilian production is concentrated in the states 
of Rio Grande do Norte and Sao Paulo. Production occurs mainly during 
the months of October through March, while U.S. production occurs 
during the months of May through September. Thus, any export from 
Brazil would be supplementary to, rather than competitive with, the 
U.S. supply. Total production of cantaloupes in Brazil was about 5,000 
metric tons, or 11 million pounds, in 1994. Currently all cantaloupe 
production in Brazil is for domestic consumption. However, even if all 
Brazilian production were to be exported to the United States, the U.S. 
cantaloupe supply would increase by less than 0.5 percent. Because this 
proposed rule would allow the importation of cantaloupe from only part 
of Brazil--that area considered by APHIS to be free of the South 
American cucurbit fly--any increase in the U.S. cantaloupe supply would 
be even smaller. Such an increase would not be expected to impact U.S. 
producer prices.

Ya Pear From Peoples Republic of China

    The United States produced 860,000 metric tons (1,895 million 
pounds) of pears in 1993. The United States is a net exporter of pears, 
having exported 244 million pounds and imported 143 million pounds in 
1993. Most of the pears imported into the United States came from Chile 
(57.3 percent), Argentina (30.4 percent), South Africa (6.1 percent), 
and New Zealand (3.9 percent). The main importers of U.S. pears are 
Canada (32.9 percent) and Mexico (34.9 percent), with the remaining 
quantities distributed among 45 destinations. There are approximately 
9,800 farms producing pears in the United States, about 98 percent of 
which are considered to be small entities, according to SBA size 
standards.
    China produced about 30,000 metric tons (or 66 million pounds) of 
Ya pears in 1993. It exported about 5,700 metric tons (or 12,562,800 
pounds). Exports are to several countries in Europe, the Middle East, 
and Southeast Asia. The Ya pears that would be imported from the 
Peoples Republic of China are of a different variety than pears 
produced in the United States; because they are considered to be 
different products, they are not expected to be competitive with 
domestically grown pears.

Litchi From Peoples Republic of China

    The U.S. produced about 700,000 pounds of Litchi in 1993. There are 
205 farms that produced litchi, most of which are considered to be 
small entities according to SBA criteria.
    China produced approximately 27,000 metric tons (or 59.5 million 
pounds) of litchi in 1994, exporting about 25 percent (about 15 million 
pounds) of its production. Most of China's litchi exports went to 
several countries in Western Europe, the Middle East, and Southeast 
Asia, as well as to Canada. What proportion of China's domestic litchi 
production would be exported to the United States is not clear. In the 
event that a significant proportion of China's production is exported 
to the United States, U.S. producers would most likely be negatively 
impacted in the short run, since the increased supply would drive the 
market price of litchi down. U.S. consumers, on the other hand, would 
benefit from the lower price as well as the increased choice. In the 
long run, as a result of foreign competition in the U.S. litchi market, 
more competitive and cost-effective producers may emerge. Lower prices 
could also result in an increased demand for litchi. Which of these 
effects would outweigh the other cannot be stated definitely.

Basil From Ecuador and El Salvador

    The United States imported 5,397,091 pounds of fresh or dried basil 
in 1993 (the ratio of fresh to dried cannot be ascertained). The major 
sources of import were Egypt (77.7 percent), Mexico (16.1 percent), 
France (2.2 percent), and Taiwan (1.2 percent). No information was 
obtained on potential production and imports of basil from Ecuador and 
El Salvador.
Grapes From India

    Total domestic grape production in 1993 was 5,466,606 metric tons 
(or 12,048 million pounds). There are approximately 21,843 producers of 
grapes in the United States, about 97 percent of which are considered 
to be small entities, according to SBA size standards. The United 
States imported 708,712,000 pounds of grapes in 1993, with most imports 
occurring between the months of December and April. Grape imports to 
the United States [[Page 27433]] originate mainly from Chile, which 
accounted for 88.6 percent of the imports. Mexico is a distant second 
with 11 percent of the imports. The United States exported 449,331,000 
pounds of grapes in 1993, with most exports occurring between the 
months of August and November. Canada receives approximately 62 percent 
of U.S. exports, while the remaining destinations are highly varied.
    At present, India produces about 426,000 (1990-1992 average) metric 
tons (or 939 million pounds) of grapes and exports approximately 4,000 
metric tons (or 8.8 million pounds). Most of these exports go to 
Europe. In the unlikely event that India's grape exports were all 
directed to the United States, they would represent less than 0.08 
percent of domestic production. This amount would not have a 
significant impact upon U.S. market supply. Both producer prices and 
consumer prices would likely be unaffected by the actual grape import 
from India.

Pak Choi From Jamaica

    There is no published data on the U.S. production of pak choi and 
no record of trade. Jamaica's current production of pak choi is 
estimated to be 3,825 metric tons (8.43 million pounds). Most 
production takes place between January and April. Although the exact 
amount that would be shipped to the United States is not known, 
approximately 50-75 percent of total production is expected to be 
exported to the United States. This is expected to expand the variety 
of choices available to vegetable consumers.

Chives from Israel

    Israel produces approximately 100 metric tons of chives. Production 
takes place mainly from October to the end of March. Currently about 95 
percent of production is exported to Europe. It is expected about 20 to 
40 metric tons to be exported to the United States. Both producer 
prices and consumer prices would likely be unaffected by the 
importation of chives from Israel.

Dill From Israel

    The United States imported 1,828,359 pounds of dill in 1993 (trade 
records do not clearly indicate whether the dill was fresh or dried). 
The major sources were India (68 percent), Pakistan (13.2 percent), 
Egypt (10 percent), Sweden (3.2 percent), and Turkey (2.5 percent). The 
United States is a net importer of dill. Israel produced about 520 
metric tons (1,146,000 pounds) of dill in 1994 and exported about 46 
metric tons of dill during the same period. Israel expects that it 
would export about 30 metric tons of dill to the United States within 
the next 3 to 5 years. Both producer prices and consumer prices would 
likely be unaffected by the importation of dill from Israel.

Lettuce From Israel

    Total U.S. production of head, leaf, and romaine lettuce in 1993 
was 3,756,350 metric tons (or 8,279 million pounds). There are 
approximately 2,660 producers of lettuce in the United States, about 97 
percent of which are considered to be small entities according to SBA 
size standards.
    The United States is a net exporter of lettuce. It imported 
32,738,000 pounds of lettuce in 1993, mainly from Mexico and Canada, 
which together accounted for 99.2 percent of the imports. The United 
States exported 693,354,000 pounds of lettuce in 1993. Canada received 
approximately 82 percent of those exports, while the remaining 
destinations were highly varied.
    Israel produced about 10 million pounds of insect-free lettuce, 
which is grown inside insect-proof screenhouses, during 1993. About 10 
percent of the production is exported to Europe and the rest is 
consumed domestically. The amount of lettuce that would be exported to 
the United States is expected to be about 1,600,000 pounds, which 
represents less than 0.02 percent of U.S. production. This amount would 
not have a significant impact upon U.S. market supply. Additionally, 
the marketing target for this lettuce, both in Israel's domestic market 
as well as in the export market, is the ultra-orthodox religious 
community, members of which would not consume lettuce produced in any 
other way. Importation of this specialty product is not expected to 
compete with domestic production. Both producer prices and consumer 
prices would likely be unaffected by the importation of insect-free 
lettuce from Israel.

Radishes From the Netherlands

    The United States produced about 122.4 million pounds of radishes 
in 1993. Radishes are produced on about 760 farms, all of which are 
considered to be small entities. The United States is a net importer of 
radishes and it imported 35,121,976 pounds of fresh and chilled (the 
proportion of fresh to chilled cannot be ascertained) radishes in 1993. 
Over 94 percent of these imported radishes came from Mexico and 5.5 
percent from Canada.
    The Netherlands currently produces about 68 million pounds of 
radishes. Exports are expected to increase in stages, from 1.1 million 
pounds in the first year, to 2.2 million pounds during the second year, 
to about 4.4 million pounds (about 3 percent of U.S. supply) the third 
year and thereafter. Exports of radishes are expected to be spread 
equally over a 12-month period, with no significant peak period.

Oca From New Zealand

    There is no known commercial production of oca in the United 
States. Additionally, there is no record of oca imports into the United 
States. Oca is a specialty crop and only minor production is carried on 
in New Zealand. Most production occurs between the months of March and 
October. Annual production is about 110,000 pounds. Current oca exports 
from New Zealand to the rest of the world equal about 440 pounds. 
Allowing the importation of oca from New Zealand into the United States 
would provide additional choice to vegetable consumers.

Apricots, Peaches, Plums, and Nectarines From Zimbabwe

    In 1993 the United States produced 87,430 metric tons (192.7 
million pounds) of apricots on 3,353 farms; 1,130,00 metric tons 
(2,490.6 million pounds) of peaches on 19,106 farms; 182,395 metric 
tons (402 million pounds) of nectarines on 2,488 farms; and 176,710 
metric tons (390 million pounds) of plums on 8,006 farms. About 98 
percent of these farms are considered to be small entities according to 
SBA size standards.
    The United States is a net exporter of all four of these 
commodities. Imports of these four commodities into the United States 
are largely from Chile, while most of the U.S. exports are destined for 
Canada, Mexico, Taiwan, Hong Kong, and the United Kingdom. Although 
relevant volume data is not available, the addition of Zimbabwe as a 
new trading partner in apricots, peaches, plums, and nectarines is 
unlikely to shift the favorable balance of trade that the United States 
currently enjoys for these four commodities.

Summary

    The United States produces large amounts of grapes, cantaloupes, 
pears, papayas and radishes. The proposed importations of these and 
other listed commodities would likely increase supply. However, since 
potential imports would represent a very small proportion of the total 
domestic production of each product, no significant negative impact on 
U.S. producers is expected from such importations. Although increased 
supply generally results in lower prices, no information is currently 
available [[Page 27434]] about the magnitude of price responses to 
changes in supply. Overall, the benefits to consumers of any resulting 
price decline would likely outweigh the small losses to producers. 
Additionally, importation of oca and pak choi would increase the 
availability of new products. Both oca and pak choi have a limited 
market and are unlikely to compete with other products. Similarly, the 
Ya pears and cantaloupes proposed for importation are also unlikely to 
compete with other products. Ya pears are of different variety than any 
domestically produced pear, while cantaloupes from Brazil would be 
imported during the off season for U.S. cantaloupes. Other products 
such as basil and dill are very minor products. Some of these products 
are grown to supplement other farm income.
    The aggregate economic impact of this proposed rule is expected to 
be positive. U.S. consumers would benefit from a greater availability 
of fruits and vegetables. U.S. importers would also benefit from a 
greater availability of fruits and vegetables to import.
    The alternative to this proposed rule was to make no changes in the 
fruits and vegetables regulations. After consideration, we rejected 
this alternative since there was no pest risk reason to maintain the 
prohibitions on the affected produce.
    This proposed rule contains no paperwork or recordkeeping 
requirements.

Executive Order 12778

    This proposed rule would allow certain fruits and vegetables to be 
imported into the United States from certain parts of the world. If 
this 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-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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this proposed rule. The assessment provides a 
basis for the conclusion that the importation of fruits and vegetables 
under the conditions specified in this proposed rule would not present 
a significant risk of introducing or disseminating plant pests and 
would not have a significant impact on the quality of the human 
environment. Based on the finding of no significant impact, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the 
Council on Environmental Quality for Implementing the Procedural 
Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA Regulations 
Implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection 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. In addition, copies may be obtained by writing to the 
individuals listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

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, title 7, chapter III, of the Code of Federal 
Regulations would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 would continue to read as 
follows:

    Authority: 7 U.S.C. 150ee, 154, 161, 162, 167; 7 CFR 2.17, 2.51, 
and 371.2(c).

    2. In Sec. 300.1, paragraph (a) would be revised to read as 
follows:


Sec. 300.1  Materials incorporated by reference.

    (a) The Plant Protection and Quarantine Treatment Manual, which was 
reprinted on November 30, 1992, and includes all revisions through 
____________ 1995, has been approved for incorporation by reference in 
7 CFR chapter III by the Director of the Office of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 would continue to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21 
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).

    4. In Sec. 319.56-2t, the table would be amended by adding, in 
alphabetical order, the following:


Sec. 319.56-2t  Administrative instructions: conditions governing the 
entry of certain fruits and vegetables.

* * * * *

                                                                        
[[Page 27435]]
----------------------------------------------------------------------------------------------------------------
   Country/Locality         Common name         Botanical name                     Plant part(s)                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Belize                                                                                                          
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                       Papaya..............  Carica papaya.......  Fruit (Must be accompanied by a phytosanitary
                                                                    certificate issued by the Belizean          
                                                                    department of agriculture stating that the  
                                                                    fruit originated in the district of Cayo,   
                                                                    Corozal, or Orange Walk. Papayas from other 
                                                                    districts enterable only with treatment--see
                                                                    Sec.  319.56-2x). Prohibited entry into     
                                                                    Hawaii due to Toxotrypana curvicauda.       
                                                                    Cartons in which fruit is packed must be    
                                                                    stamped ``Not for importation into or       
                                                                    distribution within HI.''                   
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Ecuador                                                                                                         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                       Basil...............  Ocimum spp..........  Above ground parts.                          
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
El Salvador..........  Basil...............  Ocimum spp..........  Above ground parts.                          
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Israel                                                                                                          
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                       Chives..............  Allium schoenoprasum  Leaf.                                        
                       Dill................  Anethum graveolens..  Above ground parts.                          
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Jamaica                                                                                                         
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                       Pak choi............  Brassica chinensis..  Leaf and stem.                               
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Netherlands..........  Radish..............  Raphanus sativus....  Root.                                        
New Zealand                                                                                                     
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
                       Oca.................  Oxalis tuberosa.....  Tuber.                                       
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

  5. In Sec. 319.56-2u, the section heading and would be revised and 
paragraph (a) would be added to read as follows:


Sec. 319.56-2u  Conditions governing the entry of lettuce and peppers 
from Israel.

    (a) Lettuce may be imported into the United States from Israel 
without fumigation for leafminers, thrips, and Sminthuris viridis only 
under the following conditions:
    (1) Growing conditions. (i) The lettuce must be grown in insect-
proof houses covered with 50 mesh screens, double self-closing doors, 
and hard walks (no soil) between the beds;
    (ii) The lettuce must be grown in growing media that has been 
sterilized by steam or chemical means;
    (iii) The lettuce must be inspected during its active growth phase 
and the inspection must be monitored by a representative of the Israeli 
Ministry of Agriculture;
    (iv) The crop must be protected with sticky traps and prophylactic 
sprays approved for the crop by Israel;
    (v) The lettuce must be moved to an insect-proof packing house at 
night in plastic containers covered by 50 mesh screens;
    (vi) The lettuce must be packed in an insect-proof packing house, 
individually packed in transparent plastic bags, packed in cartons, 
placed on pallets, and then covered with shrink wrapping; and
    (vii) The lettuce must be transported to the airport in a closed 
refrigerated truck for shipment to the United States.
    (2) Each shipment of lettuce must be accompanied by a phytosanitary 
certificate issued by the Israeli Ministry of Agriculture stating that 
the conditions of paragraph (a)(1) of this section have been met.
* * * * *
    6. In Sec. 319.56-2x, paragraph (a) would be amended as follows:
    a. In the table, in the entry for Israel, the entry for lettuce 
would be amended in the fourth column under the heading Plant part(s) 
by adding the words ``(Treatment for leafminers, thrips, and Sminthuris 
viridis not required if the
[[Page 27436]] lettuce is imported in accordance with Sec. 319.56-
2u(a))'' after the word ``Leaf''.
    b. The table would be amended by adding, in alphabetical order, the 
following:


Sec. 319.56-2x  Administrative instructions; conditions governing the 
entry of certain fruits and vegetables for which treatment is required. 
(a) * * *

----------------------------------------------------------------------------------------------------------------
   Country/Locality         Common name         Botanical name                     Plant part(s)                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
Belize...............  Papaya..............  Carica papaya.......  Fruit (Treatment for Medfly not required for 
                                                                    fruit grown in the districts of Cayo,       
                                                                    Corozal, and Orange Walk - see Sec.  319.56-
                                                                    2t). Papayas prohibited entry into Hawaii   
                                                                    due to Toxotrypana curvicauda. Cartons in   
                                                                    which fruit is packed must be stamped ``Not 
                                                                    for importation into or distribution in     
                                                                    HI''.                                       
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
China................  Litchi..............  Litchi chinensis....  Fruit (Prohibited entry into Florida due to  
                                                                    litchi rust mite. Cartons in which litchi   
                                                                    are packed must be stamped ``Not for        
                                                                    importation into or distribution in FL'').  
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
India................  Grapes..............  Vitis spp...........  Fruit.                                       
                       Litchi..............  Litchi chinensis....  Fruit (Prohibited entry into Florida due to  
                                                                    litchi rust mite. Cartons in which litchi   
                                                                    are packed must be stamped ``Not for        
                                                                    importation into or distribution in FL'').  
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
  Zimbabwe                                                                                                      
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
                       Apricot.............  Prunus armeniaca....  Fruit.                                       
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
                       Nectarine...........  Prunus persica......  Fruit.                                       
                       Peach...............  Prunus persica......  Fruit.                                       
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
                       Plum................  Prunus domestica....  Fruit.                                       
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                               *                  *                                             
----------------------------------------------------------------------------------------------------------------

Sec. 319.56-2aa  [Amended]

    7. In Sec. 319.56-2aa, the section heading and the introductory 
text of the section would be amended by adding the words ``and 
cantaloupe'' after the word ``melons''; paragraph (a) would be amended 
by adding the words ``or cantaloupe'' after the word ``melons'' in the 
first sentence and both times it appears in the second sentence; 
paragraph (b) would be amended by adding the words ``or cantaloupe'' 
after the word ``melons''; and paragraph (c) would be amended by adding 
the words ``or cantaloupe'' after the word ``melons''.
    8. A new Sec. 319.56-2ee would be added to read as follows:


Sec. 319.56-2ee  Administrative instructions: conditions governing the 
entry of Ya variety pears from China.

    Ya variety pears may be imported into the United States from China 
only under the following conditions:
    (a) Growing and harvest conditions. (1) The pears must have been 
grown by growers registered with the Chinese Ministry of Agriculture in 
an APHIS-approved export growing area in Hebei Province.
    (2) Field inspections for signs of pest infestation must be 
conducted by the Chinese Ministry of Agriculture during the growing 
season.
    (3) The registered growers shall be responsible for following the 
phytosanitary measures agreed upon by APHIS and the Chinese Ministry of 
Agriculture, including applying pesticides to reduce the pest 
population and bagging the pears on the trees to reduce the opportunity 
for pests to attack the fruit during the growing season. The bags must 
remain on the pears through the harvest and during their movement to 
the packing house.
    (4) The packing houses in which the pears are prepared for 
exportation shall not be used for any fruit other than Ya variety pears 
from registered growers during the pear export season. The packing 
houses shall accept only those pears that are in intact bags as 
required by paragraph (a)(3) of this section. The pears must be loaded 
into containers at the packing house and the containers then sealed 
before movement to the port of export.
    (b) Treatment. The pears must be cold treated for Bactrocera 
dorsalis in accordance with the Plant Protection and Quarantine 
Treatment Manual, [[Page 27437]] which is incorporated by reference at 
Sec. 300.1 of this chapter.
    (c) Each shipment of pears must be accompanied by a phytosanitary 
certificate issued by the Chinese Ministry of Agriculture stating that 
the conditions of paragraphs (a) and (b) of this section have been met.
    Done in Washington, DC, this 18th day of May 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-12748 Filed 5-23-95; 8:45 am]
BILLING CODE 3410-34-P