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

34379

Vol. 61, No. 128

Tuesday, July 2, 1996

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.

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Parts 300 and 319

[Docket No. 95–098–1]

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 injurious plant pests as a

condition of entry, or to meet other

special conditions. The removal of these

prohibitions 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: For comments on all portions of

this proposed rule except the rule’s

information collection and

recordkeeping requirements that are

subject to the Paperwork Reduction Act,

consideration will be given only to

comments received on or before August

1, 1996. For comments on the

Paperwork Reduction Act requirements

of this proposed rule, consideration will

be given only to comments received on

or before September 3, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–098–1, 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. 95–098–1. 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.

Peter Grosser, Senior Operations Officer,

Port Operations, PPQ, APHIS, 4700

River Road Unit 139, Riverdale, MD

20737–1236; (301) 734–8295.

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 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 fruit flies or other

injurious plant pests 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 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 be

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 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 injurious 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 injurious plant 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 fruit flies and other

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 fruit and vegetables to be

imported 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)

Argentina ............................................. Basil ..................................................... Ocimum spp. ....................................... Above ground parts.

Korea ................................................... Angelica ............................................... Aralia elata .......................................... Edible shoot.

Morocco ............................................... Strawberry ........................................... Fragaria spp. ....................................... Fruit.
34380 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

2 Details on APHIS-monitored trapping programs

in Chile are available from Operational Support, IS,

APHIS, Suite 5A03, 4700 River Road Unit 67,

Riverdale, MD 20737–1233.

3 Information on these studies and surveys may be

obtained by writing to the person listed under FOR

FURTHER INFORMATION CONTACT.

Pest risk analyses conducted by the

Animal and Plant Health Inspection

Service (APHIS) have shown that the

fruit 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 fruit or vegetables would be

readily detectable by a USDA inspector.

Therefore, the provisions in § 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 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 would allow the following fruits

and vegetables to be imported into the

United States from the country

indicated subject to the prescribed

conditions and in accordance with

§ 319.56–6 and all other applicable

requirements of the regulations:

Babaco from Chile

We are proposing to allow babaco

(fruit, Carica x heilborni var. pentagona)

from Chile to be imported into the

United States if the fruit is grown in one

of the designated districts of Chile that

has been determined to be free of the

Mediterranean fruit fly (Medfly). The

babaco would have to be accompanied

by a phytosanitary certificate issued by

the Chilean Department of Agriculture

stating that the fruit originated in a

Medfly-free province. Currently, all of

the provinces of Chile except the

provinces of Arica, Iquique, and

Parinacota have been determined to be

free of Medfly. This determination is

based on a national Medfly trapping

program that has been conducted in

Chile for more than 10 years with the

cooperation and monitoring of APHIS.2

Pest risk analyses conducted by

APHIS have determined that any other

injurious plant pests that might be

carried by the babaco would be readily

detectable by a USDA inspector. As

noted, the babaco would be subject to

inspection, disinfection, or both, at the

port of first arrival, in accordance with

§ 319.56–6.

Clementine, Grapefruit, Lemon,

Minneola, Navel Orange, Satsuma, and

Valencia Orange from South Africa

We are proposing to allow

clementine, grapefruit, lemon,

minneola, navel orange, satsuma, and

valencia orange (fruit, Citrus spp.) to be

imported into the United States from

South Africa under certain conditions

designed to prevent the introduction of

Medfly and other injurious plant pests

into the United States.

First, we would require that the citrus

be grown in, packed in, and shipped

from the Western Cape Province of

South Africa. We are proposing this

requirement because scientific studies

and surveys 3 conducted by the South

African Department of Agriculture have

demonstrated that this area is free from

citrus blackspot, unlike other citrusproducing areas in South Africa.

Further, we believe that both natural

and regulatory barriers are in place that

will help ensure that the Western Cape

Province will remain free of citrus

blackspot. The Western Cape Province’s

nearest citrus-producing neighbor, the

Gamtoos River Valley, has, to date, had

no findings or reports of citrus

blackspot, and the citrus-producing

areas in South Africa that are infested

with citrus blackspot are separated from

the Western Cape Province by mountain

ranges, semi-desert areas, or long

distances. Additionally, the South

African government has in place

regulations that prohibit the movement

of nursery trees from the northern

citrus-production area of South Africa

into the Western Cape Province, and the

South African government carefully

monitors and regularly inspects citrus

fruit for citrus blackspot in the growing

areas and packinghouses of the Western

Cape Province.

As such, we are also proposing that

each shipment of citrus fruit intended

for importation into the United States

would have to be accompanied by a

phytosanitary certificate issued by the

South African Ministry of Agriculture

stating that the citrus fruit was grown

in, packed in, and shipped from the

Western Cape Province of South Africa.

This requirement would ensure that

only citrus fruit from areas of South

Africa free of citrus blackspot would be

imported into the United States.

Finally, we would require that the

citrus fruit be cold treated for false

codling moth and fruit flies of the genus

Ceritatis, including Medfly, and

Pterandrus in accordance with the Plant

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:

22 days at ¥0.55 °C (31 °F) or below.

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

on citrus fruit imported from South

Africa.

Treatment Required

Additionally, we are proposing to

allow the fruits and vegetables listed

below 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. These fruits and vegetables are

attacked by injurious plant pests, 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 can be treated to destroy the

injurious plant pests.

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)

Honduras Hyancinth bean, Lablab

purpureus, pod or shelled

Methyl Bromide fumigation for

Cydia fabivora, Epinotia

aporema, and Maruca

testulalis would be required;

fumigation would be conducted as follows:

With methyl bromide in a 15-

inch vacuum:

8 g/m3 (1⁄2 lb/1000 ft3) for 11⁄2

hours at 37 °C (90 °F) or

above; or

16 g/m3 (1 lb/1000 ft3) for 11⁄2

hours at 26.5–31.5 °C (80–89

°F); or

24 g/m3 (11⁄2 lbs/1000 ft3) for

11⁄2 hours at 21–26 °C (70–79

°F); or

32 g/m3 (2 lbs/1000 ft3) for 11⁄2

hours at 15.5–20.5 °C (60–69

°F); or

40 g/m3 (21⁄2 lbs/1000 ft3) for

11⁄2 hours at 10–15 °C (50–59

°F); or

48 g/m3 (3 lbs/1000 ft3) for 11⁄2

hours at 4.5–9.5 °C (40–49

°F).

Alternative treatment:

With methyl bromide at NAP—

chamber or tarpaulin:
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34381

4 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.

Country Common name, botanical

name, and plant part(s)

24 g/m3 (11⁄2 lbs/1000 ft3) for 2

hours at 26.5 °C (80 °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/m3 (2 lbs/1000 ft3) for 2

hours at 21–26 °C (70–79 °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/m3 (21⁄2 lbs/1000 ft3) for 2

hours at 15.5–20.5 °C (60–69

°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/m3 (3 lbs/1000 ft3) for 2

hours at 10–15 °C (50–59 °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.

Yard long bean, Vigna

unguiculata subsp.

sesquipedalis, pod or shelled.

Methyl bromide fumigation for

Cydia fabivora, Epinotia

aporema, and Maruca

testulalis as set forth above

for hyacinth bean from Honduras.

Nicaragua Broad bean, Vicia faba, pod or

shelled.

Methyl bromide fumigation for

Cydia fabivora, Epinotia

aporema, and Maruca

testulalis as set forth above

for hyacinth bean from Honduras.

Green bean, Phaseolus spp.,

pod or shelled.

Methyl bromide fumigation for

Cydia fabivora, Epinotia

aporema, and Maruca

testulalis as set forth above

for hyacinth bean from Honduras.

Mung bean, Vigna radiata, pod

or shelled.

Methyl bromide fumigation for

Cydia fabivora, Epinotia

aporema, and Maruca

testulalis as set forth above

for hyacinth bean from Honduras.

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 APHIS by writing

to the Oxford Plant Protection Center,

901 Hillsboro St., Oxford, NC 27555.

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

§ 319.56–6.

Use of Methyl Bromide

Methyl bromide is currently in

widespread use as a fumigant. It is

prescribed as a treatment for hyacinth

beans and yard long beans from

Honduras and broad beans, green beans,

and mung beans from Nicaragua. 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 in the United States 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.

Proposal of Expansion of Medfly-Free

Area in Belize

We are proposing to recognize the

northern portion of the district of Stann

Creek in Belize as free from Medfly and

to allow papaya to be imported into the

United States from this area without

treatment for Medfly.

Belize has conducted a national

Medfly trapping program for more than

6 years with the cooperation and

monitoring of APHIS.4 An intensive,

ongoing trapping program, combined

with an aggressive eradication campaign

including intensified trapping, ground

spraying with malathion bait, and fruit

stripping, in the district of Stann Creek

has established that the northern

portion of that district qualifies as a

Medfly-free area. The area of the Stann

Creek district that would not be

included in the proposed Medfly-free

zone is the Placencia Peninsula area

because this area has ports of entry that

receive cargo and travellers from

Honduras and is therefore subject to

occasional Medfly introductions. The

exact boundaries of the excluded area

are as follows: Beginning at the

southernmost point of the Placencia

Peninsula; then north along the coast of

the Caribbean Sea to Riversdale Road;

then west along Riversdale Road to

Southern Highway; then south along the

Southern Highway to Independence

Road; then east along Independence

Road to Big Creek Port; then east, on an

imaginary line, from Big Creek Port

across the Placencia Lagoon to the point

of beginning.

Therefore, we are proposing to allow

papaya to be imported from the Medflyfree area of the Stann Creek district

without treatment for Medfly if the

papaya is accompanied by a

phytosanitary certificate issued by the

Belizean Department of Agriculture

stating that the fruit originated in the

Medfly-free area of the Stann Creek

district. As is routine, APHIS would

continue to be directly involved in the

monitoring of Belize’s national Medfly

trapping program in order to assist the

district of Stann Creek in maintaining

Medfly-free status. Currently, papaya

from the Cayo, Corozal, and Orange

Walk districts of Belize may be

imported into the United States without

treatment for Medfly if the papaya is

accompanied by a phytosanitary

certificate issued by the Belizean

Department of Agriculture stating that

the fruit originated in those Medfly-free

districts. Papaya grown in Belize

outside the Medfly-free areas may also

be imported into the United States,

provided the fruit is treated for Medfly

in accordance with the PPQ Treatment

Manual.

Like all other papaya imported into

the United States from Belize, papaya

grown in the Medfly-free area of the

Stann Creek district would be

prohibited entry into Hawaii—where

most domestically grown papayas are

produced—as a precaution against the

possible introduction of papaya fruit fly

(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. As

noted, the papaya would be subject to

inspection, disinfection, or both, at the
34382 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

port of first arrival, in accordance with

§ 319.56–6.

Miscellaneous

We are also proposing to make minor

editorial changes to the table in

§ 319.56–2t for clarity and consistency.

Our amendments would involve

removing the common name ‘‘Yam

bean’’ and replacing it with ‘‘Jicama’’

and, for importations of tarragon from

Guatemala and Panama, removing the

plant part description ‘‘Leaf and stem’’

and replacing it with ‘‘Above ground

parts.’’ We believe that these

amendments will clarify the regulations

by keeping the common names in the

table up-to-date and by keeping the

plant part descriptions uniform.

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.

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 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 have introduced injurious plant

pests into the United States.

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. 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

addition, some of the fruits and

vegetables would be required to undergo

mandatory treatment for injurious plant

pests as a condition of entry, or 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 into the United States of

injurious plant pests by imported fruits

and vegetables.

Basil from Argentina

From 1990 to 1994, the value of U.S.

basil imports averaged $3.3 million

annually. This average includes import

values for 1994 when, due to a record

import volume of 3,220 metric tons,

U.S. basil imports amounted to $4.6

million. No information is available on

U.S. basil production.

It is estimated that Argentina

produces about 1,500 metric tons of

basil annually. If commercial conditions

are favorable, basil exports to the United

States could, over time, reach 200

metric tons a year. This amount is only

about 6 percent of current U.S. basil

imports and, therefore, is not expected

to have a significant effect on the U.S.

basil market.

Babaco from Chile

Chile produced 334 metric tons of

babaco from 1994 to 1995. Of this

amount, only 6.9 metric tons were

exported, and all exported babaco went

to Argentina. There is no data available

on production or importation of babaco

by the United States. We do not expect

that babaco imported from Chile would

have a significant impact on U.S.

producers or other small entities.

Hyacinth Bean and Yard Long Bean

from Honduras

No information is available on

potential U.S. imports of hyacinth bean

or yard long bean from Honduras or on

U.S. production of these commodities.

Angelica From Korea

Korea produces about 1,300 metric

tons of angelica a year. Of this amount,

only 10 kilograms were exported in

1994 and 14 kilograms in 1995. Given

the negligible quantities exported in the

last 2 years, it is anticipated that very

little angelica will be imported into the

United States from Korea. Therefore, no

significant impact on U.S. entities is

expected.

Strawberry From Morocco

In 1994, total U.S. strawberry

production was 737,580 metric tons.

That year, the United States exported

57,332 metric tons of fresh strawberries

and 28,637 metric tons of frozen

strawberries and imported 19,843 metric

tons of fresh strawberries and 25,050

metric tons of frozen strawberries.

Therefore, in 1994, U.S. exports of fresh

strawberries surpassed U.S. imports of

fresh strawberries by nearly three times,

while frozen strawberry exports and

imports were more balanced.

Morocco produced about 35,000

metric tons of strawberries in the 1994–

95 season. During that season, Morocco

exported about 9,000 metric tons of

fresh strawberries and 11,000 metric

tons of frozen strawberries.

Future U.S. strawberry imports from

Morocco are estimated at 160 metric

tons of strawberries per year. As these

estimated strawberry imports from

Morocco constitute less than .02 percent

of U.S. strawberry production, they are

not expected to have a significant

impact on U.S. entities, large or small.

Broad Bean, Green Bean, and Mung

Bean from Nicaragua

In 1994, total U.S. green bean

production was 916,750 metric tons. Of

this amount, 20,324 metric tons, or 2.2

percent of total production, was

exported. In 1994, green bean imports

amounted to 11,230 metric tons.

U.S. production data is not available

for broad bean and mung bean.

However, in 1994, the United States

exported 389 metric tons of dried broad

bean and 2,134 metric tons of dried

mung bean. U.S. imports of these

commodities in 1994 totaled 610 metric

tons of dried broad bean and 7,178

metric tons of dried mung bean.

No information is available on

potential imports of green bean, broad

bean, and mung bean from Nicaragua.

Given the sizable quantity of green

beans produced in the United States and

given the import levels for broad bean

and mung bean, potential import of

these commodities from Nicaragua is

not expected to have a significant

impact on U.S. producers or other small

entities.

Clementine, Grapefruit, Lemon,

Minneola, Navel Orange, Satsuma, and

Valencia Orange From South Africa

In the 1994–95 season, the total value

of the U.S. citrus crop was $2.25 billion.

The 1994–95 value of U.S.-produced

navel oranges (early and midseason)

was $836 million, valencia oranges $727
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34383

million, grapefruit $301 million, and

lemon $265 million. Production value is

not available for clementine, satsuma,

and minneola.

In 1994, the United States exported

fresh citrus and citrus products valued

at more than $650 million and imported

fresh citrus and citrus products valued

at about $70 million. By weight, about

50 percent of 1994 fresh citrus exports

were oranges and tangerines, about 40

percent grapefruit, and about 10 percent

lemons and limes.

South Africa exports about two-thirds

of its citrus crop. The 1996 projected

exports of citrus from the Western Cape

Province of South Africa to the United

States include 10,500 metric tons of

navel oranges; 12,750 metric tons of

valencia oranges; 8,000 metric tons of

clementines; 75 metric tons of

grapefruit; 3,000 metric tons of lemons;

1,000 metric tons of satsuma; and 900

metric tons of minneola. These

projections amount to only a fraction of

one percent of U.S. production of citrus.

Additionally, as South Africa exports

most of its fresh citrus and citrus

products during the summer months,

South African citrus would not compete

with the late fall, winter, and early

spring citrus production season in the

United States.

Therefore, due to summer arrival of

citrus from South Africa, the relatively

negligible quantity of citrus expected to

be imported into the United States from

South Africa, and the fact that U.S.

citrus exports are more than nine times

greater than U.S. citrus imports, we

expect that South African citrus exports

to the United States would not have a

significant impact on U.S. producers,

exporters, or importers of citrus. Citrus

importers in the United States could

benefit from the increased availability of

citrus fruit, especially navel oranges,

during the time of year when U.S.

production is at its lowest.

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.

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-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. 95–098–1. Please

send a copy of your comments to: (1)

Docket No. 95–098–1, 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. Comments on

the information collection or

recordkeeping requirements included in

this proposed rule are due 60 days from

the proposed rule’s date of publication

in the Federal Register. 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.

This proposed rule would allow a

number of previously prohibited fruits

and vegetables to be imported into the

United States from certain parts of the

world. In order for some of these fruits

and vegetables to be safely imported

into the United States, we would require

the use of a phytosanitary certificate,

issued by plant health officials of the

exporting country, stating that the fruits

or vegetables originated in an area free

of certain plant pests. This requirement

would help ensure that only fruits and

vegetables that do not present an

unacceptable risk of introducing

injurious plant pests into the United

States would be imported into the

United States.

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 1.31 hours per

response.

Respondents: Foreign plant health

officials.

Estimated number of respondents:

300.

Estimated number of responses per

respondent: 1.

Estimated total annual burden on

respondents: 393 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

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, 7 CFR parts 300 and 319

are proposed to 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,

and 167; 7 CFR 2.22, 2.80, and 371.2(c).

2. In § 300.1, paragraph (a), the

introductory text would be revised to

read as follows:

§ 300.1 Materials incorporated by

reference; availability.

(a) Plant Protection and Quarantine

Treatment Manual. The Plant Protection
34384 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

and Quarantine Treatment Manual,

which was reprinted November 30,

1992, and includes all revisions through

llllllllll, 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, 450, 2803, and 2809; 21 U.S.C. 136

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

4. A new § 319.56–2q would be added

to read as follows:

§ 319.56–2q Administrative instructions:

conditions governing the entry of citrus

from South Africa.

Clementine (Citrus reticulata),

grapefruit (Citrus paradisi), lemon

(Citrus limon), minneola (C. paradisi x

C. reticulata), navel orange (Citrus

sinensis), satsuma (Citrus reticulata),

and valencia orange (Citrus sinensis)

may be imported into the United States

from the Western Cape Province of

South Africa only under the following

conditions:

(a) The citrus fruit must be grown in,

packed in, and shipped from the

Western Cape Province of South Africa.

(b) The citrus fruit must be cold

treated for false codling moth and fruit

flies of the genus Ceritatis and

Pterandrus in accordance with the Plant

Protection and Quarantine Treatment

Manual, which is incorporated by

reference at § 300.1 of this chapter.

(1) If the cold treatment is to be

conducted in the United States, entry of

the citrus fruit into the United States is

limited to ports listed in § 319.56–

2d(b)(1).

(2) If the cold treatment is conducted

in South Africa or in transit to the

United States, entry of the citrus into

the United States may be made through

any U.S. port.

(c) Each shipment of citrus fruit must

be accompanied by a phytosanitary

certificate issued by the South African

Ministry of Agriculture stating that the

conditions of paragraph (a) of this

section have been met.

5. In § 319.56–2t, the table would be

amended as follows:

a. In the entries for Costa Rica,

Guatemala, and Philippines, under the

heading Common name, by removing

the words ‘‘Yam bean’’ from each entry

and adding the word ‘‘Jicama’’ in their

places.

b. In the entries for Guatemala and

Panama, the entry for Tarragon would

be amended in the fourth column, under

the heading Plant part(s), by removing

the words ‘‘Leaf and stem’’ and adding

the words ‘‘Above ground parts’’ in their

place.

c. In the entry for Belize, the entry for

Papaya, by revising the text under the

heading Plant part(s) to read as set forth

below.

d. By adding, in alphabetical order,

entries for Basil from Argentina, Babaco

from Chile, Angelica from Korea, and

Strawberry from Morocco to read as set

forth below.

§ 319.56–2t Administrative instructions:

conditions governing the entry of certain

fruits and vegetables.

* * * * *

Country/localityCommon

name Botanical name Plant part(s)

Argentina

* * * * * * *

Basil ............. Ocimum spp. ........... Above ground parts.

* * * * * * *

Belize

* * * * * * *

Papaya ........ Carica papaya ......... Fruit (Must be accompanied by a phytosanitary cer tificate issued by the Belizean depart

ment of agriculture stating that the fruit originated in the district of Cayo, Corozal, or

Orange Walk, or in any portion of the district of Stann Creek except the area bounded

as follows: Beginning at the southernmost point of the Placencia Peninsula; then north

along the coast of the Caribbean Sea to Riversdale Rd.; then west along Riversdale

Rd. to Southern Hwy.; then south along the Southern Hwy. to Independence Rd.; then

east along Independence Rd. to Big Creek Port; then east, on an imaginary line, from

Big Creek Port across the Placencia Lagoon to the point of beginning. Papayas from

other areas of Belize enterable only with treatment—see § 319.56–2x). Pro hibited

entry into Hawaii due to the papaya fruit fly, Toxotrypana curvicauda. Cartons in which

fruit is packed must be stamped ‘‘Not for importation into or distribution within HI.’’

* * * * * * *

Chile ............. Babaco ........ Carica x heilborni

var. pentagona.

Fruit. (From Medfly-free areas—see § 319.56–2j. Fruit must be accompanied by a

phytosanitary certificate issued by the Chilean department of agriculture stating that the

fruit originated in a Medfly-free province.)

* * * * * * *

Korea ........... Angelica ....... Aralia elata .............. Edible shoot.

* * * * * * *

Morocco ....... Strawberry ... Fragaria spp. ........... Fruit.

* * * * * * *

6. In § 319.56–2x, paragraph (a), the

table would be amended as follows:

a. In the entry for Belize, the entry for

Papaya, by revising the text under the

heading Plant part(s) to read as set forth

below.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34385

b. By adding, in alphabetical order,

entries for Hyacinth bean and Yard long

bean from Honduras and Broad bean,

Green bean, and Mung bean from

Nicaragua to read as set forth below.

§ 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, or in any portion of the district of Stann Creek except the area

bounded as follows: Beginning at the southernmost point of the Placencia Peninsula;

then north along the coast of the Caribbean Sea to Riversdale Rd.; then west along

Riversdale Rd. to Southern Hwy.; then south along the Southern Hwy. to Independence Rd.; then east along Independence Rd. to Big Creek Port; then east, on an imaginary line, from Big Creek Port across the Placencia Lagoon to the point of beginning—

see § 319.59–2t.) Papayas prohibited entry into Hawaii due to the papaya fruit fly,

Toxotrypana curvicauda. Cartons in which fruit is packed must be stamped ‘‘Not for importation into or distribution within HI.’’

* * * * * * *

Honduras ..... Hyacinth

bean.

Lablab purpureus .... Pod or shelled.

Yard long

bean.

Vigna unguiculata,

subsp.

sesquipedalis.

Pod or shelled.

* * * * * * *

Nicaragua ..... Broad bean Vicia faba ................ Pod or shelled.

Green bean Phaseolus spp ........ Pod or shelled.

Mung bean Vigna radiata ........... Pod or shelled.

* * * * * * *

* * * * *

Done in Washington, DC, this 27th day of

June 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16870 Filed 7–1–96; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR PART 1240

[FV–96–707]

Honey Research, Promotion, and

Consumer Information Order;

Continuance Referendum

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Referendum order.

SUMMARY: This document gives notice

that a referendum will be conducted to

determine whether the continuance of

the Honey Research, Promotion, and

Consumer Information Order is favored

by a majority of the producers,

producer-packers, and importers voting

in the referendum. This action

establishes the voting period,

representative period, method of voting,

and agents.

DATES: The referendum will be

conducted by mail ballot from August 1

through August 30, 1996. The

representative period for establishing

voter eligibility shall be the period from

January 1, 1994, through December 31,

1995.

ADDRESSES: Copies of the Honey

Research, Promotion, and Consumer

Information Order may be obtained

from: Referendum Agent, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

Room 2535–S, Washington, DC 20090–

6456.

FOR FURTHER INFORMATION CONTACT:

Richard Schultz, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, Room 2535–S,

P.O. Box 96456, Washington, D.C.

20090–6456. Telephone (202) 720–5976.

SUPPLEMENTARY INFORMATION: A

referendum will be conducted among

eligible honey producers, producerpackers, and importers to determine

whether the continuance of the Honey

Research, Promotion, and Consumer

Information Order (Order) [7 CFR 1240]

is favored by persons voting in the

referendum. The Order is authorized

under the Honey Research, Promotion,

and Consumer Information Act, as

amended (act) [7 U.S.C. 4601–4612].

The representative period for

establishing voter eligibility for the

referendum shall be the period from

January 1, 1994, through December 31,

1995. Persons who are producers,

producers and handlers, or importers of

honey or honey products at the time of

the referendum and during the

representative period are eligible to

vote. Persons who have received an

exemption from assessment for the

entire representive period are ineligible

to vote. The referendum shall be

conducted by mail ballot from August 1

through 30, 1996.

Section 13(b)(1) of the act provides

that 5 years from the date on which the

Secretary of Agriculture (Secretary)

issues an order authorizing the

collection of assessments, and every 5

years thereafter, the Secretary shall

conduct a referendum to determine if

honey producers and importers favor

the termination or suspension of the

Order. On July 21, 1986, the Secretary

issued the Order, and the first

continuance referendum was conducted

in August 1991. Therefore, this order is

issued pursuant to the Act’s

requirements and gives producers and

importers a second opportunity to vote

on whether the program will continue.

Section 13(d) also provides that the

Secretary shall suspend or terminate the

Order if termination or suspension is

favored by a majority of the producers

and importers voting in the referendum

and that the producers and importers

comprising this majority produce or