[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Proposed Rules]
[Pages 34379-34385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16870]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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

[[Page 34379]]



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.

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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 
<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 person 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 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 Sec. 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.                          
----------------------------------------------------------------------------------------------------------------


[[Page 34380]]


    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 
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 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 Sec. 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.<SUP>2
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 Sec. 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 
<SUP>3 conducted by the South African Department of Agriculture have 
demonstrated that this area is free from citrus blackspot, unlike other 
citrus-producing 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.
---------------------------------------------------------------------------

    \3\ Information on these studies and surveys may be obtained by 
writing to the person listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    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  deg.C (31  deg.F) or below.

    We believe that the proposed conditions described above, as well as 
all other applicable requirements in Sec. 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:

                                                                        
                                      Common name, botanical name, and  
              Country                           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/m<SUP>3 (\1/2\ lb/1000 ft<SUP>3) for 1\1/ 
                                     2\ hours at 37  deg.C (90  deg.F)  
                                     or above; or                       
                                    16 g/m<SUP>3 (1 lb/1000 ft<SUP>3) for 1\1/2\  
                                     hours at 26.5-31.5  deg.C (80-89   
                                     deg.F); or                         
                                    24 g/m<SUP>3 (1\1/2\ lbs/1000 ft<SUP>3) for   
                                     1\1/2\ hours at 21-26  deg.C (70-79
                                      deg.F); or                        
                                    32 g/m<SUP>3 (2 lbs/1000 ft<SUP>3) for 1\1/2\ 
                                     hours at 15.5-20.5  deg.C (60-69   
                                     deg.F); or                         
                                    40 g/m<SUP>3 (2\1/2\ lbs/1000 ft<SUP>3) for   
                                     1\1/2\ hours at 10-15  deg.C (50-59
                                      deg.F); or                        
                                    48 g/m<SUP>3 (3 lbs/1000 ft<SUP>3) for 1\1/2\ 
                                     hours at 4.5-9.5  deg.C (40-49     
                                     deg.F).                            
                                    Alternative treatment:              
                                    With methyl bromide at NAP--chamber 
                                     or tarpaulin:                      

[[Page 34381]]

                                                                        
                                    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.                 
                                    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 Sec. 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.<SUP>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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Therefore, we are proposing to allow papaya to be imported from the 
Medfly-free 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

[[Page 34382]]

port of first arrival, in accordance with Sec. 319.56-6.

Miscellaneous

    We are also proposing to make minor editorial changes to the table 
in Sec. 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

[[Page 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-by-case basis. If this proposed rule is adopted, no 
retroactive effect will be given to this rule, and this rule will not 
require administrative proceedings before parties may file suit in 
court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (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 Sec. 300.1, paragraph (a), the introductory text would be 
revised to read as follows:


Sec. 300.1  Materials incorporated by reference; availability.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection

[[Page 34384]]

and Quarantine Treatment Manual, which was reprinted November 30, 1992, 
and includes all revisions through ____________________, 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 Sec. 319.56-2q would be added to read as follows:


Sec. 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 Sec. 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 Sec. 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 Sec. 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.


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

* * * * *

----------------------------------------------------------------------------------------------------------------
     Country/locality             Common 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   
                                                                                          Sec.  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 Sec.  
                                                                                          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 Sec. 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.

[[Page 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.


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, 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 Sec.   
                                                                                          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.          Pod or shelled.        
                                                       sesquipedalis.                                           
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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