Importation of Fruits and Vegetables, 16431-16445 [05-6269]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16431-16445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6269]


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

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

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


Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / 
Proposed Rules

[[Page 16431]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-048-1]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to list a number of fruits and vegetables from certain 
parts of the world as eligible, under specified conditions, for 
importation into the United States. Many of these fruits and vegetables 
are already eligible for importation under permit, but are not 
specifically listed in the regulations. All of the fruits and 
vegetables, as a condition of entry, would be inspected and subject to 
treatment at the port of first arrival as may be required by an 
inspector. In addition, some of the fruits and vegetables would be 
required to be treated or meet other special conditions. We also 
propose to recognize areas in several countries as free from certain 
fruit flies; provide for the importation of untreated citrus from 
Mexico for processing under certain conditions; add, modify, or remove 
certain definitions; eliminate or modify existing treatment 
requirements for specified commodities; and make other miscellaneous 
changes. These actions would improve the transparency of our 
regulations while continuing to protect against the introduction of 
quarantine pests through imported fruits and vegetables.

DATES: We will consider all comments that we receive on or before May 
31, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to https://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 03-048-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 03-048-1.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import 
Specialist, Phytosanitary Issues Management, PPQ, APHIS, 4700 River 
Road, Unit 140, Riverdale, MD 20737-1228; (301) 734-8262.

SUPPLEMENTARY INFORMATION:

Background

    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to regulate the importation of plants, 
plant products, and other articles to prevent the introduction of plant 
pests into the United States or the dissemination of plant pests within 
the United States.
    The regulations in ``Subpart-Fruits and Vegetables'' (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 
spread of plant pests that are new to or not widely distributed within 
the United States.
    In this document, we are proposing to amend the regulations to list 
a number of fruits and vegetables from certain parts of the world as 
eligible, under specified conditions, for importation into the United 
States. Many of these fruits and vegetables are already eligible for 
importation under permit, but are not specifically listed in the 
regulations. All of the fruits and vegetables, as a condition of entry, 
would be inspected and subject to treatment at the port of first 
arrival as may be required by an inspector. In addition, some of the 
fruits and vegetables would have to meet other special conditions. We 
are also proposing to recognize areas in several countries as free from 
certain fruit flies; add an alternative treatment for specified 
commodities; provide for the importation of untreated citrus from 
Mexico for processing under certain conditions; and to add, modify, or 
remove certain definitions make other miscellaneous changes. Our 
proposed amendments are discussed below by topic.

Fruits and Vegetables Eligible for Entry Under Permit

    Prior to 1992, APHIS did not specifically amend the regulations to 
list those fruits and vegetables for which we issued a permit after 
determining that the fruit or vegetable was eligible for entry under 
the regulations in Sec.  319.56-2(e). However, in 1992, in an effort to 
increase transparency, we changed our approach and began to amend the 
regulations to specifically list all newly eligible fruits and 
vegetables (i.e., those that were not previously eligible under a 
specific administrative instruction or imported under permit in 
accordance with Sec.  319.56-2(e)). In most cases, we have not amended 
the regulations to list the fruits and vegetables that were allowed 
entry exclusively under permit prior to our decision to specifically 
list the commodities in the regulations.
    In this document, we are proposing to amend the regulations to list 
a number of those fruits and vegetables that were approved for entry 
prior to 1992 and that have been eligible for importation under permit. 
In those cases where a permit has contained additional conditions that 
apply to the importation of the fruit or vegetable (such as a

[[Page 16432]]

requirement for a phytosanitary certificate with an additional 
declaration or limitations on the origin or distribution of the 
article), those additional conditions would be reflected in the 
regulations. This proposed action would serve to improve the 
transparency of our regulations.
    The permit requirement for these fruits and vegetables would 
continue to apply to their importation, as would the requirements of 
Sec.  319.56-6 of the regulations. Under Sec.  319.56-6, all imported 
fruits and vegetables, as a condition of entry into the United States, 
must be inspected; they are also subject to disinfection at the port of 
first arrival if an inspector requires it. Section 319.56-6 also 
provides that any shipment of fruits and vegetables may be refused 
entry if the shipment is so infested with plant pests that an inspector 
determines that it cannot be cleaned or treated.
    As noted previously, some of the fruits and vegetables we would 
list in the regulations would have to meet other special conditions. 
The proposed conditions of entry, which are discussed below, appear 
adequate to prevent the introduction and spread of quarantine pests 
through the importation of these fruits and vegetables.

Inspected and Subject to Disinfection

    Section 319.56-2t lists fruits and vegetables that may be imported 
into the United States in accordance with the inspection and 
disinfection requirements of Sec.  319.56-6 and all other applicable 
requirements of the regulations. We propose to amend that list to 
include the following additional fruits and vegetables from certain 
countries. All of these fruits and vegetables are eligible for 
importation into the United States in accordance with Sec.  319.56-6 
and all other applicable requirements of the regulations. These fruits 
and vegetables also meet the criteria of Sec.  319.56-2(e)(4) and have 
been imported into the United States under permit since before 1992.

----------------------------------------------------------------------------------------------------------------
        Country of origin               Common name                           Botanical name
----------------------------------------------------------------------------------------------------------------
Argentina........................  Allium..............  Allium spp.
Belgium..........................  Cichorium...........  Cichorium spp.
Belize...........................  Pepper..............  Capsicum spp.
Brazil...........................  Dasheen.............  Colocasia esculenta.
                                   Ginger root.........  Zingiber officinale.
Chile............................  Asparagus...........  Asparagus officinalis.
                                   Blackberry..........  Rubus spp.
                                   Blueberry...........  Vaccinium spp.
                                   Raspberry...........  Rubus spp.
China............................  Ginger root.........  Zingiber officinale.
Colombia.........................  Banana..............  Musa spp.
Costa Rica.......................  Banana..............  Musa spp.
                                   Carrot..............  Daucus carota ssp. sativus.
                                   Cucurbit............  Cucurbitaceae.
Dominican Republic...............  Avocado.............  Persea americana.
                                   Banana..............  Musa spp.
                                   Breadfruit..........  Artocarpus altilis.
                                   Cassava.............  Manihot esculenta.
                                   Celeriac............  Apium graveolens var. dulce.
                                   Citrus..............  Citrus spp.
                                   Cucurbit............  Cucurbitaceae.
                                   Dasheen.............  Colocasia esculenta.
                                   Genip...............  Melicoccus bijugatus.
                                   Pepper..............  Capsicum spp.
Guatemala........................  Banana..............  Musa spp.
                                   Cichorium...........  Cichorium spp.
                                   Cucurbit............  Cucurbitaceae.
                                   Okra................  Abelmoschus esculentus.
Honduras.........................  Cucurbit............  Cucurbitaceae.
                                   Okra................  Abelmoschus esculentus.
Israel...........................  Basil...............  Ocimum spp.
Jamaica..........................  Cucurbit............  Cucurbitaceae.
Mexico...........................  Artichoke, globe....  Cynara scolymus.
                                   Artichoke, Jerusalem  Helianthus tubersus.
                                   Basil...............  Ocimum spp.
                                   Blackberry..........  Rubus spp.
                                   Celery..............  Apium graveolens var. dulce.
                                   Cichorium...........  Cichorium spp.
                                   Dill................  Anethum graveolens.
                                   Jicama or yam bean..  Pachyrhizus tuberosus, P. erosus.
                                   Lettuce.............  Lactuca sativa.
                                   Oregano.............  Origanum spp.
                                   Pepper..............  Capsicum spp.
                                   Raspberry...........  Rubus spp.
                                   Spinach.............  Spinacia oleracea.
                                   Strawberry..........  Fragaria spp.
                                   Swiss chard.........  Beta vulgaris var. cicla.
                                   Tomatillo...........  Physalis ixocarpa.
Netherlands......................  Cichorium...........  Cichorium spp.
                                   Cucurbit............  Cucurbitaceae.
                                   Eggplant............  Solanum melongena.
Nicaragua........................  Banana..............  Musa spp.
                                   Dasheen.............  Colocasia esculenta.

[[Page 16433]]

 
Panama...........................  Cucurbit............  Cucurbitaceae.
Peru.............................  Banana..............  Musa spp.
Spain............................  Cucurbit............  Cucurbitaceae.
                                   Lemon...............  Citrus limon.
Trinidad and Tobago..............  Cucurbit............  Cucurbitaceae.
Venezuela........................  Banana..............  Musa spp.
----------------------------------------------------------------------------------------------------------------

    We have determined that any quarantine pests that might be carried 
by any of the fruits and vegetables listed above would be readily 
detectable by an inspector. Therefore, the provisions of Sec.  319.56-6 
for inspection and disinfection at the U.S. port of first arrival 
appear adequate to prevent the introduction into the United States of 
quarantine pests by the importation of these fruits and vegetables.
    Paragraph (b) of Sec.  319.56-2t currently sets out any additional 
restrictions that may apply to a fruit or vegetable listed in the table 
in paragraph (a) of that section, such as a requirement for a 
phytosanitary certificate with an additional declaration or limitations 
on the origin or distribution of the article. In some cases, the entry 
we would add to Sec.  319.56-2t for a particular fruit or vegetable 
listed above would provide a broad common name such as ``citrus,'' but 
the permit for the article has been more specific, either naming 
particular varieties as enterable or excluding specific varieties. To 
account for this, we would add a new paragraph (b)(6) to Sec.  319.56-
2t in which we would set out any specific restrictions on the type or 
variety of an article listed in the table. These specific restrictions 
would be as follows:
     For cichorium from Belgium, Guatemala, and Mexico, 
paragraph (b)(6)(ii) would specify chicory (Cichorium intybus) and 
endive (C. endiva) only.
     For peppers from Belize and Mexico, paragraph (b)(6)(iii) 
would specify that rocoto pepper or chamburoto (Capsicum pubescens) is 
prohibited.
     For citrus from the Dominican Republic, paragraph 
(b)(6)(iv) would specify grapefruit (Citrus paradisi), lemon (C. 
limon), orange (C. sinensis), sour lime (C. aurantiifolia), and 
tangerine (C. reticulata) only.
     For lemons from Spain, paragraph (b)(6)(v) would specify 
smooth-skinned variety only.

Fruit From Fruit Fly-Free Areas

    We propose to amend Sec.  319.56-2t to allow the entry of the 
fruits and vegetables listed below, which are currently eligible for 
entry under permit, provided the shipments meet the criteria set forth 
in Sec.  319.56-6, were grown in an area recognized by APHIS as free of 
Mediterranean fruit fly (Medfly, Ceratitis capitata), and are 
accompanied by a phytosanitary certificate issued by the national plant 
protection organization (NPPO) in their country of origin. The proposed 
origin and phytosanitary certificate requirements for these fruits, 
which reflect the current permit conditions that apply to their 
importation, are necessary to assure us that the fruits originated in a 
Medfly-free area and were inspected and found free of plant pests.
    To address those cases where the fruits and vegetables listed below 
are grown outside a Medfly-free area in their respective countries of 
origin, we would also amend Sec.  319.56-2x to add these same fruits 
and vegetables to the list of fruits and vegetables that may be 
imported into the United States provided that they are treated in 
accordance with the Plant Protection and Quarantine (PPQ) Treatment 
Manual, which is incorporated by reference at 7 CFR 300.1, or 
irradiated in accordance with 7 CFR 305.2.

----------------------------------------------------------------------------------------------------------------
        Country of origin               Common name                           Botanical name
----------------------------------------------------------------------------------------------------------------
Argentina........................  Apple...............  Malus domestica.
                                   Apricot.............  Prunus americana.
                                   Cherry..............  Prunus avium, P. cerasus.
                                   Kiwi................  Actinidia deliciosa.
                                   Nectarine...........  Prunus persica var. nucipersica.
                                   Peach...............  Prunus persica var. persica.
                                   Pear................  Pyrus communis.
                                   Plum................  Prunus domestica subsp. domestica.
                                   Pomegranate.........  Punica granatum.
                                   Quince..............  Cydonia oblonga.
Chile............................  Apple...............  Malus domestica.
                                   Avocado.............  Persea americana.
                                   Cherry..............  Prunus avium, P. cerasus.
                                   Pear................  Pyrus communis.
----------------------------------------------------------------------------------------------------------------

Papayas and Pineapples

    We propose to add papayas and pineapples from various countries 
from which they are currently enterable under permit to the list in 
Sec.  319.56-2t, under the condition that cartons containing these 
fruits be stamped ``Not for distribution in Hawaii.'' Papayas are host 
to the papaya fruit fly, a plant pest not present in Hawaii. Shipments 
of papayas would be prohibited in order to prevent the introduction of 
this pest into Hawaii. Similarly, pineapples and other bromeliads are 
host to numerous plant pests and diseases (e.g., burrowing nematode, 
mealybug, root rot) that could pose a risk to the pineapple and 
bromeliad industries in Hawaii; therefore, we believe it is necessary 
to prohibit shipment of untreated pineapples into Hawaii in order to 
protect those industries. This proposed limitation on the distribution 
of these papayas and pineapples reflect the current permit conditions 
that apply to their importation.

[[Page 16434]]



----------------------------------------------------------------------------------------------------------------
           Country of origin                     Common name                        Botanical name
----------------------------------------------------------------------------------------------------------------
Dominican Republic.....................  Papaya....................  Carica papaya.
                                         Pineapple.................  Ananas comosus.
Ecuador................................  Pineapple.................  Ananas comosus.
Jamaica................................  Papaya....................  Carica papaya.
----------------------------------------------------------------------------------------------------------------

Papayas From Central America and Brazil

    The regulations in Sec.  319.56-2w provide that papayas from 
certain areas in Central America and Brazil may be imported into the 
United States if they are grown, treated, packed, labeled, and shipped 
according to certain specifications to prevent the introduction of 
fruit flies into the United States. Papayas from those areas listed in 
Sec.  319.56-2w(a) may be imported into the United States only if they 
meet a series of 10 conditions which we have determined to be 
sufficient to prevent the introduction of fruit flies into the United 
States. Those conditions can be found in paragraphs (b) through (k) of 
Sec.  319.56-2w. The papayas are also subject to inspection, 
disinfection, or both, at the port of first arrival in accordance with 
Sec.  319.56-6. The State of Espirito Santo in Brazil and the 
Departments of Carazo, Granada, Managua, Masaya, and Rivas in Nicaragua 
are among the eligible locations listed in Sec.  319.56-2w(a).
    We are now proposing to amend Sec.  319.56-2w(a) by adding two new 
areas of Brazil to the list of localities eligible to export papayas to 
the United States. Local exporters and Brazil's Ministry of Agriculture 
have agreed to meet the 10 conditions mentioned above with regard to 
papayas grown and exported from certain areas in the State of Bahia and 
the State of Rio Grande del Norte. Therefore, we propose to add 
portions of the States of Bahia and Rio Grande del Norte to the list in 
Sec.  319.56-2w(a)(1) of areas in Brazil approved to export papayas to 
the United States.
    We are also proposing to add the Department of Leon to the list of 
areas in Nicaragua approved to export papayas to the United States, 
since local exporters and Nicaragua's Ministry of Agriculture have 
agreed to meet the 10 conditions mentioned above with regard to papayas 
grown and exported from the Department of Leon. Therefore, we propose 
to add the Department of Leon to the list in Sec.  319.56-2w(a)(6) of 
areas in Nicaragua approved to export papayas to the United States.
    Finally, the regulations in Sec.  319.56-2w(c) currently state that 
the papayas must be treated with a hot water treatment consisting of 20 
minutes in water at 49 [deg]C (120.2 [deg]F). In response to a request 
by Brazil's Ministry of Agriculture, we are proposing to lower the 
required temperature of the hot water treatment from 49 [deg]C to 48 
[deg]C, which has been determined to be as effective and less damaging 
to the fruit.

Field-Grown Grapes

    The regulations in Sec.  319.56-2k provide procedures for the 
fumigation of shipments of field-grown grapes from certain of the 
continental countries of southern and middle Europe, North Africa, and 
the Near East. A list of countries included in these geographical areas 
is provided at Sec.  319.56-2k(a).
    We are proposing to update that list of countries by removing a 
reference to the ``Union of Soviet Socialist Republics'' and replacing 
it with references to the 15 successor States to the former Soviet 
Union. Those States are: Armenia, Azerbaijan, Belarus, Estonia, 
Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Republic of 
Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and 
Uzbekistan.

Irradiation Treatment

    The regulations in Sec.  319.56-2j contain requirements applicable 
to the importation into the United States of apples and pears from 
Australia (including Tasmania) and New Zealand. Footnote 4 in that 
section states that apples and pears from Australia (excluding 
Tasmania) where certain tropical fruit flies occur are also subject to 
the cold treatment requirements found at Sec.  319.56-2d.
    The regulations in Sec.  319.56-2v govern the importation into the 
United States of citrus from Australia. Paragraph (c) in that section 
states that citrus from areas in Australia where certain tropical fruit 
flies occur is also subject to the cold treatment requirements found in 
the PPQ Treatment Manual.
    However, the fruits listed above are also eligible for importation 
if they have been irradiated in accordance with 7 CFR part 305. The 
regulations in Sec.  319.56-2(k) provide that any fruit or vegetable 
that is required by the regulations or the PPQ Treatment Manual to be 
treated or subjected to other growing or inspection requirements to 
control one or more of the 11 species of fruit flies and one species of 
seed weevil listed in Sec.  305.2(a) as a condition of entry into the 
United States may instead be treated by irradiation in accordance with 
part 305. Elsewhere in the regulations, the irradiation option is 
specifically noted where applicable, but it is not mentioned in 
Sec. Sec.  319.56-2j or 319.56-2v. Therefore, we are proposing to amend 
those sections to explicitly cite the availability of the irradiation 
option.

Blueberries From South America

    Under the regulations in Sec.  319.56-2x, certain fruits and 
vegetables, including blueberries (Vaccinium spp.) from specified 
countries in South America (Argentina, Bolivia, Ecuador, and Peru), may 
currently be imported into the United States provided that they are (1) 
treated with methyl bromide in accordance with the PPQ Treatment Manual 
or (2) irradiated in accordance with 7 CFR 305.2.
    Blueberries from Argentina, Bolivia, Ecuador, and Peru are 
currently required to be treated in order to mitigate the risk of 
Medfly infestation. However, blueberries are not a host for Medfly in 
South America, and blueberries are not listed as a regulated article in 
our domestic Medfly regulations in 7 CFR 301.78-2. Therefore, we 
propose to amend the regulations to remove the treatment requirement 
for blueberries from South America in order to make our import 
requirements consistent with our domestic requirements. To accomplish 
this, we would remove the entries for blueberries from Argentina, 
Bolivia, Ecuador, and Peru from the table in Sec.  319.56-2x and add 
entries for blueberries from those countries to the table in Sec.  
319.56-2t, which lists fruits and vegetables that may be imported in 
accordance with Sec.  319.56-6 and all other applicable requirements of 
the regulations, but do not require treatment as a condition of entry. 
As a result of this proposed change, blueberries from Argentina, 
Bolivia, Ecuador, and Peru would no longer have to be fumigated with 
methyl bromide or irradiated to be eligible for importation into the 
United States.
    We are also proposing to amend Sec.  319.56-2t by adding an entry 
for blueberries from Colombia. Unlike the blueberries from Argentina, 
Bolivia, Ecuador, and Peru discussed in the previous paragraph, 
blueberries from

[[Page 16435]]

Colombia have not previously been eligible for entry. However, we have 
prepared a pest risk assessment, which may be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT, that concludes that there 
are no quarantine pests associated with blueberries from Colombia that 
are likely to follow the import pathway. Therefore, we are proposing to 
add blueberries from Colombia to the list of fruits and vegetables that 
may be imported into the United States in accordance with Sec.  319.56-
6 and all other applicable requirements of the regulations.

Fruit Fly-Free Areas in Argentina

    The regulations in Sec.  319.56-2(j) list areas in South and 
Central America that APHIS has determined meet the criteria in Sec.  
319.56-2(e) and (f) with regard to freedom from Medfly. Argentina 
recently provided APHIS with fruit fly survey data that demonstrate 
that certain areas in southern Argentina meet the criteria of Sec.  
319.56-2(f) for area freedom from Medfly and other fruit flies. (The 
survey data are available upon request from the person listed under FOR 
FURTHER INFORMATION CONTACT.) Following site visits by APHIS officials, 
we have successfully verified this area's status as a fruit fly free 
zone.
    Therefore, we propose to amend paragraph (j) to state that the 
Patagonia region of Argentina is free of those pests. The Patagonia 
region includes those areas along the valleys of the Rio Colorado and 
Rio Negro rivers and includes the provinces of Neuquen, Rio Negro, 
Chubut, Santa Cruz, and Tierra del Fuego.

Movement of Fruit From Pest-Free Areas

    We are proposing to amend Sec.  319.56-2(g), which currently 
specifies the requirements for the marking of boxes of fruits or 
vegetables produced in an area that has been determined to be free of 
certain pests in accordance with paragraphs (e)(3) or (4) and (f) of 
that section. While those paragraphs contain criteria for establishing 
the freedom of a production area from certain pests, they do not 
address the pest status of other areas through which the fruits or 
vegetables produced there may move en route to the United States. In 
order to protect the fruits or vegetables from potential infestation 
during its movement from the pest-free area to the United States, we 
are proposing to amend paragraph (g) to require that each box of fruits 
or vegetables from areas determined to be free of quarantine pests be 
safeguarded from infestation while in transit to the United States 
through other areas that have not been designated free of those pests.

Grapefruit, Sweet Oranges, and Tangerines From Mexico

    We propose to allow grapefruit (Citrus paradisi), sweet oranges 
(Citrus sinensis), and tangerines (Citrus reticulata) from areas of 
Mexico where certain fruit flies occur to be imported into the United 
States without treatment under certain conditions, which would be set 
forth in a new Sec.  319.56-2nn.
    Grapefruit, sweet oranges, and tangerines from Mexico are currently 
eligible for importation into the United States provided that shipments 
of fruit are treated for Mexican fruit fly (Anastrepha ludens) and 
other Anastrepha spp. fruit flies with a treatment approved by APHIS, 
or that the shipments originate in an area of Mexico that has been 
determined to be free of Mexican fruit fly and other Anastrepha spp. 
fruit flies.
    The Government of Mexico has requested that we allow untreated 
grapefruit, sweet oranges, and tangerines to be imported and processed 
(i.e., juiced) in areas in the State of Texas that are under quarantine 
for Mexican fruit fly and that are under an APHIS-approved preventative 
release program using sterile insect technique for Mexican fruit fly. 
We considered Mexico's request and believe that untreated grapefruit, 
sweet oranges, and tangerines can be safely imported, provided they are 
grown, shipped, handled, and processed under certain conditions, which 
are described below.
    Sterile insect technique. Under this proposed rule, the areas where 
imported grapefruit, sweet oranges, and tangerines are grown and 
surrounding 1.5 mile buffer areas must be administered under an APHIS-
approved preventative release program using sterile insect technique 
for the Mexican fruit fly. This condition mirrors requirements on 
production areas under quarantine in the State of Texas for Mexican 
fruit fly, and is intended to ensure that there is a low prevalence of 
reproducing Mexican fruit flies in production sites.
    Fruit fly trapping protocol. In order to assess the prevalence of 
fruit flies in production areas, surveillance for fruit flies would be 
required as follows:
     For Mexican fruit fly and Sapote fruit fly (Anastrepha 
serpentina), APHIS-approved traps and lures must be placed in 
production sites and surrounding 1.5 mile buffer areas at a rate of 1 
trap per 10 hectares.
     For Medfly, APHIS-approved traps and lures must be placed 
in production sites and surrounding 1.5 mile buffer areas at a rate of 
1 to 4 traps per 250 hectares.
    We would require that, upon trapping of a Mexican fruit fly, Sapote 
fruit fly, or Medfly in a production site or buffer area, exports to 
the United States from that production site would be prohibited until 
the Administrator determines that the phytosanitary measures taken have 
been effective to allow the resumption of exports from that production 
site. Such measures may include increased trapping densities, pesticide 
applications, or other measures. This proposed requirement is necessary 
to ensure that imported untreated citrus originates from areas where 
there is a low prevalence of Mexican fruit fly, and which is free of 
Sapote fruit fly and Medfly, as is the case in the areas in Texas into 
which fruit would be allowed importation for processing.
    In order to ensure the reliability of the trapping programs, the 
growers who would conduct the trapping would be required to be 
monitored under an APHIS-approved quality control program.
    Safeguarding and certification. We would also require that fruit be 
safeguarded against fruit fly infestation from the time of harvest 
until its processing in the United States. This proposed requirement is 
necessary to preclude the infestation of picked fruit by plant pests, 
as well as the escape of such pests from fruit and their containers, 
and subsequent dissemination into the United States. Safeguarding could 
include packing the fruit in insect-proof cartons or containers, or 
covering fruit with insect-proof mesh or plastic tarpaulin, for transit 
to the United States from the production site. The specific methods 
employed to safeguard fruit would have to be approved by APHIS prior to 
the importation of fruit into the United States. In addition, each 
shipment of fruit would be required to be accompanied by a 
phytosanitary certificate issued by Mexico's NPPO. The certificate 
would have to contain additional declarations stating that the trapping 
requirements described above have been met.
    Ports, route of transit, and destinations. We would require that 
harvested fruit enter the United States only through a port of entry 
located in one of the Texas counties listed in Sec.  301.64-3(c) in 
order to protect against the spread of fruit flies to noninfested areas 
of the United States. To protect against further introductions of fruit 
flies into the United States, harvested fruit could only travel on the 
most direct route to the processing plant from

[[Page 16436]]

its point of entry into the United States, as specified in the permit 
issued for the importation of the fruit. Furthermore, fruit could only 
be processed at plants located within an area in Texas that is under an 
APHIS approved preventative release program using sterile insect 
technique for Mexican fruit fly.
    Compliance agreements. In order to ensure compliance with the 
proposed regulations and protection against the introduction of fruit 
flies into the United States, we would require processing plants within 
the United States to enter into a compliance agreement with APHIS in 
order to handle untreated grapefruit, sweet oranges, and tangerines 
from Mexico. APHIS would only enter into compliance agreements with 
facilities that handle and process grapefruit, sweet oranges, and 
tangerines from Mexico in such a way as to eliminate any risk that 
exotic fruit flies could be disseminated into the United States, as 
determined by APHIS.

Definitions

    We propose to amend Sec.  319.56-1 by adding, removing, or 
modifying several definitions. First, for consistency with our other 
regulations in title 7, we would remove the definition of Deputy 
Administrator and replace it with a definition of Administrator. We 
would make a similar change throughout the text of the regulations, 
replacing references to the Deputy Administrator with references to the 
Administrator. We would also add a definition of APHIS to Sec.  319.56-
1.
    We would remove the definition of plants or portions of plants and 
replace it with a definition of plant debris. This change would 
differentiate detached leaves from approved parts of plants, resulting 
in lessened restrictions on low-risk articles and facilitating the 
inspection process by clarifying our definition of allowable materials. 
It is necessary to specify ``detached leaves'' since attached leaves 
may qualify as approved parts of some fruits and vegetables. In 
connection with this proposed change in definitions, we would amend 
Sec.  319.56-2(a) by replacing a reference to ``plants or portions of 
plants'' with the term ``plant debris.''
    We would replace the definition of fresh fruits and vegetables with 
a definition of fruits and vegetables in order to achieve equivalence 
with the definition listed in International Plant Protection 
Convention's ``Glossary of Phytosanitary Terms.''
    We would amend the definitions for cucurbits, inspector, and port 
of first arrival because the current definitions are too specific, thus 
affecting their usefulness for the purposes of our regulations. The 
current definition of cucurbits lists specific genera or species within 
the family Cucurbitaceae, while our proposed definition would simply 
refer to any plants in the family Cucurbitaceae. The current definition 
of inspector refers only to APHIS inspectors, while our proposed 
definition would reflect the transfer of some inspection functions to 
the Department of Homeland Security's Bureau of Customs and Border 
Protection. The current definition of port of first arrival refers to 
``the first port within the United States where the shipment is (1) 
offered for consumption entry or (2) offered for entry for immediate 
transportation in bond,'' while our proposed definition would simply 
refer to the first point in the United States where a consignment is 
offered for entry.
    Finally, we would add definitions of import and importation and 
United States. Our proposed definitions of these terms are drawn from 
the Plant Protection Act and would serve to enhance the clarity of the 
regulations.

Treatments

    The regulations in Sec. Sec.  319.56-2k, 319.56-2m, and 319.56-2n 
contain specific treatment schedules for the fumigation of grapes from 
middle Europe, North Africa, and the Near East, various fruits from 
Chile, and certain fruits from other countries, respectively. However, 
in each case, those same treatment schedules are also listed in the PPQ 
Treatment Manual, which is incorporated by reference at 7 CFR 300.1. 
Therefore, to eliminate the duplicative presentation of these treatment 
schedules, we are proposing to remove the specific treatment schedules 
currently found in Sec. Sec.  319.56-2k(d), 319.56-2m(b), and 319.56-
2n(b) and replace them with references to the PPQ Treatment Manual.

Notice of Quarantine

    In Sec.  319.56, ``Notice of quarantine,'' paragraph (d) states 
``This section leaves in full effect all special quarantines and other 
orders now in force restricting the entry into the United States of 
fruits and vegetables with the exception of Quarantine No. 49, with 
regulations, on account of the citrus black fly, which is replaced by 
this section.'' Currently, the only remaining ``special quarantine or 
other order'' relevant to the importation of fruits and vegetables is 
``Subpart-Citrus Fruit'' (Sec.  319.28), and the introductory text of 
that subpart clearly indicates that the importation of fruits of citrus 
and citrus relatives, other than those specified in the subpart, is 
restricted under the fruits and vegetables regulations. Further, 
paragraph (e) of Sec.  319.28 provides that the importations allowed in 
paragraphs (b), (c), and (d) of the subpart are subject to the permit 
and other requirements of the fruits and vegetables regulations. Given 
those clear links between the citrus subpart and the fruits and 
vegetables subpart, and given that there are no longer any other 
``special quarantines or other orders'' relevant to the importation of 
fruits and vegetables in force, we believe that paragraph (d) of Sec.  
319.56 is no longer necessary. Therefore, we propose to remove that 
paragraph from the regulations.
    We are also proposing to remove paragraph (e) from Sec.  319.56. 
That paragraph consists of a definition of the term ``United States.'' 
Since we are proposing to add a definition of ``United States'' to the 
subpart's definitions section (Sec.  319.56-1), paragraph Sec.  
319.56(e) is no longer necessary.

Changes in Terminology

    We propose to amend the list in Sec.  319.56-2x of commodities 
enterable subject to treatment by changing the common name for Opuntia 
spp. Currently, that species is listed as enterable from Israel under 
the common name ``cactus,'' but that common name is too broad. The 
regulated plant part is the fruit, which has the common name ``tuna.'' 
Therefore, in order to improve the accuracy of the regulations, we 
would replace the term ``cactus'' in the table with the term ``tuna.''
    We also propose to amend the regulations in Sec.  319.56-2v, 
``Conditions governing the entry of citrus from Australia,'' in order 
to update the scientific name for the Queensland fruit fly. Currently, 
this fruit fly is listed as Dacus tryoni [Frogg], but is referred to 
elsewhere in our regulations as Bactrocera tryoni. Therefore, to make 
our regulations internally consistent, we would replace the scientific 
name ``Dacus tryoni'' with ``Bactrocera tryoni'' both times it occurs 
in Sec.  319.56-2v.

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 
economic effects of this proposed rule on small entities. Based on the 
information we have, there

[[Page 16437]]

is no reason to conclude that adoption of this proposed rule would 
result in any significant economic effect on a substantial number of 
small entities. However, we do not currently have all of the data 
necessary for a comprehensive analysis of the effects of this proposed 
rule on small entities that may incur benefits or costs from the 
implementation of this proposed rule.
    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to regulate the importation of plants, 
plant products, and other articles to prevent the introduction of plant 
pests into the United States or the dissemination of plant pests within 
the United States.
    We are proposing to amend the fruits and vegetables regulations to 
list a number of fruits and vegetables from certain parts of the world 
as eligible, under specified conditions, for importation into the 
United States. Many of these fruits and vegetables are already eligible 
for importation under permit, but are not specifically listed in the 
regulations. All of the fruits and vegetables, as a condition of entry, 
would be inspected and subject to treatment at the port of first 
arrival as may be required by an inspector. In addition, some of the 
fruits and vegetables would be required to be treated or meet other 
special conditions. We also propose to recognize areas in several 
countries as free from certain fruit flies; provide for the importation 
of untreated citrus from Mexico for processing under certain 
conditions; add, modify, or remove certain definitions; eliminate or 
modify existing treatment requirements for specified commodities; and 
make other miscellaneous changes. These actions would improve the 
transparency of our regulations while continuing to protect against the 
introduction of quarantine pests through imported fruits and 
vegetables.

Impact on Small Entities

    The Regulatory Flexibility Act requires agencies to consider the 
economic impact of their regulations on small entities and to use 
flexibility to provide regulatory relief when regulations create 
economic disparities between differently sized entities. Data on the 
number and size of U.S. producers of the various commodities proposed 
for importation into the United States in this document are not 
available. However, since most fruit and vegetable farms are small by 
Small Business Administration standards, it is likely that the majority 
of U.S. farms producing the commodities listed below are small.
    As previously stated, many of the commodities listed in this 
document may currently enter the United States under permit. Therefore, 
we do not expect the amount of commodities submitted for importation to 
increase beyond current levels. Additionally, in many cases, 
importation of certain commodities is necessary given that the 
commodities are not grown extensively in the United States (e.g., 
bananas, breadfruits, cassavas, chicory, dasheens, genip, kiwis, 
papayas, pineapples, jicama, and tomatillos). In other instances, 
importation augments domestic supplies that are not sufficient to meet 
consumer demand (e.g., apples, blackberries, blueberries, carrots, 
cherries, cucumbers, garlic, onions, pears, raspberries, and 
strawberries).

Papayas From Brazil and Central America

    We are proposing to list two additional growing areas in Brazil 
(the States of Bahia and Rio Grande del Norte) and one additional area 
in Nicaragua (the Department of Leon) as eligible to export papayas 
into the United States. Brazil is currently eligible to export papayas 
into the United States from the State of Espirito Santo. Nicaragua is 
currently eligible to export papayas into the United States from the 
Departments of Carazo, Granada, Managua, Masaya, and Rivas.
    Papaya production levels in the United States are small, with a 
majority of papaya production occurring in Florida. Between 2000 and 
2003, Brazil represented, on average, 9 percent of the total U.S. 
imports of papayas. The addition of two more Brazilian States to the 
list of areas eligible for export is expected to increase the Brazilian 
share in the U.S. market for imported papayas. Brazil is a major 
producer of papayas, however only 1.6 percent of its production is 
exported. The rest is reserved for domestic consumption.
    The United States imports four times the amount of papayas produced 
domestically, while, as stated previously, the amount of Brazilian 
papayas imported into the United States accounts for, on average, 9 
percent of the total U.S. imports of papayas. Even if Brazil greatly 
increases its exports to the United States, it is more likely to 
displace other countries' shares of total U.S. imports than to affect 
the overall level of U.S. consumption. The economic impact resulting 
from this change is not expected to be substantial.
    There is no official production data available for papayas produced 
in Nicaragua. However, the existing trade data show that Nicaragua has 
historically exported papayas very sporadically. For example, between 
1997 and 2001, Nicaragua did not export any papayas. In 2002, 203 
metric tons were exported to the world; the following year, 18 metric 
tons were exported. Nicaragua did not export any papayas to the United 
States over that time period despite the fact that there are five 
approved exporting regions in Nicaragua. Therefore, the addition of one 
more eligible exporting area to the list should not have any 
substantial impact on the U.S. papaya market.

Fruit Fly Free Areas

    We are proposing to allow fruits to be imported into the United 
States from a new Medfly-free area in Argentina. We have determined 
that the Patagonia region of Argentina is free of those pests. The 
Patagonia region includes those areas along the valleys of the Rio 
Colorado and Rio Negro rivers and includes the provinces of Neuquen, 
Rio Negro, Chubut, Santa Cruz, and Tierra del Fuego.
    Fruits from Argentina (apple, apricot, cherry, kiwi, nectarine, 
peach, pear, plum, pomegranate, and quince) are already admissible into 
the United States under permit from Argentina. The creation of a 
Medfly-free area would lessen certain treatment requirements, thus 
lowering the cost for exporters. This may, in turn, result in a lower 
cost for consumers. Further, as a country in the Southern Hemisphere, 
Argentina's growing seasons are the opposite of those in the United 
States. An increased supply of Argentine fruit supplements the U.S. 
winter fruit market. However, we do not anticipate that this 
potentially increased supply will be large enough to have any 
substantial impact on small entities.

Citrus From Mexico

    We are proposing to allow grapefruit (Citrus paradisi), sweet 
oranges (Citrus sinensis), and tangerines (Citrus reticulata) from 
areas of Mexico where certain fruit flies occur to be imported into the 
United States without treatment under certain conditions as long as the 
citrus remains in areas of the United States where the same fruit flies 
occur and the fruit is intended for processing only.
    This change in the regulations would positively affect U.S. citrus 
processing plants. These businesses and their surrounding areas are 
expected to benefit. In addition, there should be added work for the 
U.S. trucking industry as a result of the loading of the fruit 
containers at the U.S./Mexico border and transport and unloading the 
containers at the processing plants. However, the exact amount of 
financial

[[Page 16438]]

gain and the extent of the expected economic impact would depend upon 
the volume of citrus fruits that entered the United States for 
processing.
    Between 2000 and 2002, the United States produced an average of 15 
million metric tons of citrus fruits annually. During that same period, 
Mexico produced an average of 4.9 million metric tons of citrus fruits 
annually. Mexican consumers greatly favor fresh citrus over processed 
citrus, thus the majority of Mexican citrus produced is consumed 
domestically with around 6 percent of average annual production serving 
as exports. Therefore, given the relatively small amount of Mexican 
production when compared to U.S. production levels, coupled with the 
small percentage of exported Mexican citrus, the economic impact due to 
this proposed change would be expected to be small.

Blueberries From Colombia

    We are proposing to allow for the importation of blueberries from 
Colombia into the United States. Colombian blueberries have not been 
previously imported into the United States. Further, there is no 
official data concerning blueberry production in Colombia. The country 
has never exported blueberries on a commercial level. For these 
reasons, we cannot determine the what the economic effects of this 
proposal would be, but they are not expected to be significant.

Blueberries From South America

    We are proposing to eliminate the methyl bromide treatment 
requirement for blueberries from certain countries in South America 
(Argentina, Bolivia, Ecuador, and Peru). These fruits are currently 
allowed entry into the United States subsequent to treatment.
    Between 2000 and 2002, the United States produced an average of 
123,801 metric tons of blueberries annually and has imported an average 
of 20,025 metric tons. During this same time period Argentina supplied 
3 percent of the total U.S. blueberry imports (253 metric tons). The 
United States has not historically imported any blueberries from 
Bolivia, Ecuador, or Peru, nor are there any data on production or 
commercial export of blueberries from those countries.
    Even if Argentina greatly increases its level of blueberry exports 
to the United States, it is more likely to displace other foreign 
blueberry suppliers (e.g., Chile, which supplies an average of 30 
percent of all U.S. imported blueberries) than to change the overall 
level of U.S. imports of blueberries, which has remained at around 16 
percent over the last 3 years.
    There is no reason to expect any significant amount of economic 
impact on U.S. consumers or producers of blueberries due to this 
proposed change.
    This proposed rule contains certain reporting and recordkeeping 
requirements (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This proposed rule would allow certain fruits and vegetables to be 
imported into the United States from certain parts of the world. If 
this proposed rule is adopted, State and local laws and regulations 
regarding the importation of fruits and vegetables 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. 03-048-1. 
Please send a copy of your comments to: (1) Docket No. 03-048-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue, 
SW., Washington, DC 20250. A comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication of 
this proposed rule.
    In this document, we are proposing to allow a number of fruits and 
vegetables from certain countries of the world to be imported into the 
United States, under specified conditions. Before entering the United 
States, all of the fruits and vegetables would be subject to inspection 
and disinfection at the port of first arrival in the United States to 
ensure that no plant pests are inadvertently brought into the United 
States. These precautions, along with other requirements, would ensure 
that these items can be imported into the United States with a minimal 
risk of introducing exotic plant pests such as fruit flies.
    Allowing these fruits and vegetables to be imported would 
necessitate the use of certain information collection activities, 
including the completion of import permits, phytosanitary certificates, 
and fruit fly monitoring records.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will 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 4.4 hours per response.
    Respondents: Growers, shippers, national plant protection 
organizations.
    Estimated annual number of respondents: 1.
    Estimated annual number of responses per respondent: 5.
    Estimated annual number of responses: 5.
    Estimated total annual burden on respondents: 22 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government

[[Page 16439]]

Paperwork Elimination Act (GPEA), which requires Government agencies in 
general to provide the public the option of submitting information or 
transacting business electronically to the maximum extent possible. For 
information pertinent to GPEA compliance related to this proposed rule, 
please contact Mrs. Celeste Sickles, APHIS' Information Collection 
Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7 
CFR 2.22, 2.80, and 371.3.


Sec.  319.56  [Amended]

    2. Section 319.56 would be amended as follows:
    a. In paragraph (c), by removing the words ``Deputy Administrator 
of the Plant Protection and Quarantine Programs'' and adding the word 
``Administrator'' in their place.
    b. By removing paragraphs (d) and (e).
    3. Section 319.56-1 would be amended as follows:
    a. By removing the definitions for Deputy Administrator, fresh 
fruits and vegetables, and plants or portions of plants.
    b. By adding, in alphabetical order, new definitions for 
Administrator, APHIS, fruits and vegetables, import and importation, 
plant debris and United States to read as set forth below.
    c. By revising the definitions for cucurbits, inspector, and port 
of first arrival to read as set forth below.


Sec.  319.56-1  Definitions.

* * * * *
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
employee of the United States Department of Agriculture delegated to 
act in his or her stead.
    APHIS. The Animal and Plant Health Inspection Service, United 
States Department of Agriculture.
* * * * *
    Cucurbits. Any plants in the family Cucurbitaceae.
* * * * *
    Fruits and vegetables. A commodity class for fresh parts of plants 
intended for consumption or processing and not for planting.
* * * * *
    Import and importation. To move into, or the act of movement into, 
the territorial limits of the United States.
    Inspector. Any individual authorized by the Administrator of APHIS 
or the Commissioner of the Bureau of Customs and Border Protection, 
Department of Homeland Security, to enforce the regulations in this 
subpart.
* * * * *
    Plant debris. Detached leaves, twigs, or other portions of plants, 
or plant litter or rubbish as distinguished from approved parts of 
clean fruits and vegetables, or other commercial articles.
    Port of first arrival. The first point of entry into the United 
States where the consignment is offered for entry.
* * * * *
    United States. All of the States of the United States, the 
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, and any other territory or possession of the United States.
    4. Section 319.56-2 would be amended as follows:
    a. In paragraph (a), by removing the words ``plants or portions of 
plants'' and adding the words ``plant debris'' in their place.
    b. By revising paragraph (g) to read as set forth below.
    c. By revising paragraph (j) to read as set forth below.


Sec.  319.56-2  Restrictions on entry of fruits and vegetables.

* * * * *
    (g) Each box of fruit or vegetables imported into the United States 
in accordance with paragraphs (e) or (f) of this section must be 
safeguarded from infestation while in transit to the United States 
through any area that has not been designated as free from quarantine 
pests that attack the fruit or vegetable. Each box of fruit or 
vegetables imported into the United States in accordance with 
paragraphs (e)(3) or (4) and (f) of this section must be clearly 
labeled with:
    (1) The name of the orchard or grove of origin, or the name of the 
grower, and
    (2) The name of the municipality and State in which it was 
produced, and
    (3) The type and amount of fruit it contains.
* * * * *
    (j) The Administrator has determined that all Districts in Belize, 
all provinces in Chile except Arica, and the Department of Pet[eacute]n 
in Guatamala meet the criteria of paragraphs (e) and (f) of this 
section with regard to the insect pest Mediterranean fruit fly (Medfly) 
(Ceratitis capitata [Wiedemann]). Also, the Patagonia region of 
Argentina, including those areas along the valleys of the Rio Colorado 
and Rio Negro rivers and also including the provinces of Neuquen, Rio 
Negro, Chubut, Santa Cruz, and Tierra del Fuego, has been determined to 
meet the criteria of paragraphs (e) and (f) of this section with regard 
to Medfly and Anastrepha spp. fruit flies. Fruits and vegetables 
otherwise eligible for importation under this subpart may be imported 
from these areas without treatment for the specified pests.
* * * * *


Sec.  319.56-2c  [Amended]

    5. In Sec.  319.56-2c paragraphs (b) and (e) would be amended by 
removing the words ``Deputy Administrator of the Plant Protection and 
Quarantine Programs'' and adding the word ``Administrator'' in their 
place.


Sec.  319.56-2d  [Amended]

    6. Section 319.56-2d would be amended as follows:
    a. In paragraphs (b)(5)(v)(F), (b)(5)(vi)(G), and (b)(5)(vii)(K), 
by removing the word ``Deputy''.
    b. In paragraphs (b)(7)(i) and (c), by removing the words ``Deputy 
Administrator of the Plant Protection and Quarantine Programs'' and 
adding the word ``Administrator'' in their place.


Sec.  319.56-2g  [Amended]

    7. In Sec.  319.56-2g, the introductory text of paragraph (b)(1) 
would be amended by removing the words ``Deputy Administrator of the 
Plant Protection and Quarantine Programs'' and adding the word 
``Administrator'' in their place.
    8. In Sec.  319.56-2j, footnote 4 would be revised to read as 
follows:


Sec.  319.56-2j  Conditions governing the entry of apples and pears 
from Australia (including Tasmania) and New Zealand.4

    4 Apples and pears from Australia (excluding 
Tasmania) where certain tropical fruit flies occur are also subject 
to the irradiation requirements of Sec.  305.2 or the cold treatment 
requirements of Sec.  319.56-2d.
* * * * *
    9. Section 319.56-2k would be amended as follows:
    a. By revising the introductory text of the section to read as set 
forth below.
    b. By revising paragraph (a) to read as set forth below.
    c. In paragraph (d), by removing the words ``the following 
fumigation

[[Page 16440]]

schedule:'' and adding the words ``the Plant Protection and Quarantine 
Treatment Manual.'' in their place, and by removing the subsequent 
table.
    d. In paragraph (g), by removing the words ``The treatment 
prescribed in paragraph (d) of this section is'' and adding the words 
``The treatments prescribed in the Plant Protection and Quarantine 
Treatment Manual are'' in their place.


Sec.  319.56-2k  Administrative instructions prescribing method of 
fumigation of field-grown grapes from specified countries.

    Approved fumigation with methyl bromide at normal atmospheric 
pressure, in accordance with the Plant Protection and Quarantine 
Treatment Manual (which is incorporated by reference at Sec.  300.1 of 
this chapter), is hereby prescribed as a condition of entry under 
permit for all shipments of field-grown grapes from the continental 
countries of Asia, Europe, North Africa, and the Near East listed in 
paragraph (a) of this section. This fumigation shall be in addition to 
other conditions of entry for field-grown grapes from the areas named.
    (a) Continental countries of Asia, Europe, North Africa, and the 
Near East. The term ``continental countries of Asia, Europe, North 
Africa, and the Near East'' means Algeria, Armenia, Austria, 
Azerbaijan,