Importation of Fruits and Vegetables, 75649-75659 [E6-21496]
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75649
Rules and Regulations
Federal Register
Vol. 71, No. 242
Monday, December 18, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
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REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. 03–086–3]
RIN 0579–AC23
Importation of Fruits and Vegetables
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
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AGENCY:
SUMMARY: We are amending 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. Some of the 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, will 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 will be required to meet
other special conditions. In one case, we
are adding a systems approach that will
provide an alternative to methyl
bromide fumigation. These actions will
provide the United States with
additional types and sources of fruits
and vegetables while continuing to
protect against the introduction of
quarantine pests through imported fruits
and vegetables.
EFFECTIVE DATE: December 18, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Donna L. West, Senior Import
Specialist, Commodity Import Analysis
and Operations, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD
20737–1231; (301) 734–8758.
SUPPLEMENTARY INFORMATION:
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Background
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.
On December 22, 2005, we published
in the Federal Register (70 FR 75967–
75981, Docket No. 03–086–1) a
proposal 1 to amend the regulations by
listing a number of fruits and vegetables
from certain parts of the world as
eligible, under specified conditions, for
importation into the United States. We
solicited comments on the proposed
rule for 60 days ending on February 21,
2006.
On March 3, 2006, we published in
the Federal Register (71 FR 10924,
Docket No. 03–086–2) a notice in which
we reopened the comment period for
our proposed rule until March 10, 2006.
We received 11 comments by that date.
The comments were from
representatives of State and foreign
governments, industry organizations,
importers and exporters, distributors,
farmers, and individuals. Seven of these
commenters wrote to support the
proposed provisions regarding citrus
from New Zealand, and another
commenter wrote to support the
proposed provisions regarding the
importation of tomatoes from Chile. The
remaining commenters raised specific
issues which are discussed below.
General Comments
In our proposal, we stated that citrus
fruit from the Bahamas would be
allowed importation into the United
States provided that each shipment was
accompanied by a phytosanitary
certificate stating that the fruit
originated from an area of the Bahamas
that is free from citrus canker disease,
Xanthomonas citri (Hasse) Dowson. We
also stated that the island of Abaco is
the only island in the Bahamas where
citrus canker is known to exist. One
1 To view the proposed rule and comments we
received, go to https://www.regulations.gov, click on
the ‘‘Advanced Search’’ tab, and select ‘‘Docket
Search.’’ In the Docket ID field, enter APHIS–2005–
0107, then click on ‘‘Submit.’’ Clicking on the
Docket ID link in the search results page will
produce a list of all documents in the docket.
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commenter stated that the existence of
citrus canker should be based on
periodic and systematic surveys and the
importation of citrus fruit from the
Bahamas ultimately should meet the
same standards developed by the U.S.
Department of Agriculture for the
movement of domestic fruit from
Florida.
The Bahamas is currently conducting
ongoing surveillance for citrus canker
and there have been no other reports of
the disease. With regard to requiring
Bahamian citrus to meet the same
standards as domestic fruit moved from
Florida, we presume the commenter is
referring to the restrictions on the
interstate movement of citrus from areas
quarantined for citrus canker. The
current domestic citrus canker
regulations in 7 CFR part 301 allow fruit
from citrus canker quarantined areas in
Florida to move interstate provided they
are not destined for a commercial citrusproducing area. This rule will allow
citrus from the Bahamas to enter the
United States only if it is grown in an
area where citrus canker does not exist.
Under those circumstances, we believe
it is unnecessary to limit the movement
of Bahamian citrus fruit to non-citrusproducing States.
In our proposal, we proposed to
amend § 319.56–2t by removing the
common names provided for Cichorium
spp. articles (e.g., endive, chicory, and
radicchio) from several Central and
South American countries and replacing
those common name entries with the
more general term ‘‘cichorium.’’ This
was proposed in order to make our
regulations more clear and consistent
and to allow additional varieties of
Cichorium entry from those countries.
In our proposed regulatory text, we
listed leaves, stems, and roots as the
enterable plant parts for cichorium from
the listed Central and South American
countries. One commenter stated that
chicory root poses different pest
problems than stems and leaves and
should be addressed separately.
As stated in the proposed rule, we
prepared a pest risk assessment which
examined the risks posed by roots,
stems, and leaves of all Cichorium spp.
from Central America and South
America and found that no pests would
follow the pathway. Therefore, we
believe that the general requirements
listed in § 319.56–6 are adequate for
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roots, stems, and leaves of Cichorium
spp.
We proposed to list eggplant from
Belize, Costa Rica, and Honduras in
§ 319.56–2t as eligible for importation
into the United States, but only in
commercial shipments. One commenter
stated that the distinction we drew
between commercial and
noncommercial shipments is not clear
and that the distinguishing
characteristics mentioned in the
proposed rule (i.e., quantity of product,
type of packaging, identification of
grower and packinghouse, and
consigning documents) are not enough
to discourage determined shippers of
substandard products. The commenter
was concerned that distinguishing
between commercial and
noncommercial shipments would not
offer any broad ranging pest protection
to the United States.
In addition to the distinction that we
drew between noncommercial and
commercial shipments in the proposed
rule, noncommercial shipments can also
refer to articles carried in passenger
baggage, while commercial shipments
refer to commodities that are imported
under the condition that specific
phytosanitary measures were applied.
We continue to believe, based on the
considerations discussed in the
proposed rule, that noncommercial
shipments pose a greater risk of pest
introduction because they were not
subject to the same mitigation measures
as commercial shipments and that the
criteria we apply in distinguishing
between commercial and
noncommercial shipments are effective.
One commenter was concerned that
allowing pineapples and apples from
South Africa to be imported without
treatment into the United States could
result in the introduction of the oriental
red mite (Eutetranychus orientalis). The
commenter stated that oriental red mite
occurs in South Africa and is a serious
pest on more than 180 plants, both
crops and ornamentals, many of which
are grown in Florida.
While oriental red mite occurs in
South Africa, our research indicates that
neither pineapples nor apples are a
preferred host of that pest. If the
commenter has additional research that
is contrary to this assertion, we invite
him to submit it. Further, pineapples
and apples have both been authorized
for importation into the United States
from South Africa for several years, so
they were not being proposed for entry
for the first time. With regard to
pineapples, the regulations have
indicated that pineapples from South
Africa are approved for entry into all
States, but our risk analysis only
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evaluated the risks of allowing
pineapple entry into the continental
United States. As explained in our
proposal, we intended to correct that
oversight by amending § 319.56–2t to
limit their distribution to the
continental United States. With regard
to apples, we have been allowing apples
from South Africa entry under permit
with a prescribed treatment, and we
were simply proposing to add them to
§ 319.56–2x to improve the transparency
of our regulations.
Leeks From Canada
One commenter stated that the
proposed import restrictions for leeks
from Canada should apply only to
Quebec and Ontario, because they are
the only two Provinces where the leek
moth is known to exist.
We would be willing to consider
limiting the applicability of our import
restrictions if the Canadian Food
Inspection Agency submits to APHIS,
field surveys or other documentation
that demonstrates that Quebec and
Ontario are the only areas within
Canada where the leek moth exists and
describes the measures that are being
used to prevent the spread of the pest
within Canada.
One commenter stated that
ornamental Allium represent a
negligible host for the leek moth and
should not be subject to the proposed
mitigation measures.
Ornamental Allium products are not
covered under the fruits and vegetables
regulations and therefore would not be
subject to the mitigation measures in
this rule.
One commenter stated that some
Allium products are being produced in
Mexico, imported into Canada, and then
re-exported to the United States. The
commenter stated that those products of
non-Canadian origin should not be
impacted by the new regulations.
It would be difficult to determine if a
commodity had originated in Mexico if
it is re-exported from Canada because it
would be unlikely that the original
packaging would be preserved. Further,
it would be difficult to ensure and verify
that there was no commingling between
Allium spp. of Canadian and Mexican
origin. If the packaging of Allium
products from Mexico (or another
country eligible to export such products
to the United States) remains intact and
the shipment is accompanied by a reexport certificate, then we would not
require a phytosanitary certificate for
the shipment. Under any other
circumstances, Allium spp. whole
plants or above ground parts imported
in the United States from Canada will be
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subject to the restrictions set forth in
this final rule.
One commenter stated that the
proposed mitigation measures for the
leek moth should not apply to vacuumpacked Allium spp. because vacuum
packing is a mitigation measure itself.
The commenter did not provide, nor
do we have, any research regarding the
efficacy of vacuum packing as a
mitigation measure for leek moth.
Therefore, we will not add an
exemption for vacuum-packed Allium
spp. in this final rule.
We proposed to amend § 319.56–2t
allow grapes from Argentina to be
imported into the United States if they
are grown in a fruit-fly free area. For
grapes that are grown outside a fruit-fly
free area, we also proposed to amend
§ 319.56–2x to add grapes from
Argentina to the list of fruits and
vegetables that may be imported into the
United States provided that they are
treated in accordance with 7 CFR part
305. The regulations in part 305
prescribe cold treatment for fruit flies
and methyl bromide for other pests of
grapes from Argentina. The regulations
in part 305 also provide that irradiation
may be substituted for other approved
treatments for any of the pests listed in
§ 305.31(a). So, while part 305 does
allow irradiation to be substituted for
the cold treatment and fumigation
prescribed for grapes from Argentina,
one commenter appeared to believe that
irradiation was the sole treatment we
were prescribing, which is not the case,
and presented several questions about
irradiation. While we believe it would
be unlikely that irradiation would be
used for grapes from Argentina, a
summary of the commenter’s questions
and our responses are presented below.
The commenter asked specific
questions about research on how the
quality of grapes was affected by
irradiation and whether or not such
research has been conducted over a time
period that approximates shipping time
to match what the end consumer would
find in stores.
Those questions are commercial
considerations and are not relevant to
the regulatory process. As cautioned in
§ 305.31(n) of the regulations,
irradiation is approved to assure
quarantine security against listed pests,
but the facility operator and shipper are
responsible for determination of
tolerance.
The commenter also asked about
whether we have conducted any
research on the efficacy of irradiation on
table grapes.
The required irradiation doses are
specific to plant pests, rather than the
commodities they are associated with.
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Specific characteristics of the fruits or
vegetables being treated, which may
need to be considered in developing
other phytosanitary treatments, are
irrelevant to the effectiveness of
irradiation as long as the required
minimum dose is absorbed.
The commenter also asked if there has
been any work done to determine the
cumulative risk factors of allowing fruit
and vegetables from multiple countries
into the United States under various
protocols and if so, what is the risk.
We receive requests to authorize the
importation of specific fruits or
vegetables from specific countries, so it
is in that context (i.e., case-by-case, not
cumulative) that we evaluate risks and
make decisions.
The commenter asked if irradiation
would take place pre-shipment or post,
under what conditions, and if USDA
would be approving irradiation facilities
and inspecting the fruit.
As provided in § 305.31, irradiation
may take place either in the United
States or outside of the United States
prior to shipment. In either case, the
operator of an irradiation facility must
sign a compliance agreement with the
Administrator and all irradiation
facilities must be certified by the
Administrator. When the treatment
occurs outside the United States, the
plant protection organization of the
country where irradiation is to take
place must enter into a facility
preclearance workplan and a framework
equivalency work plan with APHIS. The
equivalency workplan is a document in
which both APHIS and the foreign plant
protection organizations specify the
following information for their
respective countries:
• Citations for any requirements that
apply to the importation of irradiated
articles;
• The type and amount of inspection,
monitoring, or other activities that will
be required in connection with allowing
the importation of irradiated articles
into that country; and
• Any other conditions that must be
met to allow the importation of
irradiated articles into that country.
The commenter asked what level of
inspection would take place.
There is no pre-set level of inspection
for grapes or any other article. The level
of inspection applied will vary from
commodity to commodity and shipment
to shipment. Inspectors take into
account factors such as pest conditions
in the exporting region, the types of
pests and past interceptions associated
with the article, whether and what type
of treatment has been applied, the type
of packaging (bulk or loose), the bill of
lading and number of containers by
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each shipper, and specific targeting
activities based on continuing analysis
of pest conditions worldwide.
The commenter asked if fruit flies do
not die under irradiation but are
rendered sterile, what is the protocol for
determining whether the irradiation has
been effective pre-shipment.
Irradiation is considered effective if
flies are killed or if they are rendered
unable to reproduce or emerge from the
host as an adult. Based on research
conducted by the USDA’s Agricultural
Research Service (ARS), we have
determined the necessary irradiation
doses, which vary from pest to pest, to
achieve that result. We will ensure that
the commodity received the prescribed
dose through dosimetry systems at the
facility and certification of the
treatment.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Effective Date
This is a substantive rule that relieves
restrictions and, pursuant to the
provisions of 5 U.S.C. 553, may be made
effective less than 30 days after
publication in the Federal Register.
This rule relieves restrictions on the
importation of certain fruits and
vegetables from certain countries while
continuing to protect against the
introduction of plant pests into the
United States. Immediate
implementation of this rule is necessary
to provide relief to those persons who
are adversely affected by restrictions we
no longer find warranted. Making this
rule effective immediately will allow
interested producers, importers,
shippers, and others to benefit
immediately from the relieved
restrictions. Therefore, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this rule should be
effective upon publication in the
Federal Register.
Executive Order 12866 and Regulatory
Flexibility Act
This 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. 604, we
have performed a final regulatory
flexibility analysis, which is set out
below, regarding the economic effects of
this rule on small entities.
Under the Plant Protection Act (7
U.S.C. 7701 et seq.), the Secretary of
Agriculture is authorized to regulate the
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75651
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 amending 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 being imported under permit,
but are not specifically listed in the
regulations. All of the fruits and
vegetables, as a condition of entry, will
be inspected and subject to treatment at
the port of first arrival as may be
required by an inspector. In addition,
we will require that some of the fruits
and vegetables be treated or meet other
special conditions. We are also
eliminating or modifying existing
treatment requirements for specified
commodities and making other
miscellaneous changes. These actions
will 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
addressed in this rule 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 entities.
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 many
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., chicory, kiwis, and
mangoes). In other instances,
importation augments domestic
supplies that are not sufficient to meet
consumer demand (e.g., apples, garlic,
and onions).
Grapes and Cichorium From Argentina
Grapes from Argentina are already
admissible under permit into the United
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States. The United States imports an
average of 490,000 tons of grapes (7
percent of its domestic supply) per year
to satisfy its domestic demand for
consumption.2 However, less than 1
percent of these imports originates in
Argentina. The growing season for
grapes in Argentina is opposite of that
in the United States, thereby
complementing rather than competing
with U.S. grape production. Therefore,
even if we assume that Argentina greatly
increases its exports of grapes to the
United States, it is more likely to
displace other countries’ share of U.S.
imports than to affect the level of U.S.
consumption of domestic grapes. The
economic impact on the level of U.S.
grape consumption and production
resulting from this change is expected to
be small.
With respect to cichorium, no official
production data are available in either
the United States or Argentina.
Therefore, we assume that both the
United States and Argentina are small
commercial producers of cichorium.
Between 2000 and 2003, U.S. imports of
fresh cichorium averaged 3.8 thousand
tons of a non-witloof variety and 2.5
thousand tons of a witloof variety; none
of these imports originated in
Argentina.3 Between 2000 and 2003,
Argentina’s exports of cichorium to the
world as a whole averaged 7 metric tons
annually. Even if all of these exports
were directed to the United States, they
would only represent 0.11 percent of
U.S. demand for imported cichorium.
The economic impact resulting from
this change is not expected to be
substantial.
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Allium spp. From Canada
Alliaceous vegetables (i.e., onions,
shallots, leeks, and garlic) from Canada
can be imported into the United States
under the general permit in § 319.56–
2(c) for articles from Canada. Between
2000 and 2003, Canada supplied 19
percent of annual U.S. imports of
shallots and onions, 3 percent of U.S.
imports of leeks, and 0.62 percent of
U.S. imports of garlic on average.4 U.S.
imports amount to less than 10 percent
of U.S. production of shallots and
2 FAOSTAT for production data. USDA/FAS
Global Agricultural Trade System using data from
the U.N. Statistical Office. Trade Data: Harmonized
Tariff Schedule for trade data.
3 FAOSTAT for production data. USDA/FAS
Global Agricultural Trade System using data from
the U.N. Statistical Office. Trade Data: Harmonized
Tariff Schedule (HS: 070529 non-witloof variety of
chicory, and 070521 fresh chicory of witloof
variety).
4 FAOSTAT for production data. USDA/FAS
Global Agricultural Trade System using data from
the U.N. Statistical Office. Trade Data: Harmonized
Tariff Schedule for trade data.
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onions and less than 15 percent of U.S.
garlic production. This rule will add, as
a condition of entry, that each shipment
of alliaceous vegetables consisting of the
whole plant or above ground parts be
accompanied by a phytosanitary
certificate containing an additional
declaration from the Canadian NPPO
that the shipment is free of
Acrolepiopsis assectella. We do not
expect exporters to incur any additional
expenses as a result of this requirement.
Therefore, U.S. importers/consumers of
these commodities will not see an
increase in the cost of alliaceous
vegetables from Canada. Even if
exporters of alliaceous vegetables from
Canada were to experience an increase
in exporting cost because of the
phytosanitary requirement and pass this
on to U.S. importers/consumers, the
benefits of keeping the leek moth out of
the United States would outweigh such
an increase in cost. As a result, the
economic impact on the U.S. level of
demand for consumption and/or
production of alliaceous vegetables is
not expected to be significant.
Cichorium, Lemons, and Tomatoes
(Under a Systems Approach) From
Chile
Lemons from Chile are already being
imported into the United States under
permit; between 2000 and 2003, 4
percent of annual U.S. imports of
lemons and limes originated in Chile.5
We have no reason to expect that listing
lemons from Chile in the regulations
will result in an increase in exports.
Even if we assume that Chile increases
its exports of lemons into the United
States, it is more likely to displace other
countries’ share for U.S. imports of them
than to affect the level of U.S.
consumption of domestic lemons. The
economic impact resulting from this
change is not expected to be substantial.
Tomatoes from Chile are already
being imported into the United States if
fumigated with methyl bromide. This
rule will provide tomato producers with
an alternative to methyl bromide
fumigation by providing for a systems
approach. APHIS continues to strive to
meet the objectives of the Montreal
Protocol by providing alternatives to
methyl bromide fumigation treatment
for fruit and vegetable producers. As
registered producers in Chile already
comply with most of the production
practices that will be required under the
systems approach, the requirements will
5 Source of Production Data: https://apps.fao.org/
faostat/agriculture/. Production data for lemons
include limes. Source of Trade Data: USDA/FAS
Global Agricultural Trade System using data from
the U.N. Statistical Office. Harmonized Tariff
Schedule 6 digits.
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not likely result in any additional
economic burden to tomato producers.
In addition, registered producers who
remain in compliance with the program
throughout the shipping season will
save money on costly fumigation
treatments. Between 2000 and 2003,
0.02 percent of U.S. annual imports of
tomatoes originated in Chile.6 The total
amount of tomatoes from Chile exported
to the world between 2000 and 2003 (all
varieties) was on average only 2,209
tons or 0.38 percent of U.S. imports.
This is Chile’s maximum capacity of
tomato exports and is not expected to
increase in the short term. This small
amount of imports, whether grown
under the systems approach or treated
with methyl bromide, is unlikely to
affect the level of U.S. consumption of
domestic tomatoes. The economic
impact resulting from this change is not
expected to be substantial.
With respect to cichorium, there are
no available data on U.S. or Chilean
production. The United States imports
approximately 6,000 tons of cichorium
per year. Cichorium is already being
imported from Chile under permit, and
Chile is a major source of U.S.
cichorium imports, accounting for
approximately 32 percent on average.
Because the United States is such a
small producer of cichorium, it is
unlikely that this rule will significantly
alter this situation. In fact, the addition
of cichorium into the U.S. market from
other countries such as Chile will be a
benefit to U.S. consumers. The
economic impact on the level of U.S.
consumption of cichorium, lemons, and
tomatoes as a result of these changes is
expected to be small.
New Zealand Spinach From Israel
According to USDA’s Foreign
Agricultural Service (FAS), in 2000, the
United States imported 1.5 metric tons
of New Zealand spinach from Israel
(0.02 percent of U.S. imports of New
Zealand spinach in 2000). However,
APHIS’ Plant Protection and Quarantine
(PPQ) program has no record of these
imports and New Zealand spinach from
Israel has not been admissible into the
United States.7 Israel is a small
6 Source of Production Data: https://apps.fao.org/
faostat/agriculture/. Source of Trade Data: USDA/
FAS Global Agricultural Trade System using data
from the U.N. Statistical Office. Harmonized Tariff
Schedule 6 digits.
7 The United States imported spinach from Israel
for the first time in year 2000, but did not import
any Israeli spinach in 2001, 2002, or 2003. Source:
U.N. Trade Statistics, FAS Global Agricultural
Trade System using data from the U.N. Statistical
Office. Trade Data: Harmonized Tariff Schedule (HS
6 Digit— 070970) spinach fresh or chilled. Source
of production data: https://apps.fao.org/faostat/
agriculture/.
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producer of spinach (all varieties),
producing, on average, an amount
equivalent to a quarter of total U.S.
spinach imports annually. The amount
imported in 2000 corresponds to 50
percent of Israel’s exports. Even if we
assume that Israel will double its
exports into the United States, it could
not supply more than 0.04 percent of
U.S. demand for imports of spinach.
The economic effects of this change on
the level of U.S. consumption and/or
production of spinach are not expected
to be significant.
Kiwi From Italy
Kiwi fruits from Italy can already be
imported into the United States under
permit. The United States is a small
kiwi producer that imports almost twice
as much as it produces to satisfy its
domestic demand.8 Italy supplies
approximately 16 percent of U.S.
imported kiwi fruits, and it is unlikely
that this will change as a result of this
rule. Even if Italy increased its exports
of kiwi to the United States, it would
most likely displace another countries’
share because the United States is such
a small producer of kiwi. The economic
impact resulting from this change on the
level of U.S. consumption is not
expected to be substantial.
Citrus From New Zealand
Although FAS statistics indicate that
between 2001 and 2003, New Zealand
supplied, on average, 0.006 percent of
U.S. imports of oranges and lemons,9
APHIS’ PPQ has no records of these
imports and citrus fruit from New
Zealand has not been admissible into
the United States. New Zealand is a
small producer/exporter of citrus, and
the country’s exports were equivalent to
less than 1 percent of U.S. imports of
citrus on average. Its total citrus
production is less than 8 percent of U.S.
imports of citrus as a whole. Because
the United States will import such a
small percentage of New Zealand citrus,
even if we assume that New Zealand
greatly increases its exports to the
United States, it is unlikely to have a
substantial economic impact.
Mangoes From the Philippines
The United States currently imports a
very small amount of mangoes (18 tons
per year on average) from the
pwalker on PRODPC60 with RULES
8 Source:
U.N. Trade Statistics, FAS Global
Agricultural Trade System using data from the U.N.
Statistical Office.
9 Total citrus trade data here includes the
following categories of fruits: Oranges (HS–6:
080510), mandarins (HS–6: 080520), lemons (HS–6:
080530), and grapefruits (HS–6: 080540).
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16:25 Dec 15, 2006
Jkt 211001
Philippines.10 Because the Philippines
is a significant producer of mangoes,
allowing mangoes to be imported into
Hawaii and Guam from additional
production areas in the Philippines
could result in mango exports from the
Philippines capturing a larger share of
those two markets. U.S. mango
production is less than 1 percent of the
amount the United States needs to
satisfy its domestic consumption.
Between 2001 and 2002, the United
States imported approximately 100
times the amount of its domestic mango
production, with most imports coming
from Mexico. Thus, allowing imports
from more islands in the Philippines
would be a benefit to U.S. consumers in
Guam and Hawaii. The economic
impact of this change on the level of
U.S. consumption or its domestic
production of mangoes is not expected
to be significant.
Apples and Grapes From South Africa
Apples and grapes from South Africa
can already be imported into the United
States under permit. South Africa
supplies 3 percent of U.S. imports of
apples and a little less than 2 percent of
U.S. imports of grapes.11 With respect to
grapes, South African exports alone
cannot satisfy U.S. demand for domestic
consumption. Even if South Africa
directs all of its exports of grapes
(880,590 tons) into the United States, it
would be only enough to supply 22
percent of U.S. annual demand. The
economic impact of this change on the
level of U.S. consumption and/or
domestic production of apples and/or
grapes is not expected to be significant.
Cichorium From Central and South
America
There are no official data available for
cichorium, either on production or
trade, in the following countries:
Bolivia, Brazil, Colombia, Costa Rica,
Ecuador, El Salvador, French Guiana,
Guyana, Honduras, Nicaragua, Panama,
Paraguay, Peru, Suriname, Uruguay, and
Venezuela. Thus, we assume that these
countries are very small producers of
cichorium and that they are either not
currently exporting cichorium or are
exporting only small amounts. For these
reasons, we cannot determine what the
economic effects of this rule will be, but
they are not expected to be significant.
10 Trade Data: Harmonized Tariff Schedule (HS 6
Digit). Source of production data: https://
apps.fao.org/faostat/agriculture/.
11 Source: U.N. Trade Statistics, FAS Global
Agricultural Trade System using data from the U.N.
Statistical Office. Trade Data: Harmonized Tariff
Schedule (HS 6 Digit). Source of production data:
https://apps.fao.org/faostat/agriculture/.
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Frm 00005
Fmt 4700
Sfmt 4700
75653
Summary
U.S. importation of the commodities
included in this rule is not expected to
have a significant economic impact on
U.S. small entities. The different
production season of the Southern
Hemisphere, where many of the fruits
and vegetables included in this rule are
produced, helps maintain a steady
supply of fresh produce, complementing
rather than competing with U.S.
production of these commodities. For
those commodities that are not principal
U.S. products, the additional supply
will help satisfy growing demand for
these specialty crops. For these reasons,
we believe that any costs due to
increased competition that may be
incurred by domestic entities will be
minimal, and that those minimal costs
will be outweighed by the benefits
associated with this rule, which include
improving the transparency of our
regulations and providing the United
States with additional types and sources
of fruits and vegetables while
continuing to protect against the
introduction of quarantine pests through
imported fruits and vegetables.
This rule contains various
recordkeeping requirements, which
were described in our proposed rule,
and which have been approved by the
Office of Management and Budget (see
‘‘Paperwork Reduction Act’’ below).
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This final rule allows certain fruits
and vegetables to be imported into the
United States from certain parts of the
world. State and local laws and
regulations regarding the importation of
fruits and vegetables under this rule will
be preempted while the fruit is in
foreign commerce. Fresh fruits and
vegetables are generally imported for
immediate distribution and sale to the
consuming public, and remain in
foreign commerce until sold to the
ultimate consumer. The question of
when foreign commerce ceases in other
cases must be addressed on a case-bycase basis. 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.
E:\FR\FM\18DER1.SGM
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75654
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
(OMB) under OMB control number
0579–0280.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the Internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this 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, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
I Accordingly, we are amending 7 CFR
part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
I
2. Section 319.56–1 is amended by
adding, in alphabetical order, a
definition for national plant protection
organization (NPPO) to read as follows:
§ 319.56–1
Definitions.
*
*
*
*
*
National plant protection
organization (NPPO). Official service
Country/locality
§ 319.56–2 Restrictions on entry of fruits
and vegetables.
*
*
*
*
*
(c) General permit for fruits and
vegetables grown in Canada. Fruits and
vegetables grown in Canada may be
imported into the United States without
restriction under this subpart; provided,
that:
(1) Consignments of Allium spp.
consisting of the whole plant or above
ground parts must be accompanied by a
phytosanitary certificate issued by the
NPPO of Canada with an additional
declaration stating that the articles are
free from Acrolepipsis assectella
(Zeller).
(2) Potatoes from Newfoundland and
that portion of the Municipality of
Central Saanich in the Province of
British Columbia east of the West
Saanich Road are prohibited
importation into the United States in
accordance with § 319.37–2 of this part.
*
*
*
*
*
(Approved by the Office of Management
and Budget under control numbers
0579–0049 and 0579–0280)
4. Section 319.56–2t is amended as
follows:
I a. In the table in paragraph (a), by:
I i. Revising the following entries to
read as set forth below: Under Belize,
for rambutan; under Bermuda, for
longan; under Costa Rica, for rambutan;
under El Salvador, for loroco and
rambutan; under Grenada, for litchi and
rambutan; under Guatemala, for
eggplant and rambutan; under
Honduras, for rambutan; under Mexico,
for banana and rambutan; under
I
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
I
established by a government to
discharge the functions specified by the
International Plant Protection
Convention.
*
*
*
*
*
I 3. In § 319.56–2, paragraph (c) and the
OMB citation at the end of the section
are revised to read as follows:
Nicaragua, for loroco and rambutan;
under Panama, for eggplant and
rambutan; under Peru, for Swiss chard;
under Sierra Leone, for cassava; and
under South Africa, for pineapple.
I ii. Removing the following entries:
Under Argentina, for endive; under
Bolivia, for Belgian endive; under
Ecuador, for radicchio; under Honduras,
for chicory; under Nicaragua, for
radicchio; under Panama, for Belgian
endive, chicory, and endive; under
Peru, for radicchio; and under Republic
of Korea, for chard.
I iii. Adding, in alphabetical order, the
following entries to read as set forth
below: Under Argentina, for cichorium
and grape; under Belize, for cichorium
and eggplant; under Bolivia, for
cichorium; under Chile, for cichorium;
under Colombia, for cichorium; under
Costa Rica, for cichorium and eggplant;
under Ecuador, for cichorium; under El
Salvador, for cichorium; under French
Guinea, for cichorium; under
Guatemala, for cichorium; under
Honduras, for cichorium and eggplant;
under Israel, for New Zealand spinach;
under New Zealand, for citrus; under
Nicaragua, for cichorium; under
Panama, for cichorium; under Peru, for
cichorium; under Republic of Korea, for
Swiss chard; and under Suriname, for
cichorium.
I iv. Adding entries for Bahamas,
Brazil, French Guiana, Guyana,
Paraguay, Uruguay, and Venezuela to
read as set forth below.
I b. In paragraph (b), by adding new
paragraphs (b)(2)(v), (b)(5)(vi),
(b)(5)(vii), and (b)(6)(v) to read as set
forth below.
I c. By revising the OMB citation at the
end of the section to read as set forth
below.
§ 319.56–2t Administrative instructions:
Conditions governing the entry of certain
fruits and vegetables.
(a) * * *
Additional restriction(s)
(see paragraph (b) of
this section)
Common name
Botanical name
Plant part(s)
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
Grape .................................
*
Vitis spp .............................
*
*
Fruit ....................................
(b)(1)(ii).
*
*
*
Bahamas ............................. Citrus .................................
*
Citrus spp ...........................
*
*
Fruit ....................................
*
(b)(5)(vi), (b)(6)(v).
pwalker on PRODPC60 with RULES
Argentina
*
*
*
*
*
*
Belize
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E:\FR\FM\18DER1.SGM
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*
*
*
75655
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations
Country/locality
Additional restriction(s)
(see paragraph (b) of
this section)
Common name
Botanical name
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
Eggplant .............................
*
Solanum melongena ..........
*
*
Fruit ....................................
(b)(3).
*
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or cluster ....................
*
(b)(2)(i), (b)(5)(iii).
*
*
*
*
*
Longan ...............................
*
Dimocarpus longan ............
*
Fruit or cluster.
*
*
*
Bolivia .................................. Cichorium ...........................
Brazil ................................... Cichorium ...........................
Chile
*
Cichorium spp ....................
Cichorium spp ....................
*
*
Leaves, stems, and roots.
Leaves, stems, and roots.
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
*
Colombia ............................. Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
Plant part(s)
*
*
*
*
*
*
*
*
Bermuda
*
*
Costa Rica
*
*
*
*
*
*
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
Eggplant .............................
*
Solanum melongena ..........
*
*
Fruit ....................................
(b)(3).
*
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or cluster ....................
*
(b)(2)(i), (b)(5)(iii).
*
*
*
*
*
Cichorium ...........................
*
*
*
*
*
*
*
Ecuador
*
El Salvador
*
*
Cichorium spp ....................
*
*
*
*
Leaves, stems, and roots.
*
*
*
*
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
*
Loroco ................................
*
Fernaldia spp .....................
*
Flower and leaf.
*
*
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or clusters ..................
*
*
*
French Guiana .................... Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
*
*
*
*
*
Litchi ...................................
*
Litchi chinensis ..................
*
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
(b)(2)(i), (b)(5)(iii).
*
*
*
*
Fruit or cluster.
*
*
*
Fruit or cluster.
*
*
*
*
pwalker on PRODPC60 with RULES
Grenada
*
Guatemala
*
VerDate Aug<31>2005
*
*
*
*
*
Cichorium ...........................
16:50 Dec 15, 2006
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*
*
Cichorium spp ....................
Frm 00007
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*
*
Leaves, stems, and roots.
E:\FR\FM\18DER1.SGM
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75656
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations
Country/locality
Additional restriction(s)
(see paragraph (b) of
this section)
Common name
Botanical name
Plant part(s)
*
*
Eggplant .............................
*
Solanum melongena ..........
*
*
Fruit ....................................
(b)(3).
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or cluster ....................
*
(b)(2)(i), (b)(5)(iii).
*
*
*
Guyana ................................ Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
Honduras
*
*
*
*
*
*
*
*
*
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaf, stems, and roots.
*
*
*
Eggplant .............................
*
Solanum melongena ..........
*
*
Fruit ....................................
(b)(3).
*
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or cluster ....................
*
(b)(2)(i), (b)(5)(iii).
*
*
*
*
*
New Zealand spinach ........
*
*
*
*
*
Banana ...............................
*
Musa spp ...........................
*
Flower and leaf.
*
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or cluster ....................
*
*
*
*
*
*
*
*
*
*
*
*
Israel
*
Tetragonia tetragonioides ..
*
*
*
Leaves..
*
Mexico
*
New Zealand
*
*
*
*
*
*
(b)(2)(i), (b)(5)(iii).
*
*
*
*
Citrus ..................................
*
Citrus spp ...........................
*
*
Fruit ....................................
*
(b)(3), (b)(5)(vii).
*
*
*
Nicaragua ............................ Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
*
*
Loroco ................................
*
Fernaldia spp .....................
*
Flower and leaf.
*
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or cluster ....................
*
*
*
*
*
Cichorium ...........................
Eggplant .............................
*
Cichorium spp ....................
Solanum melongena ..........
*
*
Leaves, stems, and roots.
Fruit ....................................
(b)(3).
*
*
Rambutan ..........................
*
Nephelium lappaceum .......
*
*
Fruit or cluster ....................
*
(b)(2)(i), (b)(5)(iii).
*
*
*
Paraguay ............................. Cichorium ...........................
Peru
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
*
*
*
(b)(2)(i), (b)(5)(iii).
*
*
Panama
pwalker on PRODPC60 with RULES
*
*
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
*
Swiss chard .......................
*
Beta vulgaris subsp. cicla ..
*
Leaf and stem.
*
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*
18DER1
75657
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations
Country/locality
*
Republic of Korea
*
Common name
*
Botanical name
*
Additional restriction(s)
(see paragraph (b) of
this section)
Plant part(s)
*
*
*
*
*
*
*
*
Swiss chard .......................
*
Beta vulgaris subsp. cicla ..
*
Leaf and stem.
*
*
*
Sierra Leone ........................ Cassava .............................
*
Manihot esculenta ..............
*
*
Leaf and root .....................
*
South Africa
*
*
*
*
*
*
Pineapple ...........................
*
Suriname
*
*
*
*
Ananas spp ........................
*
*
*
*
*
*
Fruit ....................................
*
*
*
(b)(2)(v).
*
*
*
*
Cichorium ...........................
*
Cichorium spp ....................
*
*
Leaves, stems, and roots.
*
*
*
*
Uruguay ............................... Cichorium ...........................
Venezuela ........................... Cichorium ...........................
*
Cichorium spp ....................
Cichorium spp ....................
*
*
Leaves, stems, and roots.
Leaves, stems, and roots.
*
*
*
*
(b) * * *
(2) * * *
(v) Prohibited entry into Puerto Rico,
Virgin Islands, Northern Mariana
Islands, Hawaii, and Guam. Cartons in
which commodity is packed must be
stamped ‘‘For distribution in the
continental United States only.’’
*
*
*
*
*
(5) * * *
(vi) Must be accompanied by a
phytosanitary certificate issued by the
NPPO of the country of origin with an
additional declaration stating that the
fruit is from an area where citrus canker
(Xanthomonas citri (Hasse) Dowson) is
not known to occur.
(vii) Must be accompanied by a
phytosanitary certificate issued by the
NPPO of the country of origin and with
an additional declaration stating that the
Country/locality
*
*
fruit is free from Cnephasia jactatana,
Coscinoptycha improbana,
Ctenopseustis obliquana, Epiphyas
postvittana, Pezothrips kellyanus, and
Planotortrix excessana; must undergo a
port of entry inspection with a biometric
sampling of 100 percent of 30 boxes
selected randomly from each shipment;
and the randomly selected boxes must
be examined for hitchhiking pests.
(6) * * *
(v) Grapefruit (Citrus paradisi), lemon
(Citrus limon), orange (Citrus sinensis),
and tangelo (Citrus reticulata) only.
(Approved by the Office of Management
and Budget under control numbers
0579–0049, 0579–0236, 0579–0264, and
0579–0280)
I 5. In § 319.56–2x, the table in
paragraph (a) is amended as follows:
*
*
a. By revising the following entries to
read as set forth below: Under China, for
litchi and longan; under India, for litchi;
under Israel, for litchi; and under
Taiwan, for litchi.
I b. By removing, under El Salvador,
the entry for garden bean and by adding,
in alphabetical order, the following
entries to read as set forth below: Under
Argentina, for grape; under Chile, for
lemons; and under El Salvador, for
green bean.
I c. By adding, in alphabetical order,
entries for Italy and the Republic of
South Africa to read as set forth below.
I
§ 319.56–2x Administrative instructions;
conditions governing the entry of certain
fruits and vegetables for which treatment is
required.
(a) * * *
Common name
Botanical name
Plant part(s)
*
*
Grape .................................
*
Vitis spp .............................
*
*
*
Fruit. (Treatment for Anastrepha spp. fruit flies and
Medfly not required if fruit is grown in a fruit fly-free
area (see § 319.56–2(j)).
*
Chile ...................................
*
*
Lemon ................................
*
Citrus limon ........................
*
Fruit.
*
China ..................................
*
*
Litchi ..................................
*
Litchi chinensis ..................
Longan ...............................
Dimocarpus longan ............
*
*
*
Fruit or cluster. (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed
must be stamped ‘‘Not for importation into or distribution in FL.’’)
Fruit or cluster
Argentina
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75658
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations
Country/locality
Common name
Botanical name
Plant part(s)
*
El Salvador .........................
*
*
Green bean ........................
*
Phaseolus vulgaris .............
*
Pod or shelled.
*
India ....................................
*
*
Litchi ...................................
*
Litchi chinensis ..................
*
*
*
Fruit or cluster (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed
must be stamped ‘‘Not for importation into or distribution in FL.’’)
*
*
Litchi ...................................
*
Litchi chinensis ..................
*
*
*
Fruit or cluster. (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed
must be stamped ‘‘Not for importation into or distribution in FL.’’)
*
Italy .....................................
*
*
Kiwi ....................................
*
Actinidia deliciosa ..............
*
Fruit.
*
*
*
Republic of South Africa ....
*
*
Apple ..................................
Grape .................................
*
Malus domestica ................
Vitis spp .............................
*
Fruit.
Fruit.
*
*
*
*
*
*
Israel
*
*
*
*
*
*
*
*
Litchi ...................................
*
*
*
Taiwan
*
*
*
*
*
*
6. Section 319.56–2dd is amended as
follows:
I a. By revising the introductory text of
paragraph (d) to read as set forth below.
I b. By redesignating paragraphs (d)(1),
(d)(2), and (d)(3) as paragraphs (d)(1)(i),
(d)(1)(ii), and (d)(1)(iii), respectively,
and by adding new introductory text of
paragraph (d)(1) to read as set forth
below.
I c. In newly redesignated paragraph
(d)(1)(iii), in the first sentence, by
adding the words ‘‘with treatment in
accordance with this paragraph (d)(1)’’
after the word ‘‘Chile’’.
I d. By adding a new paragraph (d)(2)
to read as set forth below.
I e. By revising the OMB citation at the
end of the section to read as set forth
below.
I
§ 319.56–2dd Administrative instructions:
conditions governing the entry of tomatoes.
pwalker on PRODPC60 with RULES
*
*
*
*
*
(d) Tomatoes from Chile. Tomatoes
(fruit) (Lycopersicon esculentum) from
Chile, whether green or at any stage of
ripeness, may be imported into the
United States with treatment in
accordance with paragraph (d)(1) of this
section or if produced in accordance
with the systems approach described in
paragraph (d)(2) of this section.
(1) With treatment. * * *
VerDate Aug<31>2005
16:25 Dec 15, 2006
*
Litchi chinensis ..................
Jkt 211001
*
*
*
*
Fruit or cluster. (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed
must be stamped ‘‘Not for importation into or distribution in FL.’’)
*
(2) Systems approach. The tomatoes
may be imported without fumigation for
Tuta absoluta, Rhagoletis tomatis, and
Mediterranean fruit fly (Medfly,
Ceratitis capitata) if they meet the
following conditions:
(i) The tomatoes must be grown in
approved production sites that are
registered with SAG. Initial approval of
the production sites will be completed
jointly by SAG and APHIS. SAG will
visit and inspect the production sites
monthly, starting 2 months before
harvest and continue until the end of
the shipping season. APHIS may
monitor the production sites at any time
during this period.
(ii) Tomato production sites must
consist of pest-exclusionary
greenhouses, which must have selfclosing double doors and have all other
openings and vents covered with 1.6
mm (or less) screening.
(iii) The tomatoes must originate from
a Medfly free area (see § 319.56–2(j)) of
Chile or an area where Medfly trapping
occurs. Production sites in areas where
Medfly is known to occur must contain
traps for both Medfly and Rhagoletis
tomatis in accordance with paragraphs
(d)(2)(iii) and (d)(2)(iv) of this section.
Production sites in all other areas do not
require trapping for Medfly. The
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
*
*
trapping protocol for the detection of
Medfly in infested areas is as follows:
(A) McPhail traps with an approved
protein bait must be used within
registered greenhouses. Traps must be
placed inside greenhouses at a density
of 4 traps/10 ha, with a minimum of at
least two traps per greenhouse.
(B) Medfly traps with trimedlure must
be placed inside a buffer area 500
meters wide around the registered
production site, at a density of 1 trap/
10 ha and a minimum of 10 traps. These
traps must be checked at least every 7
days. At least one of these traps must be
near a greenhouse. Traps must be set for
at least 2 months before export and
trapping and continue to the end of the
harvest season.
(C) Medfly prevalence levels in the
surrounding areas must be 0.7 Medflies
per trap per week or lower. If levels
exceed this before harvest, the
production site will be prohibited from
shipping under the systems approach. If
the levels exceed this after the 2 months
prior to harvest, the production site
would be prohibited from shipping
under the systems approach until
APHIS and the NPPO of Chile agree that
the pest risk has been mitigated.
(iv) Registered production sites must
contain traps for Rhagoletis tomatis in
E:\FR\FM\18DER1.SGM
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pwalker on PRODPC60 with RULES
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / Rules and Regulations
accordance with the following
provisions:
(A) McPhail traps with an approved
protein bait must be used within
registered greenhouses. Traps must be
placed inside greenhouses at a density
of 4 traps/10 ha, with a minimum of at
least two traps per greenhouse. Traps
inside greenhouses will use the same
bait for Medfly and Rhagoletis tomatis
because the bait used for R. tomatis is
sufficient for attracting both types of
fruit fly within the confines of a
greenhouse; therefore, it is unnecessary
to repeat this trapping protocol in
production sites in areas where Medfly
is known to occur.
(B) McPhail traps with an approved
protein bait must be placed inside a 500
meter buffer zone at a density of 1 trap/
10 ha surrounding the production site.
At least one of the traps must be near
a greenhouse. Traps must be set for at
least 2 months before export until the
end of the harvest season and must be
checked at least every 7 days. In areas
where Medfly trapping is required, traps
located outside of greenhouses must
contain different baits for Medfly and
Rhagoletis tomatis. There is only one
approved bait for R. tomatis and the bait
is not strong enough to lure Medfly
when used outside greenhouses;
therefore, separate traps must be used
for each type of fruit fly present in the
area surrounding the greenhouses.
(C) If within 30 days of harvest a
single Rhagoletis tomatis is captured
inside the greenhouse or in a
consignment or if two R. tomatis are
captured or detected in the buffer zone,
shipments from the production site will
be suspended until APHIS and SAG
determine that risk mitigation is
achieved.
(v) Registered production sites must
conduct regular inspections for Tuta
absoluta throughout the harvest season
and find these areas free of T. absoluta
evidence (e.g., eggs or larvae). If within
30 days of harvest, two Tuta absoluta
are captured inside the greenhouse or a
single T. absoluta is found inside the
fruit or in a consignment, shipments
from the production site would be
suspended until APHIS and SAG
determine that risk mitigation is
achieved.
(vi) SAG will ensure that populations
of Liriomyza huidobrensis inside
greenhouses are well managed by doing
inspections during the monthly visits
specifically for L. huidobrensis mines in
the leaves and for visible external pupae
or adults. If L. huidobrensis is found to
be generally infesting the production
site, shipments from the production site
would be suspended until APHIS and
VerDate Aug<31>2005
16:25 Dec 15, 2006
Jkt 211001
75659
SAG agree that risk mitigation is
achieved.
(vii) All traps must be placed at least
2 months prior to harvest and be
maintained throughout the harvest
season and be monitored and serviced
weekly.
(viii) SAG must maintain records of
trap placement, checking of traps, and
of any Rhagoletis tomatis or Tuta
absoluta captures for 1 year for APHIS
review. SAG must maintain an APHIS
approved quality control program to
monitor or audit the trapping program.
APHIS must be notified when a
production site is removed from or
added to the program.
(ix) The tomatoes must be packed
within 24 hours of harvest in a pestexclusionary packinghouse. The
tomatoes must be safeguarded by a pestproof screen or plastic tarpaulin while
in transit to the packinghouse and while
awaiting packing. Tomatoes must be
packed in insect-proof cartons or
containers or covered with insect-proof
mesh or plastic tarpaulin for transit to
the United States. These safeguards
must remain intact until arrival in the
United States.
(x) During the time the packinghouse
is in use for exporting fruit to the United
States, the packinghouse may only
accept fruit from registered approved
production sites.
(xi) SAG is responsible for export
certification inspection and issuance of
phytosanitary certificates. Each
shipment of tomatoes must be
accompanied by a phytosanitary
certificate issued by SAG with an
additional declaration, ‘‘These tomatoes
were grown in an approved production
site in Chile.’’ The shipping box must be
labeled with the identity of the
production site.
*
*
*
*
*
(a) Mangoes grown on the island of
Guimaras, which the Administrator has
determined meet the criteria set forth in
§ 319.56–2(e)(4) and § 319.56–2(f) with
regard to the mango seed weevil
(Sternochetus mangiferae), are eligible
for importation into all areas of the
United States. Mangoes from all other
areas of the Philippines except Palawan
are eligible for importation into Hawaii
and Guam only. Mangoes from Palawan
are not eligible for importation into the
United States.
*
*
*
*
*
(d) * * * Shipments originating from
approved areas other than Guimaras
must be labeled ‘‘For distribution in
Guam and Hawaii only.’’
(e) Phytosanitary certificate. Mangoes
originating from all approved areas must
be accompanied by a phytosanitary
certificate issued by the Republic of the
Philippines Department of Agriculture
that contains an additional declaration
stating that the mangoes have been
treated for fruit flies of the genus
Bactrocera in accordance with
paragraph (b) of this section.
Phytosanitary certificates accompanying
shipments of mangoes originating from
the island of Guimaras must also
contain an additional declaration stating
that the mangoes were grown on the
island of Guimaras.
*
*
*
*
*
(Approved by the Office of Management
and Budget under control numbers
0579–0172 and 0579–0280)
(Approved by the Office of Management
and Budget under control numbers
0579–0049, 0579–0131, 0579–0280, and
0579–0286)
FEDERAL DEPOSIT INSURANCE
CORPORATION
7. Section 319.56–2ii is amended as
follows:
I a. By revising paragraph (a) to read as
set forth below.
I b. In paragraph (d), by adding a new
sentence at the end of the paragraph to
read as set forth below.
I c. By revising paragraph (e) to read as
set forth below.
I d. By adding an OMB citation at the
end of the section to read as set forth
below.
RIN 3064–AD12
I
§ 319.56–2ii Administrative instructions:
conditions governing the entry of mangoes
from the Philippines.
*
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*
*
Frm 00011
*
Fmt 4700
*
Sfmt 4700
Done in Washington, DC, this 12th day of
December 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E6–21496 Filed 12–15–06; 8:45 am]
BILLING CODE 3410–34–P
12 CFR Part 313
Procedures for Corporate Debt
Collection
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Final rule.
AGENCY:
SUMMARY: The Federal Deposit
Insurance Corporation (FDIC) is
amending 12 CFR part 313, Procedures
for Corporate Debt Collection, to include
delinquent criminal restitution debt
within the debt covered by part 313.
DATES: Effective Date: This rule is
effective on December 18, 2006.
E:\FR\FM\18DER1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Rules and Regulations]
[Pages 75649-75659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21496]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 /
Rules and Regulations
[[Page 75649]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 03-086-3]
RIN 0579-AC23
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending 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. Some of the 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, will 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 will be
required to meet other special conditions. In one case, we are adding a
systems approach that will provide an alternative to methyl bromide
fumigation. These actions will provide the United States with
additional types and sources of fruits and vegetables while continuing
to protect against the introduction of quarantine pests through
imported fruits and vegetables.
EFFECTIVE DATE: December 18, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Background
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.
On December 22, 2005, we published in the Federal Register (70 FR
75967-75981, Docket No. 03-086-1) a proposal \1\ to amend the
regulations by listing a number of fruits and vegetables from certain
parts of the world as eligible, under specified conditions, for
importation into the United States. We solicited comments on the
proposed rule for 60 days ending on February 21, 2006.
---------------------------------------------------------------------------
\1\ To view the proposed rule and comments we received, go to
https://www.regulations.gov, click on the ``Advanced Search'' tab,
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0107, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
---------------------------------------------------------------------------
On March 3, 2006, we published in the Federal Register (71 FR
10924, Docket No. 03-086-2) a notice in which we reopened the comment
period for our proposed rule until March 10, 2006. We received 11
comments by that date. The comments were from representatives of State
and foreign governments, industry organizations, importers and
exporters, distributors, farmers, and individuals. Seven of these
commenters wrote to support the proposed provisions regarding citrus
from New Zealand, and another commenter wrote to support the proposed
provisions regarding the importation of tomatoes from Chile. The
remaining commenters raised specific issues which are discussed below.
General Comments
In our proposal, we stated that citrus fruit from the Bahamas would
be allowed importation into the United States provided that each
shipment was accompanied by a phytosanitary certificate stating that
the fruit originated from an area of the Bahamas that is free from
citrus canker disease, Xanthomonas citri (Hasse) Dowson. We also stated
that the island of Abaco is the only island in the Bahamas where citrus
canker is known to exist. One commenter stated that the existence of
citrus canker should be based on periodic and systematic surveys and
the importation of citrus fruit from the Bahamas ultimately should meet
the same standards developed by the U.S. Department of Agriculture for
the movement of domestic fruit from Florida.
The Bahamas is currently conducting ongoing surveillance for citrus
canker and there have been no other reports of the disease. With regard
to requiring Bahamian citrus to meet the same standards as domestic
fruit moved from Florida, we presume the commenter is referring to the
restrictions on the interstate movement of citrus from areas
quarantined for citrus canker. The current domestic citrus canker
regulations in 7 CFR part 301 allow fruit from citrus canker
quarantined areas in Florida to move interstate provided they are not
destined for a commercial citrus-producing area. This rule will allow
citrus from the Bahamas to enter the United States only if it is grown
in an area where citrus canker does not exist. Under those
circumstances, we believe it is unnecessary to limit the movement of
Bahamian citrus fruit to non-citrus-producing States.
In our proposal, we proposed to amend Sec. 319.56-2t by removing
the common names provided for Cichorium spp. articles (e.g., endive,
chicory, and radicchio) from several Central and South American
countries and replacing those common name entries with the more general
term ``cichorium.'' This was proposed in order to make our regulations
more clear and consistent and to allow additional varieties of
Cichorium entry from those countries. In our proposed regulatory text,
we listed leaves, stems, and roots as the enterable plant parts for
cichorium from the listed Central and South American countries. One
commenter stated that chicory root poses different pest problems than
stems and leaves and should be addressed separately.
As stated in the proposed rule, we prepared a pest risk assessment
which examined the risks posed by roots, stems, and leaves of all
Cichorium spp. from Central America and South America and found that no
pests would follow the pathway. Therefore, we believe that the general
requirements listed in Sec. 319.56-6 are adequate for
[[Page 75650]]
roots, stems, and leaves of Cichorium spp.
We proposed to list eggplant from Belize, Costa Rica, and Honduras
in Sec. 319.56-2t as eligible for importation into the United States,
but only in commercial shipments. One commenter stated that the
distinction we drew between commercial and noncommercial shipments is
not clear and that the distinguishing characteristics mentioned in the
proposed rule (i.e., quantity of product, type of packaging,
identification of grower and packinghouse, and consigning documents)
are not enough to discourage determined shippers of substandard
products. The commenter was concerned that distinguishing between
commercial and noncommercial shipments would not offer any broad
ranging pest protection to the United States.
In addition to the distinction that we drew between noncommercial
and commercial shipments in the proposed rule, noncommercial shipments
can also refer to articles carried in passenger baggage, while
commercial shipments refer to commodities that are imported under the
condition that specific phytosanitary measures were applied. We
continue to believe, based on the considerations discussed in the
proposed rule, that noncommercial shipments pose a greater risk of pest
introduction because they were not subject to the same mitigation
measures as commercial shipments and that the criteria we apply in
distinguishing between commercial and noncommercial shipments are
effective.
One commenter was concerned that allowing pineapples and apples
from South Africa to be imported without treatment into the United
States could result in the introduction of the oriental red mite
(Eutetranychus orientalis). The commenter stated that oriental red mite
occurs in South Africa and is a serious pest on more than 180 plants,
both crops and ornamentals, many of which are grown in Florida.
While oriental red mite occurs in South Africa, our research
indicates that neither pineapples nor apples are a preferred host of
that pest. If the commenter has additional research that is contrary to
this assertion, we invite him to submit it. Further, pineapples and
apples have both been authorized for importation into the United States
from South Africa for several years, so they were not being proposed
for entry for the first time. With regard to pineapples, the
regulations have indicated that pineapples from South Africa are
approved for entry into all States, but our risk analysis only
evaluated the risks of allowing pineapple entry into the continental
United States. As explained in our proposal, we intended to correct
that oversight by amending Sec. 319.56-2t to limit their distribution
to the continental United States. With regard to apples, we have been
allowing apples from South Africa entry under permit with a prescribed
treatment, and we were simply proposing to add them to Sec. 319.56-2x
to improve the transparency of our regulations.
Leeks From Canada
One commenter stated that the proposed import restrictions for
leeks from Canada should apply only to Quebec and Ontario, because they
are the only two Provinces where the leek moth is known to exist.
We would be willing to consider limiting the applicability of our
import restrictions if the Canadian Food Inspection Agency submits to
APHIS, field surveys or other documentation that demonstrates that
Quebec and Ontario are the only areas within Canada where the leek moth
exists and describes the measures that are being used to prevent the
spread of the pest within Canada.
One commenter stated that ornamental Allium represent a negligible
host for the leek moth and should not be subject to the proposed
mitigation measures.
Ornamental Allium products are not covered under the fruits and
vegetables regulations and therefore would not be subject to the
mitigation measures in this rule.
One commenter stated that some Allium products are being produced
in Mexico, imported into Canada, and then re-exported to the United
States. The commenter stated that those products of non-Canadian origin
should not be impacted by the new regulations.
It would be difficult to determine if a commodity had originated in
Mexico if it is re-exported from Canada because it would be unlikely
that the original packaging would be preserved. Further, it would be
difficult to ensure and verify that there was no commingling between
Allium spp. of Canadian and Mexican origin. If the packaging of Allium
products from Mexico (or another country eligible to export such
products to the United States) remains intact and the shipment is
accompanied by a re-export certificate, then we would not require a
phytosanitary certificate for the shipment. Under any other
circumstances, Allium spp. whole plants or above ground parts imported
in the United States from Canada will be subject to the restrictions
set forth in this final rule.
One commenter stated that the proposed mitigation measures for the
leek moth should not apply to vacuum-packed Allium spp. because vacuum
packing is a mitigation measure itself.
The commenter did not provide, nor do we have, any research
regarding the efficacy of vacuum packing as a mitigation measure for
leek moth. Therefore, we will not add an exemption for vacuum-packed
Allium spp. in this final rule.
We proposed to amend Sec. 319.56-2t allow grapes from Argentina to
be imported into the United States if they are grown in a fruit-fly
free area. For grapes that are grown outside a fruit-fly free area, we
also proposed to amend Sec. 319.56-2x to add grapes from Argentina to
the list of fruits and vegetables that may be imported into the United
States provided that they are treated in accordance with 7 CFR part
305. The regulations in part 305 prescribe cold treatment for fruit
flies and methyl bromide for other pests of grapes from Argentina. The
regulations in part 305 also provide that irradiation may be
substituted for other approved treatments for any of the pests listed
in Sec. 305.31(a). So, while part 305 does allow irradiation to be
substituted for the cold treatment and fumigation prescribed for grapes
from Argentina, one commenter appeared to believe that irradiation was
the sole treatment we were prescribing, which is not the case, and
presented several questions about irradiation. While we believe it
would be unlikely that irradiation would be used for grapes from
Argentina, a summary of the commenter's questions and our responses are
presented below.
The commenter asked specific questions about research on how the
quality of grapes was affected by irradiation and whether or not such
research has been conducted over a time period that approximates
shipping time to match what the end consumer would find in stores.
Those questions are commercial considerations and are not relevant
to the regulatory process. As cautioned in Sec. 305.31(n) of the
regulations, irradiation is approved to assure quarantine security
against listed pests, but the facility operator and shipper are
responsible for determination of tolerance.
The commenter also asked about whether we have conducted any
research on the efficacy of irradiation on table grapes.
The required irradiation doses are specific to plant pests, rather
than the commodities they are associated with.
[[Page 75651]]
Specific characteristics of the fruits or vegetables being treated,
which may need to be considered in developing other phytosanitary
treatments, are irrelevant to the effectiveness of irradiation as long
as the required minimum dose is absorbed.
The commenter also asked if there has been any work done to
determine the cumulative risk factors of allowing fruit and vegetables
from multiple countries into the United States under various protocols
and if so, what is the risk.
We receive requests to authorize the importation of specific fruits
or vegetables from specific countries, so it is in that context (i.e.,
case-by-case, not cumulative) that we evaluate risks and make
decisions.
The commenter asked if irradiation would take place pre-shipment or
post, under what conditions, and if USDA would be approving irradiation
facilities and inspecting the fruit.
As provided in Sec. 305.31, irradiation may take place either in
the United States or outside of the United States prior to shipment. In
either case, the operator of an irradiation facility must sign a
compliance agreement with the Administrator and all irradiation
facilities must be certified by the Administrator. When the treatment
occurs outside the United States, the plant protection organization of
the country where irradiation is to take place must enter into a
facility preclearance workplan and a framework equivalency work plan
with APHIS. The equivalency workplan is a document in which both APHIS
and the foreign plant protection organizations specify the following
information for their respective countries:
Citations for any requirements that apply to the
importation of irradiated articles;
The type and amount of inspection, monitoring, or other
activities that will be required in connection with allowing the
importation of irradiated articles into that country; and
Any other conditions that must be met to allow the
importation of irradiated articles into that country.
The commenter asked what level of inspection would take place.
There is no pre-set level of inspection for grapes or any other
article. The level of inspection applied will vary from commodity to
commodity and shipment to shipment. Inspectors take into account
factors such as pest conditions in the exporting region, the types of
pests and past interceptions associated with the article, whether and
what type of treatment has been applied, the type of packaging (bulk or
loose), the bill of lading and number of containers by each shipper,
and specific targeting activities based on continuing analysis of pest
conditions worldwide.
The commenter asked if fruit flies do not die under irradiation but
are rendered sterile, what is the protocol for determining whether the
irradiation has been effective pre-shipment.
Irradiation is considered effective if flies are killed or if they
are rendered unable to reproduce or emerge from the host as an adult.
Based on research conducted by the USDA's Agricultural Research Service
(ARS), we have determined the necessary irradiation doses, which vary
from pest to pest, to achieve that result. We will ensure that the
commodity received the prescribed dose through dosimetry systems at the
facility and certification of the treatment.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
This rule relieves restrictions on the importation of certain
fruits and vegetables from certain countries while continuing to
protect against the introduction of plant pests into the United States.
Immediate implementation of this rule is necessary to provide relief to
those persons who are adversely affected by restrictions we no longer
find warranted. Making this rule effective immediately will allow
interested producers, importers, shippers, and others to benefit
immediately from the relieved restrictions. Therefore, the
Administrator of the Animal and Plant Health Inspection Service has
determined that this rule should be effective upon publication in the
Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This 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. 604, we have performed a final
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this rule on small entities.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), 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 amending 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 being imported under permit, but are
not specifically listed in the regulations. All of the fruits and
vegetables, as a condition of entry, will be inspected and subject to
treatment at the port of first arrival as may be required by an
inspector. In addition, we will require that some of the fruits and
vegetables be treated or meet other special conditions. We are also
eliminating or modifying existing treatment requirements for specified
commodities and making other miscellaneous changes. These actions will
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 addressed
in this rule 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 entities.
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 many 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.,
chicory, kiwis, and mangoes). In other instances, importation augments
domestic supplies that are not sufficient to meet consumer demand
(e.g., apples, garlic, and onions).
Grapes and Cichorium From Argentina
Grapes from Argentina are already admissible under permit into the
United
[[Page 75652]]
States. The United States imports an average of 490,000 tons of grapes
(7 percent of its domestic supply) per year to satisfy its domestic
demand for consumption.\2\ However, less than 1 percent of these
imports originates in Argentina. The growing season for grapes in
Argentina is opposite of that in the United States, thereby
complementing rather than competing with U.S. grape production.
Therefore, even if we assume that Argentina greatly increases its
exports of grapes to the United States, it is more likely to displace
other countries' share of U.S. imports than to affect the level of U.S.
consumption of domestic grapes. The economic impact on the level of
U.S. grape consumption and production resulting from this change is
expected to be small.
---------------------------------------------------------------------------
\2\ FAOSTAT for production data. USDA/FAS Global Agricultural
Trade System using data from the U.N. Statistical Office. Trade
Data: Harmonized Tariff Schedule for trade data.
---------------------------------------------------------------------------
With respect to cichorium, no official production data are
available in either the United States or Argentina. Therefore, we
assume that both the United States and Argentina are small commercial
producers of cichorium. Between 2000 and 2003, U.S. imports of fresh
cichorium averaged 3.8 thousand tons of a non-witloof variety and 2.5
thousand tons of a witloof variety; none of these imports originated in
Argentina.\3\ Between 2000 and 2003, Argentina's exports of cichorium
to the world as a whole averaged 7 metric tons annually. Even if all of
these exports were directed to the United States, they would only
represent 0.11 percent of U.S. demand for imported cichorium. The
economic impact resulting from this change is not expected to be
substantial.
---------------------------------------------------------------------------
\3\ FAOSTAT for production data. USDA/FAS Global Agricultural
Trade System using data from the U.N. Statistical Office. Trade
Data: Harmonized Tariff Schedule (HS: 070529 non-witloof variety of
chicory, and 070521 fresh chicory of witloof variety).
---------------------------------------------------------------------------
Allium spp. From Canada
Alliaceous vegetables (i.e., onions, shallots, leeks, and garlic)
from Canada can be imported into the United States under the general
permit in Sec. 319.56-2(c) for articles from Canada. Between 2000 and
2003, Canada supplied 19 percent of annual U.S. imports of shallots and
onions, 3 percent of U.S. imports of leeks, and 0.62 percent of U.S.
imports of garlic on average.\4\ U.S. imports amount to less than 10
percent of U.S. production of shallots and onions and less than 15
percent of U.S. garlic production. This rule will add, as a condition
of entry, that each shipment of alliaceous vegetables consisting of the
whole plant or above ground parts be accompanied by a phytosanitary
certificate containing an additional declaration from the Canadian NPPO
that the shipment is free of Acrolepiopsis assectella. We do not expect
exporters to incur any additional expenses as a result of this
requirement. Therefore, U.S. importers/consumers of these commodities
will not see an increase in the cost of alliaceous vegetables from
Canada. Even if exporters of alliaceous vegetables from Canada were to
experience an increase in exporting cost because of the phytosanitary
requirement and pass this on to U.S. importers/consumers, the benefits
of keeping the leek moth out of the United States would outweigh such
an increase in cost. As a result, the economic impact on the U.S. level
of demand for consumption and/or production of alliaceous vegetables is
not expected to be significant.
---------------------------------------------------------------------------
\4\ FAOSTAT for production data. USDA/FAS Global Agricultural
Trade System using data from the U.N. Statistical Office. Trade
Data: Harmonized Tariff Schedule for trade data.
---------------------------------------------------------------------------
Cichorium, Lemons, and Tomatoes (Under a Systems Approach) From Chile
Lemons from Chile are already being imported into the United States
under permit; between 2000 and 2003, 4 percent of annual U.S. imports
of lemons and limes originated in Chile.\5\ We have no reason to expect
that listing lemons from Chile in the regulations will result in an
increase in exports. Even if we assume that Chile increases its exports
of lemons into the United States, it is more likely to displace other
countries' share for U.S. imports of them than to affect the level of
U.S. consumption of domestic lemons. The economic impact resulting from
this change is not expected to be substantial.
---------------------------------------------------------------------------
\5\ Source of Production Data: https://apps.fao.org/faostat/
agriculture/. Production data for lemons include limes. Source of
Trade Data: USDA/FAS Global Agricultural Trade System using data
from the U.N. Statistical Office. Harmonized Tariff Schedule 6
digits.
---------------------------------------------------------------------------
Tomatoes from Chile are already being imported into the United
States if fumigated with methyl bromide. This rule will provide tomato
producers with an alternative to methyl bromide fumigation by providing
for a systems approach. APHIS continues to strive to meet the
objectives of the Montreal Protocol by providing alternatives to methyl
bromide fumigation treatment for fruit and vegetable producers. As
registered producers in Chile already comply with most of the
production practices that will be required under the systems approach,
the requirements will not likely result in any additional economic
burden to tomato producers. In addition, registered producers who
remain in compliance with the program throughout the shipping season
will save money on costly fumigation treatments. Between 2000 and 2003,
0.02 percent of U.S. annual imports of tomatoes originated in Chile.\6\
The total amount of tomatoes from Chile exported to the world between
2000 and 2003 (all varieties) was on average only 2,209 tons or 0.38
percent of U.S. imports. This is Chile's maximum capacity of tomato
exports and is not expected to increase in the short term. This small
amount of imports, whether grown under the systems approach or treated
with methyl bromide, is unlikely to affect the level of U.S.
consumption of domestic tomatoes. The economic impact resulting from
this change is not expected to be substantial.
---------------------------------------------------------------------------
\6\ Source of Production Data: https://apps.fao.org/faostat/
agriculture/. Source of Trade Data: USDA/FAS Global Agricultural
Trade System using data from the U.N. Statistical Office. Harmonized
Tariff Schedule 6 digits.
---------------------------------------------------------------------------
With respect to cichorium, there are no available data on U.S. or
Chilean production. The United States imports approximately 6,000 tons
of cichorium per year. Cichorium is already being imported from Chile
under permit, and Chile is a major source of U.S. cichorium imports,
accounting for approximately 32 percent on average. Because the United
States is such a small producer of cichorium, it is unlikely that this
rule will significantly alter this situation. In fact, the addition of
cichorium into the U.S. market from other countries such as Chile will
be a benefit to U.S. consumers. The economic impact on the level of
U.S. consumption of cichorium, lemons, and tomatoes as a result of
these changes is expected to be small.
New Zealand Spinach From Israel
According to USDA's Foreign Agricultural Service (FAS), in 2000,
the United States imported 1.5 metric tons of New Zealand spinach from
Israel (0.02 percent of U.S. imports of New Zealand spinach in 2000).
However, APHIS' Plant Protection and Quarantine (PPQ) program has no
record of these imports and New Zealand spinach from Israel has not
been admissible into the United States.\7\ Israel is a small
[[Page 75653]]
producer of spinach (all varieties), producing, on average, an amount
equivalent to a quarter of total U.S. spinach imports annually. The
amount imported in 2000 corresponds to 50 percent of Israel's exports.
Even if we assume that Israel will double its exports into the United
States, it could not supply more than 0.04 percent of U.S. demand for
imports of spinach. The economic effects of this change on the level of
U.S. consumption and/or production of spinach are not expected to be
significant.
---------------------------------------------------------------------------
\7\ The United States imported spinach from Israel for the first
time in year 2000, but did not import any Israeli spinach in 2001,
2002, or 2003. Source: U.N. Trade Statistics, FAS Global
Agricultural Trade System using data from the U.N. Statistical
Office. Trade Data: Harmonized Tariff Schedule (HS 6 Digit-- 070970)
spinach fresh or chilled. Source of production data: https://
apps.fao.org/faostat/agriculture/.
---------------------------------------------------------------------------
Kiwi From Italy
Kiwi fruits from Italy can already be imported into the United
States under permit. The United States is a small kiwi producer that
imports almost twice as much as it produces to satisfy its domestic
demand.\8\ Italy supplies approximately 16 percent of U.S. imported
kiwi fruits, and it is unlikely that this will change as a result of
this rule. Even if Italy increased its exports of kiwi to the United
States, it would most likely displace another countries' share because
the United States is such a small producer of kiwi. The economic impact
resulting from this change on the level of U.S. consumption is not
expected to be substantial.
---------------------------------------------------------------------------
\8\ Source: U.N. Trade Statistics, FAS Global Agricultural Trade
System using data from the U.N. Statistical Office.
---------------------------------------------------------------------------
Citrus From New Zealand
Although FAS statistics indicate that between 2001 and 2003, New
Zealand supplied, on average, 0.006 percent of U.S. imports of oranges
and lemons,\9\ APHIS' PPQ has no records of these imports and citrus
fruit from New Zealand has not been admissible into the United States.
New Zealand is a small producer/exporter of citrus, and the country's
exports were equivalent to less than 1 percent of U.S. imports of
citrus on average. Its total citrus production is less than 8 percent
of U.S. imports of citrus as a whole. Because the United States will
import such a small percentage of New Zealand citrus, even if we assume
that New Zealand greatly increases its exports to the United States, it
is unlikely to have a substantial economic impact.
---------------------------------------------------------------------------
\9\ Total citrus trade data here includes the following
categories of fruits: Oranges (HS-6: 080510), mandarins (HS-6:
080520), lemons (HS-6: 080530), and grapefruits (HS-6: 080540).
---------------------------------------------------------------------------
Mangoes From the Philippines
The United States currently imports a very small amount of mangoes
(18 tons per year on average) from the Philippines.\10\ Because the
Philippines is a significant producer of mangoes, allowing mangoes to
be imported into Hawaii and Guam from additional production areas in
the Philippines could result in mango exports from the Philippines
capturing a larger share of those two markets. U.S. mango production is
less than 1 percent of the amount the United States needs to satisfy
its domestic consumption. Between 2001 and 2002, the United States
imported approximately 100 times the amount of its domestic mango
production, with most imports coming from Mexico. Thus, allowing
imports from more islands in the Philippines would be a benefit to U.S.
consumers in Guam and Hawaii. The economic impact of this change on the
level of U.S. consumption or its domestic production of mangoes is not
expected to be significant.
---------------------------------------------------------------------------
\10\ Trade Data: Harmonized Tariff Schedule (HS 6 Digit). Source
of production data: https://apps.fao.org/faostat/agriculture/.
---------------------------------------------------------------------------
Apples and Grapes From South Africa
Apples and grapes from South Africa can already be imported into
the United States under permit. South Africa supplies 3 percent of U.S.
imports of apples and a little less than 2 percent of U.S. imports of
grapes.\11\ With respect to grapes, South African exports alone cannot
satisfy U.S. demand for domestic consumption. Even if South Africa
directs all of its exports of grapes (880,590 tons) into the United
States, it would be only enough to supply 22 percent of U.S. annual
demand. The economic impact of this change on the level of U.S.
consumption and/or domestic production of apples and/or grapes is not
expected to be significant.
---------------------------------------------------------------------------
\11\ Source: U.N. Trade Statistics, FAS Global Agricultural
Trade System using data from the U.N. Statistical Office. Trade
Data: Harmonized Tariff Schedule (HS 6 Digit). Source of production
data: https://apps.fao.org/faostat/agriculture/.
---------------------------------------------------------------------------
Cichorium From Central and South America
There are no official data available for cichorium, either on
production or trade, in the following countries: Bolivia, Brazil,
Colombia, Costa Rica, Ecuador, El Salvador, French Guiana, Guyana,
Honduras, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay, and
Venezuela. Thus, we assume that these countries are very small
producers of cichorium and that they are either not currently exporting
cichorium or are exporting only small amounts. For these reasons, we
cannot determine what the economic effects of this rule will be, but
they are not expected to be significant.
Summary
U.S. importation of the commodities included in this rule is not
expected to have a significant economic impact on U.S. small entities.
The different production season of the Southern Hemisphere, where many
of the fruits and vegetables included in this rule are produced, helps
maintain a steady supply of fresh produce, complementing rather than
competing with U.S. production of these commodities. For those
commodities that are not principal U.S. products, the additional supply
will help satisfy growing demand for these specialty crops. For these
reasons, we believe that any costs due to increased competition that
may be incurred by domestic entities will be minimal, and that those
minimal costs will be outweighed by the benefits associated with this
rule, which include improving the transparency of our regulations and
providing the United States with additional types and sources of fruits
and vegetables while continuing to protect against the introduction of
quarantine pests through imported fruits and vegetables.
This rule contains various recordkeeping requirements, which were
described in our proposed rule, and which have been approved by the
Office of Management and Budget (see ``Paperwork Reduction Act''
below).
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule allows certain fruits and vegetables to be imported
into the United States from certain parts of the world. State and local
laws and regulations regarding the importation of fruits and vegetables
under this rule will be preempted while the fruit is in foreign
commerce. Fresh fruits and vegetables are generally imported for
immediate distribution and sale to the consuming public, and 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. 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.
[[Page 75654]]
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0280.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this 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, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 319.56-1 is amended by adding, in alphabetical order, a
definition for national plant protection organization (NPPO) to read as
follows:
Sec. 319.56-1 Definitions.
* * * * *
National plant protection organization (NPPO). Official service
established by a government to discharge the functions specified by the
International Plant Protection Convention.
* * * * *
0
3. In Sec. 319.56-2, paragraph (c) and the OMB citation at the end of
the section are revised to read as follows:
Sec. 319.56-2 Restrictions on entry of fruits and vegetables.
* * * * *
(c) General permit for fruits and vegetables grown in Canada.
Fruits and vegetables grown in Canada may be imported into the United
States without restriction under this subpart; provided, that:
(1) Consignments of Allium spp. consisting of the whole plant or
above ground parts must be accompanied by a phytosanitary certificate
issued by the NPPO of Canada with an additional declaration stating
that the articles are free from Acrolepipsis assectella (Zeller).
(2) Potatoes from Newfoundland and that portion of the Municipality
of Central Saanich in the Province of British Columbia east of the West
Saanich Road are prohibited importation into the United States in
accordance with Sec. 319.37-2 of this part.
* * * * *
(Approved by the Office of Management and Budget under control numbers
0579-0049 and 0579-0280)
0
4. Section 319.56-2t is amended as follows:
0
a. In the table in paragraph (a), by:
0
i. Revising the following entries to read as set forth below: Under
Belize, for rambutan; under Bermuda, for longan; under Costa Rica, for
rambutan; under El Salvador, for loroco and rambutan; under Grenada,
for litchi and rambutan; under Guatemala, for eggplant and rambutan;
under Honduras, for rambutan; under Mexico, for banana and rambutan;
under Nicaragua, for loroco and rambutan; under Panama, for eggplant
and rambutan; under Peru, for Swiss chard; under Sierra Leone, for
cassava; and under South Africa, for pineapple.
0
ii. Removing the following entries: Under Argentina, for endive; under
Bolivia, for Belgian endive; under Ecuador, for radicchio; under
Honduras, for chicory; under Nicaragua, for radicchio; under Panama,
for Belgian endive, chicory, and endive; under Peru, for radicchio; and
under Republic of Korea, for chard.
0
iii. Adding, in alphabetical order, the following entries to read as
set forth below: Under Argentina, for cichorium and grape; under
Belize, for cichorium and eggplant; under Bolivia, for cichorium; under
Chile, for cichorium; under Colombia, for cichorium; under Costa Rica,
for cichorium and eggplant; under Ecuador, for cichorium; under El
Salvador, for cichorium; under French Guinea, for cichorium; under
Guatemala, for cichorium; under Honduras, for cichorium and eggplant;
under Israel, for New Zealand spinach; under New Zealand, for citrus;
under Nicaragua, for cichorium; under Panama, for cichorium; under
Peru, for cichorium; under Republic of Korea, for Swiss chard; and
under Suriname, for cichorium.
0
iv. Adding entries for Bahamas, Brazil, French Guiana, Guyana,
Paraguay, Uruguay, and Venezuela to read as set forth below.
0
b. In paragraph (b), by adding new paragraphs (b)(2)(v), (b)(5)(vi),
(b)(5)(vii), and (b)(6)(v) to read as set forth below.
0
c. By revising the OMB citation at the end of the section to read as
set forth below.
Sec. 319.56-2t Administrative instructions: Conditions governing the
entry of certain fruits and vegetables.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Additional restriction(s)
Country/locality Common name Botanical name Plant part(s) (see paragraph (b) of this
section)
----------------------------------------------------------------------------------------------------------------
Argentina
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Grape........... Vitis spp...... Fruit.......... (b)(1)(ii).
* * * * * * *
Bahamas...................... Citrus.......... Citrus spp..... Fruit.......... (b)(5)(vi), (b)(6)(v).
* * * * * * *
Belize
[[Page 75655]]
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Eggplant........ Solanum Fruit.......... (b)(3).
melongena.
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. cluster.
* * * * * * *
Bermuda
* * * * * * *
Longan.......... Dimocarpus Fruit or
longan. cluster.
* * * * * * *
Bolivia...................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
Brazil....................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
Chile
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Colombia..................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Costa Rica
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Eggplant........ Solanum Fruit.......... (b)(3).
melongena.
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. cluster.
* * * * * * *
Ecuador
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
El Salvador
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Loroco.......... Fernaldia spp.. Flower and leaf
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. clusters.
* * * * * * *
French Guiana................ Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Grenada
* * * * * * *
Litchi.......... Litchi Fruit or
chinensis. cluster.
* * * * * * *
Rambutan........ Nephelium Fruit or
lappaceum. cluster.
* * * * * * *
Guatemala
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
[[Page 75656]]
* * * * * * *
Eggplant........ Solanum Fruit.......... (b)(3).
melongena.
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. cluster.
* * * * * * *
Guyana....................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Honduras
* * * * * * *
Cichorium....... Cichorium spp.. Leaf, stems,
and roots.
* * * * * * *
Eggplant........ Solanum Fruit.......... (b)(3).
melongena.
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. cluster.
* * * * * * *
Israel
* * * * * * *
New Zealand Tetragonia Leaves.........
spinach. tetragonioides.
* * * * * * *
Mexico
* * * * * * *
Banana.......... Musa spp....... Flower and leaf
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. cluster.
* * * * * * *
New Zealand
* * * * * * *
Citrus.......... Citrus spp..... Fruit.......... (b)(3), (b)(5)(vii).
* * * * * * *
Nicaragua.................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Loroco.......... Fernaldia spp.. Flower and leaf
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. cluster.
* * * * * * *
Panama
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
Eggplant........ Solanum Fruit.......... (b)(3).
melongena.
* * * * * * *
Rambutan........ Nephelium Fruit or (b)(2)(i), (b)(5)(iii).
lappaceum. cluster.
* * * * * * *
Paraguay..................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
Peru
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Swiss chard..... Beta vulgaris Leaf and stem..
subsp. cicla.
[[Page 75657]]
* * * * * * *
Republic of Korea
* * * * * * *
Swiss chard..... Beta vulgaris Leaf and stem..
subsp. cicla.
* * * * * * *
Sierra Leone................. Cassava......... Manihot Leaf and root.. .............................
esculenta.
* * * * * * *
South Africa
* * * * * * *
Pineapple....... Ananas spp..... Fruit.......... (b)(2)(v).
* * * * * * *
Suriname
* * * * * * *
Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
Uruguay...................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
Venezuela.................... Cichorium....... Cichorium spp.. Leaves, stems,
and roots.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(b) * * *
(2) * * *
(v) Prohibited entry into Puerto Rico, Virgin Islands, Northern
Mariana Islands, Hawaii, and Guam. Cartons in which commodity is packed
must be stamped ``For distribution in the continental United States
only.''
* * * * *
(5) * * *
(vi) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the fruit is from an area where citrus canker (Xanthomonas
citri (Hasse) Dowson) is not known to occur.
(vii) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin and with an additional declaration
stating that the fruit is free from Cnephasia jactatana, Coscinoptycha
improbana, Ctenopseustis obliquana, Epiphyas postvittana, Pezothrips
kellyanus, and Planotortrix excessana; must undergo a port of entry
inspection with a biometric sampling of 100 percent of 30 boxes
selected randomly from each shipment; and the randomly selected boxes
must be examined for hitchhiking pests.
(6) * * *
(v) Grapefruit (Citrus paradisi), lemon (Citrus limon), orange
(Citrus sinensis), and tangelo (Citrus reticulata) only.
(Approved by the Office of Management and Budget under control numbers
0579-0049, 0579-0236, 0579-0264, and 0579-0280)
0
5. In Sec. 319.56-2x, the table in paragraph (a) is amended as
follows:
0
a. By revising the following entries to read as set forth below: Under
China, for litchi and longan; under India, for litchi; under Israel,
for litchi; and under Taiwan, for litchi.
0
b. By removing, under El Salvador, the entry for garden bean and by
adding, in alphabetical order, the following entries to read as set
forth below: Under Argentina, for grape; under Chile, for lemons; and
under El Salvador, for green bean.
0
c. By adding, in alphabetical order, entries for Italy and the Republic
of South Africa 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)
----------------------------------------------------------------------------------------------------------------
Argentina
* * * * * * *
Grape................. Vitis spp............. Fruit. (Treatment for
Anastrepha spp. fruit
flies and Medfly not
required if fruit is grown
in a fruit fly-free area
(see Sec. 319.56-2(j)).
* * * * * * *
Chile.............................. Lemon................. Citrus limon.......... Fruit.
* * * * * * *
China.............................. Litchi................ Litchi chinensis...... Fruit or cluster.
(Prohibited entry into
Florida due to litchi rust
mite. Cartons in which
litchi are packed must be
stamped ``Not for
importation into or
distribution in FL.'')
Longan................ Dimocarpus longan..... Fruit or cluster
[[Page 75658]]
* * * * * * *
El Salvador........................ Green bean............ Phaseolus vulgaris.... Pod or shelled.
* * * * * * *
India.............................. Litchi................ Litchi chinensis...... Fruit or cluster
(Prohibited entry into
Florida due to litchi rust
mite. Cartons in which
litchi are packed must be
stamped ``Not for
importation into or
distribution in FL.'')
Israel
* * * * * * *
Litchi................ Litchi chinensis...... Fruit or cluster.
(Prohibited entry into
Florida due to litchi rust
mite. Cartons in which
litchi are packed must be
stamped ``Not for
importation into or
distribution in FL.'')
* * * * * * *
Italy.............................. Kiwi.................. Actinidia deliciosa... Fruit.
* * * * * * *
Republic of South Africa........... Apple................. Malus domestica....... Fruit.
Grape................. Vitis spp............. Fruit.
* * * * * * *
Taiwan
* * * * * * *
Litchi................ Litchi chinensis...... Fruit or cluster.
(Prohibited entry into
Florida due to litchi rust
mite. Cartons in which
litchi are packed must be
stamped ``Not for
importation into or
distribution in FL.'')
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
6. Section 319.56-2dd is amended as follows:
0
a. By revising the introductory text of paragraph (d) to read as set
forth below.
0
b. By redesignating paragraphs (d)(1), (d)(2), and (d)(3) as paragraphs
(d)(1)(i), (d)(1)(ii), and (d)(1)(iii), respectively, and by adding new
introductory text of paragraph (d)(1) to read as set forth below.
0
c. In newly redesignated paragraph (d)(1)(iii), in the first sentence,
by adding the words ``with treatment in accordance with this paragraph
(d)(1)'' after the word ``Chile''.
0
d. By adding a new paragraph (d)(2) to read as set forth below.
0
e. By revising the OMB citation at the end of the section to read as
set forth below.
Sec. 319.56-2dd Administrative instructions: conditions governing the
entry of tomatoes.
* * * * *
(d) Tomatoes from Chile. Tomatoes (fruit) (Lycopersicon esculentum)
from Chile, whether green or at any stage of ripeness, may be imported
into the United States with treatment in accordance with paragraph
(d)(1) of this section or if produced in accordance with the systems
approach described in paragraph (d)(2) of this section.
(1) With treatment. * * *
(2) Systems approach. The tomatoes may be imported without
fumigation
