FR Doc 05-6269

[Federal Register: March 31, 2005 (Volume 70, Number 61)]
[Proposed Rules]
[Page 16431-16445]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr05-16]

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Proposed Rules
Federal Register
________________________________________________________________________

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

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[[Page 16431]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-048-1]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

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

ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or

view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 03-048-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 03-048-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this

docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.

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

SUPPLEMENTARY INFORMATION:

Background

Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary
of Agriculture is authorized to regulate the importation of plants,
plant products, and other articles to prevent the introduction of plant
pests into the United States or the dissemination of plant pests within
the United States.
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56
through 319.56-8, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
spread of plant pests that are new to or not widely distributed within
the United States.
In this document, we are proposing to amend the regulations to list
a number of fruits and vegetables from certain parts of the world as
eligible, under specified conditions, for importation into the United
States. Many of these fruits and vegetables are already eligible for
importation under permit, but are not specifically listed in the
regulations. All of the fruits and vegetables, as a condition of entry,
would be inspected and subject to treatment at the port of first
arrival as may be required by an inspector. In addition, some of the
fruits and vegetables would have to meet other special conditions. We
are also proposing to recognize areas in several countries as free from
certain fruit flies; add an alternative treatment for specified
commodities; provide for the importation of untreated citrus from
Mexico for processing under certain conditions; and to add, modify, or
remove certain definitions make other miscellaneous changes. Our
proposed amendments are discussed below by topic.

Fruits and Vegetables Eligible for Entry Under Permit

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

[[Page 16432]]

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

Inspected and Subject to Disinfection

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

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

[[Page 16433]]

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

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

Fruit From Fruit Fly-Free Areas

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

Papayas and Pineapples

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

[[Page 16434]]

Papayas From Central America and Brazil

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

Field-Grown Grapes

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

Irradiation Treatment

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

Blueberries From South America

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

[[Page 16435]]

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

Fruit Fly-Free Areas in Argentina

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

Movement of Fruit From Pest-Free Areas

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

Grapefruit, Sweet Oranges, and Tangerines From Mexico

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

[[Page 16436]]

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

Definitions

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

Treatments

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

Notice of Quarantine

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

Changes in Terminology

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

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this proposed rule on small entities. Based on the
information we have, there

[[Page 16437]]

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

Impact on Small Entities

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

Papayas From Brazil and Central America

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

Fruit Fly Free Areas

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

Citrus From Mexico

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

[[Page 16438]]

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

Blueberries From Colombia

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

Blueberries From South America

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

Executive Order 12988

This proposed rule would allow certain fruits and vegetables to be
imported into the United States from certain parts of the world. If
this proposed rule is adopted, State and local laws and regulations
regarding the importation of fruits and vegetables would be preempted
while the fruits and vegetables are in foreign commerce. Fresh fruits
and vegetables are generally imported for immediate distribution and
sale to the consuming public and would remain in foreign commerce until
sold to the ultimate consumer. The question of when foreign commerce
ceases in other cases must be addressed on a case-by-case basis. If
this proposed rule is adopted, no retroactive effect will be given to
this rule, and this rule will not require administrative proceedings
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 03-048-1.
Please send a copy of your comments to: (1) Docket No. 03-048-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue,
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
In this document, we are proposing to allow a number of fruits and
vegetables from certain countries of the world to be imported into the
United States, under specified conditions. Before entering the United
States, all of the fruits and vegetables would be subject to inspection
and disinfection at the port of first arrival in the United States to
ensure that no plant pests are inadvertently brought into the United
States. These precautions, along with other requirements, would ensure
that these items can be imported into the United States with a minimal
risk of introducing exotic plant pests such as fruit flies.
Allowing these fruits and vegetables to be imported would
necessitate the use of certain information collection activities,
including the completion of import permits, phytosanitary certificates,
and fruit fly monitoring records.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 4.4 hours per response.
Respondents: Growers, shippers, national plant protection
organizations.
Estimated annual number of respondents: 1.
Estimated annual number of responses per respondent: 5.
Estimated annual number of responses: 5.
Estimated total annual burden on respondents: 22 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.

Government Paperwork Elimination Act Compliance

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

[[Page 16439]]

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

List of Subjects in 7 CFR Part 319

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

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

PART 319--FOREIGN QUARANTINE NOTICES

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

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

Sec. 319.56 [Amended]

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

Sec. 319.56-1 Definitions.

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

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

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

Sec. 319.56-2c [Amended]

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

Sec. 319.56-2d [Amended]

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

Sec. 319.56-2g [Amended]

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

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

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

[[Page 16440]]

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

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

Approved fumigation with methyl bromide at normal atmospheric
pressure, in accordance with the Plant Protection and Quarantine
Treatment Manual (which is incorporated by reference at Sec. 300.1 of
this chapter), is hereby prescribed as a condition of entry under
permit for all shipments of field-grown grapes from the continental
countries of Asia, Europe, North Africa, and the Near East listed in
paragraph (a) of this section. This fumigation shall be in addition to
other conditions of entry for field-grown grapes from the areas named.
(a) Continental countries of Asia, Europe, North Africa, and the
Near East. The term ``continental countries of Asia, Europe, North
Africa, and the Near East'' means Algeria, Armenia, Austria,
Azerbaijan, Belarus, Bulgaria, Cyprus, Egypt, Estonia, France, Georgia,
Germany, Greece, Hungary, Israel, Italy, Kazakhstan, Kyrgyzstan,
Latvia, Libya, Lithuania, Luxembourg, Portugal, Republic of Moldova,
Russian Federation, Spain, Switzerland, Syria, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan.
* * * * *

Sec. 319.56-2l [Amended]

10. In Sec. 319.56-2l, paragraph (b)(2)(ii) would be amended by
removing the words ``Deputy Administrator of the Plant Protection and
Quarantine Programs'' both times they appear and adding the word
``Administrator'' in their place.

Sec. 319.56-2m [Amended]

11. Section 319.56-2m would be amended as follows:
a. In the introductory text of the section, by removing the words
``the following procedure'' and adding the words ``the Plant Protection
and Quarantine Treatment Manual (which is incorporated by reference at
Sec. 300.1 of this chapter)'' in their place.
b. In paragraph (b), by removing the words ``the following
schedule:'' and adding the words ``the Plant Protection and Quarantine
Treatment Manual.'' in their place, and by removing the subsequent
table.
c. In paragraph (e), by removing the words ``paragraph (b) of this
section'' and adding the words ``the Plant Protection and Quarantine
Treatment Manual'' in their place.

Sec. 319.56-2n [Amended]

12. Section 319.56-2n would be amended as follows:
a. In the introductory text of the section, by removing the words
``the procedures described in this section'' and adding the words ``the
Plant Protection and Quarantine Treatment Manual (which is incorporated
by reference at Sec. 300.1 of this chapter)'' in their place.
b. In the introductory text of paragraph (b), by removing the words
``the following table:'' and adding the words ``the Plant Protection
and Quarantine Treatment Manual.'' in their place and by removing the
subsequent table.
c. By removing paragraphs (b)(1) and (b)(2).

Sec. 319.56-2p [Amended]

13. In Sec. 319.56-2p, paragraph (b)(7) would be amended by
removing the words ``Deputy Administrator of the Plant Protection and
Quarantine Programs'' and adding the word ``Administrator'' in their
place.
14. Section 319.56-2t would be amended as follows:
a. In the table in paragraph (a), by revising the entry for jicama
from Mexico and by adding, in alphabetical order, entries for the
following fruits and vegetables to read as set forth below: Under
Argentina, for allium, apple, apricot, blueberry, cherry, kiwi,
nectarine, peach, pear, plum, pomegranate, and quince; under Belgium,
for cichorium; under Belize, for pepper; under Bolivia, for blueberry;
under Chile, for apple, asparagus, avocado, blackberry, blueberry,
cherry, pear, and raspberry; under China, for ginger root; under
Colombia, for banana and blueberry; under Costa Rica, for banana,
carrot, and cucurbit; under Dominican Republic, for avocado, banana,
breadfruit, cassava, celeriac, citrus, cucurbit, dasheen, genip,
papaya, pepper, and pineapple; under Ecuador, for blueberry and
pineapple; under Guatemala, for banana, cichorium, cucurbit, and okra;
under Honduras, for cucurbit and okra; under Israel, for basil; under
Jamaica, for cucurbit and papaya; under Mexico, for artichoke, globe;
artichoke, Jerusalem; basil, blackberry, celery, cichorium, dill,
lettuce, oregano, pepper, raspberry, spinach, strawberry, Swiss chard,
and tomatillo; under Netherlands, for cichorium, cucurbit, and
eggplant; under Nicaragua, for banana and dasheen; under Panama, for
cucurbit; under Peru, for banana and blueberry; under Spain, for
cucurbit and lemon; and under Trinidad and Tobago, for cucurbit.
b. By adding to the table in paragraph (a) new entries for
``Brazil'' and ``Venezuela''.
c. By adding a new paragraph (b)(6) to read as set forth below.

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

* * * * *

----------------------------------------------------------------------------------------------------------------
Additional restrictions
Country/locality Common name Botanical name Plant part(s) (See paragraph (b) of
this section.)
----------------------------------------------------------------------------------------------------------------
Argentina................... Allium......... Allium spp.......... Whole plant....
Apple.......... Malus domestica..... Fruit.......... (b)(1)(ii)
Apricot........ Prunus americana.... Fruit.......... (b)(1)(ii)

* * * * * * *
Blueberry...... Vaccinium spp....... Fruit..........
Cherry......... Prunus avirum, P. Fruit.......... (b)(1)(ii)
cerasus.

* * * * * * *
Kiwi........... Actinidia deliciosa. Fruit.......... (b)(1)(ii)

* * * * * * *
Nectarine...... Prunus persica var. Fruit.......... (b)(1)(ii)
nucipersica.

[[Page 16441]]

* * * * * * *
Peach.......... Prunus persica var. Fruit.......... (b)(1)(ii)
persica.
Pear........... Pyrus communis...... Fruit.......... (b)(1)(ii)
Plum........... Prunus domestica Fruit.......... (b)(1)(ii)
subsp. domestica.
Pomegranate.... Punica granatum..... Fruit.......... (b)(1)(ii)
Quince......... Cydonia oblonga..... Fruit.......... (b)(1)(ii)

* * * * * * *
Belgium..................... Cichorium...... Cichorium spp....... Above ground (b)(6)(i)
parts.

* * * * * * *
Belize......................

* * * * * * *
Pepper......... Capsicum spp........ Fruit.......... (b)(6)(ii)

* * * * * * *
Bolivia.....................

* * * * * * *
Blueberry...... Vaccinium spp....... Fruit..........
Brazil...................... Dasheen........ Colocasia esculenta. Whole plant....
Ginger root.... Zingiber officinale. Root...........
Chile.......................

* * * * * * *
Apple.......... Malus domestica..... Fruit.......... (b)(1)(ii)
Asparagus...... Asparagus Whole plant....
officinalis.
Avocado........ Persea americana.... Fruit.......... (b)(1)(ii)

* * * * * * *
Blackberry..... Rubus spp........... Fruit..........
Blueberry...... Vaccinium spp....... Fruit..........
Cherry......... Prunus avium, P. Fruit.......... (b)(1)(ii)
cerasus.

* * * * * * *
Pear........... Pyrus communis...... Fruit.......... (b)(1)(ii)

* * * * * * *
Raspberry...... Rubus spp........... Fruit..........

* * * * * * *
China.......................

* * * * * * *
Ginger root.... Zingiber officinale. Root...........
Colombia.................... Banana......... Musa spp............ Leaf and Fruit.
Blueberry...... Vaccinium spp....... Fruit..........

* * * * * * *
Costa Rica.................. Banana......... Musa spp............ Leaf and Fruit.

* * * * * * *
Carrot......... Daucus carota ssp. Whole plant....
sativus.

* * * * * * *
Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.

* * * * * * *
Dominican Republic.......... Avocado........ Persea americana.... Fruit..........

* * * * * * *
Banana......... Musa spp............ Fruit..........
Breadfruit..... Artocarpus altilis.. Fruit..........
Cassava........ Manihot esculenta... Root...........
Celeriac....... Apium graveolens Whole plant....
var. dulce.
Citrus......... Citrus spp.......... Fruit.......... (b)(6)(iii)
Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.
Dasheen........ Colocasia esculenta. Whole plant....

* * * * * * *
Genip.......... Melicoccus bijugatus Fruit..........

[[Page 16442]]

Papaya......... Carica papaya....... Fruit.......... (b)(2)(iii)
Pepper......... Capsicum spp........ Fruit..........
Pineapple...... Ananas comosus...... Fruit.......... (b)(2)(iii)
Ecuador.....................

* * * * * * *
Blueberry...... Vaccinium spp....... Fruit..........

* * * * * * *
Pineapple...... Ananas comosus...... Fruit.......... (b)(2)(iii)

* * * * * * *
Guatemala...................

* * * * * * *
Banana......... Musa spp............ Leaf and Fruit.

* * * * * * *
Cichorium...... Cichorium spp....... Above ground (b)(6)(i)
parts.
Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.

* * * * * * *
Okra........... Abelmoschus Pod............
esculentus.

* * * * * * *
Honduras....................

* * * * * * *
Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.

* * * * * * *
Okra........... Abelmoschus Pod............
esculentus.

* * * * * * *
Israel......................

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

* * * * * * *
Jamaica..................... Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.

* * * * * * *
Papaya......... Carica papaya....... Above ground (b)(2)(iii), (b)(3)
parts.

* * * * * * *
Mexico......................

* * * * * * *
Artichoke, Cynara scolymus..... Immature flower
globe. head.
Artichoke, Helianthus tubersus. Whole plant....
Jerusalem.

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

* * * * * * *
Blackberry..... Rubus spp........... Fruit..........

* * * * * * *
Celery......... Apium graveolens var Whole plant....
dulce.
Cichorium...... Cichorium spp....... Above ground (b)(6)(i)
parts.

* * * * * * *
Dill........... Anethum graveolens.. Above ground
parts.

* * * * * * *
Jicama or yam Pachyrhizus Root...........
bean. tuberosus, P.
erosus.

* * * * * * *
Lettuce........ Lactuca sativa...... Whole plant....

[[Page 16443]]

* * * * * * *
Oregano........ Origanum spp........ Above ground
parts.

* * * * * * *
Pepper......... Capsicum spp........ Fruit.......... (b)(6)(ii)

* * * * * * *
Raspberry...... Rubus spp........... Fruit..........

* * * * * * *
Spinach........ Spinacia oleracea... Whole plant....
Strawberry..... Fragaria spp........ Fruit..........
Swiss chard.... Beta vulgaris var. Whole plant....
cicla.

* * * * * * *
Tomatillo...... Physalis ixocarpa... Whole plant....

* * * * * * *
Netherlands................. Cichorium...... Cichorium spp....... Above ground (b)(6)(i)
parts.
Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.
Eggplant....... Solanum melongena... Fruit..........

* * * * * * *
Nicaragua................... Banana......... Musa spp............ Leaf and Fruit.

* * * * * * *
Dasheen........ Colocasia esculenta. Tuber.

* * * * * * *
Panama......................

* * * * * * *
Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.

* * * * * * *
Peru........................

* * * * * * *
Banana......... Musa spp............ Leaf and Fruit.

* * * * * * *
Blueberry...... Vaccinium spp....... Fruit..........

* * * * * * *
Spain....................... Cucurbit....... Cucurbitaceae....... Above ground (b)(3)
parts.

* * * * * * *
Lemon.......... Citrus limon........ Fruit.......... (b)(3), (b)(6)(iv)

* * * * * * *
Trinidad and Tobago......... Cucurbit....... Cucurbitaceae....... Above ground (b)(2)(iii), (b)(3)
parts.

* * * * * * *
Venezuela................... Banana......... Musa spp............ Fruit..........

* * * * * * *
----------------------------------------------------------------------------------------------------------------

(b) * * *
(6) Plant types.
(i) Chicory (Cichorium intybus) and endive (Cichorium endiva) only.
(ii) Rocoto pepper or chamburoto (Capsicum pubescens) prohibited.
(iii) Grapefruit (Citrus paradisi), lemon (Citrus limon), orange
(Citrus sinensis), sour lime (Citrus aurantiifolia), and tangerine
(Citrus reticulata) only.
(iv) Smooth skinned variety only.
* * * * *
15. Section 319.56-2v would be amended as follows:
a. In the introductory text of paragraph (a), by removing the word
``Dacus'' and adding the word ``Bactrocera'' in its place.
b. In paragraph (c), by removing the word ``Dacus'' and adding the
word ``Bactrocera'' in its place and by adding a new sentence after the
last sentence to read as set forth below.

Sec. 319.56-2v Conditions governing the entry of citrus from
Australia.

* * * * *
(c) * * * Irradiation treatments found at part 305 of this chapter
may be used as an alternative to the cold treatment described in this
paragraph.
16. Section 319.56-2w would be amended as follows:

[[Page 16444]]

a. By revising paragraph (a)(1) to read as set forth below.
b. In paragraph (a)(6), by adding the word ``Leon,'' after the word
``Granada,''.
c. In paragraph (c), by removing the words ``49 [deg]C (120.2
[deg]F)'' and adding the words ``48 [deg]C (118.4 [deg]F)'' in their
place.

Sec. 319.56-2w Administrative instruction; conditions governing the
entry of papayas from Central America and Brazil.

* * * * *
(a) * * *
(1) Brazil: State of Espirito Santo; all areas in the State of
Bahia that are between the Jequitinhonha River and the border with the
State of Espirito Santo and all areas in the State of Rio Grande del
Norte that contain the following municipalities: Touros, Pureza, Rio do
Fogo, Barra de Maxaranguape, Taipu, Ceara Mirim, Extremoz, Ielmon
Marinho, Sao Goncalo do Amarante, Natal, Maciaba, Parnamirim, Veracruz,
Sao Jose de Mipibu, Nizia Floresta, Monte Aletre, Areas, Senador
Georgino Avelino, Espirito Santo, Goianinha, Tibau do Sul, Vila Flor,
and Canguaretama e Baia Formosa.
* * * * *
17. In Sec. 319.56-2x, paragraph (a), the table would be amended
as follows:
a. Under Argentina, by removing the entry for blueberry and by
revising the entry for kiwi and adding, in alphabetical order, entries
for apple, apricot, cherry, nectarine, peach, pear, plum, pomegranate,
and quince to read as set forth below.
b. By removing the entry for Bolivia.
c. Under Chile, by adding, in alphabetical order, entries for
apple, avocado, cherry, and pear to read as set forth below.
d. By removing the entry for Ecuador.
e. Under Israel, by removing the entry for cactus and adding, in
alphabetical order, an entry for tuna to read as set forth below.
f. By removing the entry for Peru.

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

* * * * *

----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina........................ Apple............... Malus domestica.... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Apricot............. Prunus armeniaca... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Cherry.............. Prunus avium, P. Fruit. (Treatment for
cerasus. Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Kiwi................ Actinidia deliciosa Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Nectarine........... Prunus persica var. Fruit. (Treatment for
nucipersica. Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Peach............... Prunus persica var. Fruit. (Treatment for
persica. Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Pear................ Pyrus communis..... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Plum................ Prunus domestica Fruit. (Treatment for
subsp. domestica. Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Pomegranate......... Punica granatum.... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Quince.............. Cydonia oblonga.... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).

* * * * * * *
Chile............................ Apple............... Malus domestica.... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Avocado............. Persea americana... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).
Cherry.............. Prunus avium, P. Fruit. (Treatment for
cerasus. Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).

* * * * * * *
Pear................ Pyrus communis..... Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).

* * * * * * *
Israel...........................

* * * * * * *
Tuna................ Opuntia spp........ Fruit. (Treatment for
Mediterranean fruit fly (Medfly)
not required if fruit is grown in
a Medfly free area (see Sec.
319.56-2(j)).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec. 319.56-2gg [Amended]

18. In Sec. 319.56-2gg, paragraph (d) would be amended by removing
the word ``Deputy''.
19. A new Sec. 319.56-2nn would be added to read as follows:

Sec. 319.56-2nn Administrative instructions; conditions governing the
importation of untreated grapefruit, sweet oranges, and tangerines from
Mexico for processing.

Untreated grapefruit (Citrus paradisi), sweet oranges (Citrus
sinensis), and tangerines (Citrus reticulata) may be

[[Page 16445]]

imported into the United States from Mexico for processing if they
originate from production sites in Mexico that are approved by APHIS
because they meet the following conditions and any other conditions
determined by the Administrator to be necessary to mitigate the pest
risk that such fruits pose:
(a) Application of sterile insect technique. Production sites, and
a surrounding 1.5 mile buffer area, must be administered under an
APHIS-approved preventative release program using sterile insect
technique for the Mexican fruit fly (Anastrepha ludens).
(b) Fruit fly trapping protocol. (1) Trapping densities. In areas
where grapefruit, sweet oranges, and tangerines are produced for export
to the United States, APHIS approved traps and lures must be placed in
production sites and surrounding 1.5 mile buffer areas as follows:
(i) For Mexican fruit fly (Anastrepha ludens) and Sapote fruit fly
(Anastrepha serpentina): One trap per 10 hectares.
(ii) For Mediterranean fruit fly (Ceratitis capitata): One to four
traps per 250 hectares.
(2) Fruit fly catches. Upon trapping of a Mexican fruit fly, Sapote
fruit fly, or Mediterranean fruit fly in a production site or buffer
area, exports from that production site are prohibited until the
Administrator determines that the phytosanitary measures taken have
been effective to allow the resumption of export from that production
site.
(3) Monitoring. The trapping program must be monitored under an
APHIS-approved quality control program.
(c) Safeguarding. Fruit must be safeguarded against fruit fly
infestation using methods approved by APHIS from the time of harvest
until processing in the United States.
(d) Phytosanitary certificate. Each shipment must be accompanied by
a phytosanitary certificate issued by Mexico's national plant
protection organization that contains additional declarations stating
that the requirements of paragraphs (a), (b), and (c) of this section
have been met.
(e) Ports. The harvested fruit may enter the United States only
through a port of entry located in one of the Texas counties listed in
Sec. 301.64-3(c) of this chapter.
(f) Route of transit. Harvested fruit must travel on the most
direct route to the processing plant from its point of entry into the
United States as specified in the import permit. Such fruit may not
enter or transit areas other than the Texas counties listed in Sec.
301.64-3(c) of this chapter.
(g) Approved destinations. Processing plants within the United
States must be located within an area in Texas that is under an APHIS-
approved preventative release program using sterile insect technique
for Mexican fruit fly.
(h) Compliance agreements. Processing plants within the United
States must enter into a compliance agreement with APHIS in order to
handle grapefruit, sweet oranges, and tangerines imported from Mexico
in accordance with this section. APHIS will only enter into compliance
agreements with facilities that handle and process grapefruit, sweet
oranges, and tangerines from Mexico in such a way as to eliminate any
risk that exotic fruit flies could be disseminated into the United
States, as determined by APHIS.

Done in Washington, DC, this 24th day of March 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-6269 Filed 3-30-05; 8:45 am]

BILLING CODE 3410-34-P