Federal Register / Vol. 62, No. 186 / Thursday
Total Page:16
File Type:pdf, Size:1020Kb
Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50231 before parties may file suit in court § 319.74±4 [Removed] EFFECTIVE DATE: September 25, 1997. challenging this rule. 6. Section 319.74±4 and footnote 1 are FOR FURTHER INFORMATION CONTACT: Mr. removed. Paperwork Reduction Act Ronald Campbell, Staff Officer, Port Operations, PPQ, APHIS, 4700 River § 319.74±5 [Removed] This rule contains no new Road Unit 136, Riverdale, MD 20737± information collection or recordkeeping 7. Section 319.74±5 is removed. 1236; (301) 734±6799. requirements under the Paperwork § 319.74±6 [Redesignated] Reduction Act of 1995 (44 U.S.C. 3501 SUPPLEMENTARY INFORMATION: 8. Section 319.74±6 is redesignated as et seq.). Further, this rule eliminates the § 319.74±4. Background information collection or recordkeeping The regulations in 7 CFR 319.56 requirements in 7 CFR 319.74. § 319.74±7 [Removed] through 319.56±8 (referred to below as Regulatory Reform 9. Section 319.74±7 is removed. ``the regulations'') prohibit or restrict This action is part of the President's Done in Washington, DC, this 22nd day of the importation of fruits and vegetables September 1997. Regulatory Reform Initiative, which, into the United States from certain parts among other things, directs agencies to Terry L. Medley, of the world to prevent the introduction remove obsolete and unnecessary Administrator, Animal and Plant Health and dissemination of fruit flies and regulations and to find less burdensome Inspection Service. other injurious plant pests that are new ways to achieve regulatory goals. [FR Doc. 97±25486 Filed 9±24±97; 8:45 am] to or not widely distributed within and BILLING CODE 3410±34±P throughout the United States. List of Subjects in 7 CFR Part 319 On March 25, 1997, we published in Bees, Coffee, Cotton, Fruits, Honey, the Federal Register (62 FR 14037± Imports, Incorporation by reference, DEPARTMENT OF AGRICULTURE 14044, Docket No. 96±046±1) a proposal Nursery stock, Plant diseases and pests, to amend the regulations by allowing Animal and Plant Health Inspection certain previously prohibited fruits and Quarantine, Reporting and Service recordkeeping requirements, Rice, vegetables to be imported into the United States from certain parts of the Vegetables. 7 CFR Part 319 Accordingly, 7 CFR part 319 is world under specified conditions. The amended as follows: [Docket No. 96±046±3] importation of these fruits and vegetables had been prohibited because PART 319ÐFOREIGN QUARANTINE Importation of Fruits and Vegetables of the risk that the fruits and vegetables NOTICES AGENCY: Animal and Plant Health could introduce fruit flies or other Inspection Service, USDA. injurious plant pests into the United 1. The authority citation for part 319 States. We proposed to allow these ACTION: Final rule. continues to read as follows: importations at the request of various Authority: 7 U.S.C. 150dd, 150ee, 150ff, SUMMARY: We are allowing a number of importers and foreign ministries of 151±167, 450, 2803, and 2809; 21 U.S.C. 136 previously prohibited fruits and agriculture, and after conducting pest and 136a; 7 CFR 2.22, 2.80, and 371.2(c). vegetables to be imported into the risk analyses that indicated that the § 319.74±1 [Amended] United States from certain parts of the fruits or vegetables could be imported world. All of the fruits and vegetables, under certain conditions without 2. In § 319.74±1, paragraph (c) is as a condition of entry, are subject to significant pest risk. removed. inspection, disinfection, or both, at the We solicited comments concerning § 319.74±2 [Amended] port of first arrival as may be required our proposal for 60 days ending May 27, 1997. We received 11 comments by that 3. Section 319.74±2 is amended as by a U.S. Department of Agriculture date. They were from representatives of follows: inspector. In addition, some of the fruits industry and State governments. Six of a. By removing paragraph (b). and vegetables are required to meet the commenters supported the proposed b. By removing paragraph (c). other special conditions. The removal of rule in its entirety. The remaining 5 c. By removing the designation ``(a)'' these prohibitions provides the United commenters had reservations about preceding the first paragraph. States with additional kinds and sources of fruits and vegetables while specific provisions of the proposed rule. § 319.74±2a [Removed] continuing to provide protection against Of those 5 commenters, 3 commenters 4. Section 319.74±2a is removed. the introduction and dissemination of had concerns about the proposed injurious plant pests by imported fruits importation of papayas from Brazil. § 319.74±3 [Amended] and vegetables. Upon further review and consideration 5. Section 319.74±3 is amended as We are also amending the regulations of this issue, we are taking final action follows: to extend the production area in Arava, at this time on all portions of our March a. By removing paragraph (b). Israel, where peppers may be grown for 27, 1997, proposed rule except the b. By redesignating paragraphs (c) and importation into the United States; to portion concerning papayas from Brazil. (d) as paragraphs (b) and (c), eliminate the distribution restrictions APHIS Docket No. 96±046±2 in this respectively. for peppers from Arava, Israel; to edition of the Federal Register seeks c. In paragraph (a), the first sentence, eliminate the trust fund provisions for comment on our proposal to require a by removing the words ``imported from papayas from Costa Rica; to declare all hot water treatment and require that the named foreign countries and Provinces in Chile free of the certain actions be taken if fruit fly localities, whether or not subject to Mediterranean fruit fly; and to make captures reach certain levels in the permit requirements,''. several nonsubstantive editorial changes papaya production areas for the d. In paragraph (a), the second to the regulations. These actions relieve importation of papayas from both Brazil sentence, by removing the reference restrictions while continuing to prevent and Costa Rica. The proposal also seeks ``(d)'' and adding in its place the the introduction of plant pests into the comment on any other issues involving reference ``(c)''. United States. the importation of papayas from Brazil. 50232 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations The comments we have already received analyses follow the guidelines accepted vector for a few minutes. Therefore, it is that raised concerns about actions other by the United Nations' Food and unlikely that a mite or aphid associated than the proposed importation of Agriculture Organization, International with leeks from Belgium or the papayas from Brazil are discussed Plant Protection Convention, and North Netherlands arriving in the United below. American Plant Protection Organization States would carry an active strain of Comment: Although the proposed and provide written documentation on either virus. rule mentions the risk associated with the pest risk potential for organisms that White tip disease is not transmitted the introduction of injurious exotic rank high for the likelihood of by vectors, so it is unlikely that a mite insect pests and proposes criteria to introduction and establishment. Pest or aphid associated with leeks from prevent their movement into the United risk analyses prepared for our proposed Belgium or the Netherlands would States with imported fruits and rules are available for public review and introduce this disease into the United vegetables, the proposed rule does not comment during the public comment States. Therefore, we are making no refer to the possible introduction of period for the proposed rules. changes to the proposed rule in exotic fungal, bacterial, and viral Comment: Due to the stem nematode response to this comment. strains. Ditylenchus dispaci, basil from Comment: Globodera rostochiensis Response: The pest risk analysis Guatemala and leeks from Belgium and and Globodera pallida cysts could infest prepared for each fruit or vegetable the Netherlands should be fumigated in leeks from both Belgium and the proposed for importation into the accordance with the same provisions Netherlands, as well as garlic from United States considers all of the proposed for garlic from Romania before Romania. However, these pests are not injurious plant pests that might be entering the United States. mentioned in the pest risk analysis for associated with that fruit or vegetable. Response: Ditylenchus dispaci is leeks. Further analysis of the risk The term ``pest'' includes insect pests widespread in the United States and, associated with these pests should be and all fungal, bacterial, and viral therefore, is not considered an exotic completed before the importation of pathogens for which a plant may be a plant pest. It is not subject to the same such leeks or garlic is approved. host. Our requirements for the stringent measures, such as fumigation, Response: Long considered one importation of each fruit and vegetable taken to prevent the introduction of species, the golden nematode covered in this rule present safeguards exotic plant pests into the United States. (Heterodera rostochiensis), also referred that we believe are adequate to prevent However, there are certain factors that to as the potato cyst nematode, includes the introduction of all injurious plant will mitigate the risk of Ditylenchus in fact two distinct species forming the pests into the United States. dispaci entering the United States with Comment: More thorough pest risk a shipment of leeks from Belgium or the genus Globodera: Globodera analyses need to be prepared, and more Netherlands. Nematodes, including rostochiensis and Globodera pallida. thorough inspections need to be Ditylenchus dispaci, are found in soil or Golden nematode, as a collective administered, to ensure that injurious on the roots of plants; the plant hosts of reference to Globodera rostochiensis plant pests do not enter the United nematodes must be planted, or must and Globodera pallida, creates cysts on States.