Federal Register / Vol. 62, No. 186 / Thursday

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. Particularly without more have a considerable amount of soil the roots of host crops. These nematodes detailed inspections, it is unreasonable attached, in order for the nematodes to are not listed in the pest risk analysis for to assume that any injurious plant pests survive. Neither roots nor soil will be leeks from Belgium and the Netherlands will be, as stated in the proposed rule, attached to basil imported from or garlic from Romania because Allium ‘‘readily detectable by an inspector.’’ Guatemala, and though a small number spp. are not host crops for these Response: All fruits and vegetables of root hairs may be attached to leeks nematodes. imported into the United States are imported from Belgium or the In addition, as discussed earlier, subject to inspection at the port of entry Netherlands, those leeks will be neither roots nor soil will be attached to in the United States by a U.S. required, under 7 CFR 330.300, to be leeks imported from Belgium or the Department of Agriculture (USDA) cleaned of soil before importation to the Netherlands, or to garlic from Romania. inspector. The inspector visually United States. Further, basil from Therefore, we do not believe that examines shipments for plant pests, or Guatemala and leeks from Belgium and nematodes of any species will be evidence of the presence of plant pests the Netherlands will be imported into associated with these imports. Also, the (for example, holes bored into fruit). the United States for human risk that any nematode would be When we say that certain plant pests are consumption, not propagation. introduced and become established in ‘‘readily detectable by an inspector,’’ we For all of these reasons, we are not the United States on imported leeks is mean that these pests can be detected making any changes to the proposed minimized by the fact that the leeks are upon visual examination. The level of rule in response to this comment. imported for human consumption, not inspection we provide for a given Comment: Leeks from Belgium and propagation. shipment takes into account a number the Netherlands could introduce several In the unlikely event that golden of factors, including pest interception mites and aphids which may carry nematode is associated with a shipment records and the relative risk presented several serious pathogens, including of leeks from Belgium or the by pests associated with a particular leek yellow stripe potyvirus, shallot Netherlands or garlic from Romania, the fruit or vegetable. We believe that our latent virus, and white tip disease, into cysts that this pest creates are readily inspections are conducted in a manner the United States. Therefore, further detectable by inspection. If, upon that provides a high degree of assurance consideration needs to be taken before inspection, a shipment of leeks from that we will detect plant pests if they these leeks are allowed to enter the Belgium or the Netherlands or garlic are present. United States. from Romania is determined to be Regarding our pest risk analyses, we Response: Leek yellow stripe infested with golden nematode, the believe that the pest risk analyses we potyvirus and shallot latent virus are shipment would be destroyed or prepare and the safeguards we propose spread by insect vectors, such as mites returned to its country of origin. effectively prevent the introduction of and aphids, but these viruses are Therefore, we are not making any plant pests by the commodities transmitted in a nonpersistent manner, changes to the proposed rule in proposed for entry. Our pest risk that is, the virus only survives in the response to this comment. Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50233

Comment: In order to limit the consigning the shipment to a wholesaler created by the larvae in the stems or introduction into Florida of exotic pests, or retailer. fruit of any eggplant infested with such as Retithrips syriacus, that may be Eggplant produced for sale and Faustinius would be readily detectable, associated with peppers from Israel, distribution in mass markets is and an infested shipment of eggplant APHIS should continue to limit the harvested at a stage of development would not be released until APHIS distribution of peppers from Israel to the when susceptibility to Medfly personnel have identified the pests northern United States. infestation is unlikely. Conversely, wild within the shipment. If a shipment of Response: Retithrips syriacus has or ‘‘backyard’’ produce, including eggplant from Nicaragua or El Salvador been established in Florida for several eggplant, is generally grown and is determined to be infested by an exotic years; therefore, this pest cannot be handled under very different conditions species of Faustinius, the shipment considered an exotic plant pest and is than commercially-produced fruits and would be destroyed or returned to its not subject to the same stringent vegetables (e.g., wild or backyard country of origin. Therefore, we are quarantine measures taken to prevent produce usually involves different making no changes to the proposed rule the introduction of an exotic plant pest varieties of produce and different in response to this comment. cultivating techniques, little or no pest into the United States. As such, neither Miscellaneous APHIS nor the State of Florida has control, and a lack of sanitary controls promulgated regulations to restrict the during growing and packing, such as We are not revising the incorporation movement of this pest. However, there removal and destruction of overripe and by reference of the Plant Protection and is little risk of Retithrips syriacus or damaged fruit). As a result, there is Quarantine Treatment Manual at § 300.1 other plant pests entering the United reason to believe that wild or backyard of the regulations, as we proposed, States with a shipment of peppers from produce presents a greater pest risk than because the treatment schedule for the Israel’s Arava Valley. In the Arava commercially produced fruits and methyl bromide fumigation of garlic Valley, Israel, peppers are grown, vegetables. This rule will not allow borer (Brachycerus spp.) and garlic sorted, and packaged in insect-proof eggplant grown under these conditions moth (Dyspessa ulula [Bkh.]) will not screenhouses. This production method to be imported into the United States. change. The countries from which garlic effectively controls pest populations in Comment: In the pest risk analysis for may be exported to the United States, eggplant from Nicaragua and El growing, sorting, and packaging areas including Romania, are only listed in Salvador, APHIS states that it has not and helps ensure that pests are not § 319.56–2g of the regulations; the PPQ determined the pest risk potential for present in export shipments of peppers. Treatment Manual does not list those Faustinius spp., insect pests that may be Therefore, we are not making any eligible countries and therefore does not carried into the United States with the changes to the proposed rule in require revision. eggplant. This pest risk needs to be response to this comment. We are also making several determined, and if necessary additional nonsubstantive editorial changes to the Comment: Eggplant is a host of the mitigation measures taken, before Mediterranean fruit fly (Medfly), and regulations for clarity and consistency. eggplant from Nicaragua or El Salvador Therefore, based on the rationale Medfly occurs in both Nicaragua and El is allowed entry into the United States. presented in our proposed rule and in Salvador. However, Medfly is not Response: Because we are limiting this document, we are adopting the discussed in the pest risk analysis for imports of eggplant to commercial provisions of the proposed rule, with eggplant from Nicaragua and El shipments, as discussed above, we exception of the proposed importation Salvador. The pest risk potential expect the measures taken by of papayas from Brazil, as a final rule associated with the importation of commercial growers in Nicaragua and El with the changes described above. eggplant should be determined prior to Salvador to prevent the introduction of allowing the importation of eggplant injurious plant pests, including Effective Date from these two countries. Faustinius spp., into the United States. This is a substantive rule that relieves Response: Review of the scientific However, there are other factors that restrictions and, pursuant to the literature reveals that eggplant is a host help mitigate the risk of the provisions of 5 U.S.C. 553, may be made of Medfly only when fully ripe and introduction of Faustinius spp. into the effective less than 30 days after when other Medfly hosts are not United States. Larvae of the Faustinius publication in the Federal Register. available. spp. bore into the shoots and stems of Immediate implementation of this rule For this reason, we believe that eggplant to pupate and are only very is necessary to provide relief to those eggplant imported from Nicaragua or El occasionally associated with the fruit of persons who are adversely affected by Salvador presents a relatively low risk eggplant. Because § 319.56–2(a) of the restrictions we no longer find of harboring Medfly. However, to regulations requires all importation of warranted. Therefore, the Administrator further reduce the risk of Medfly fruits and vegetables to be free of plants of the Animal and Plant Health associated with eggplant imported from or portions of plants, all but a very small Inspection Service has determined that Nicaragua and El Salvador, we are portion of an eggplant’s stem is removed this rule should be effective upon allowing only commercial shipments of prior to shipment to the United States. publication in the Federal Register. eggplant from these countries to enter Therefore, we do not expect Faustinius the United States. Commercial spp. to be associated with eggplant from Executive Order 12866 and Regulatory shipments, as defined in § 319.56–1, are Nicaragua or El Salvador. Flexibility Act shipments of fruits and vegetables that Certain species of Faustinius are This rule has been reviewed under an inspector identifies as having been established in areas of the United States, Executive Order 12866. The rule has produced for sale and distribution in and these species are therefore not been determined to be not significant for mass markets. Such identification is considered exotic pests and are not the purposes of Executive Order 12866 based on a variety of indicators, subject to the same stringent quarantine and, therefore, has not been reviewed by including, but not limited to: quantity of measures taken to prevent the the Office of Management and Budget. produce, type of packaging, introduction of an exotic plant pest into In accordance with 5 U.S.C. 604, we identification of grower or packing the United States. However, at the U.S. have performed a Final Regulatory house on the packaging, and documents port of entry inspection, the holes Flexibility Analysis, set forth below, 50234 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations regarding the economic impact of this commodities are not produced in (or California) is not available. However, rule on small entities. Based on the significant quantities either in the since most U.S. vegetable and melon information we have, there is no basis United States or in the country that farms are considered small by SBA to conclude that this rule will result in would be exporting the commodity to standards, it is very likely that the U.S. any significant economic impact on a the United States; generally, less farms that produce radicchio are also substantial number of small entities. statistical data is collected—and small. Under the Federal Plant Pest Act and therefore available—for commodities Information on Ecuador’s production the Plant Quarantine Act (7 U.S.C. produced in small quantities when and export of radicchio, including 150dd, 150ee, 150ff, 151–165, and 167), compared to a country’s more heavily- potential exports to the United States, is the Secretary of Agriculture is produced commodities. Second, some of not available. authorized to regulate the importation of these commodities do not appear to be Eggplant from El Salvador fruits and vegetables to prevent the produced in the United States at all; introduction of injurious plant pests. therefore, data on the U.S. production In 1995, the United States produced This rule amends the regulations and export levels for those commodities 28,710 metric tons of eggplant, with a governing the importation of fruits and does not exist. Finally, estimates of value of $16.2 million. In 1993 and vegetables by allowing a number of potential exports of commodities from 1994, domestic production levels were previously prohibited fruits and foreign countries to the United States 34,160 metric tons and 35,380 metric vegetables to be imported into the are often difficult to obtain, due in part tons, respectively. U.S. production has United States from certain foreign to the uncertainty surrounding the cost been supplemented by a steadily countries and localities under specified and availability of transportation and growing level of eggplant imports, conditions. The importation of these the demand for the commodity in the 18,154 metric tons in 1993, 21,302 fruits and vegetables had been United States. metric tons in 1994, and 24,946 metric prohibited because of the risk that they tons in 1995. The United States is a net could have introduced injurious plant Leeks from Belgium importer of eggplant, as exports of the pests into the United States. No information is available on U.S. commodity from the United States did In our proposal, we solicited production of leeks. Data is available, not exceed 9,090 metric tons in any of comments on the potential effects of the however, on U.S. exports and imports of the years between 1993 and 1995. proposed action on small entities. In the commodity. In 1995, the United In 1992, the latest year for which data particular, we sought data and other States imported 2,764 metric tons of is available, eggplant was produced at information to determine the number leeks, an increase over the 1993 and 2,203 farms in the United States. It is and kind of small entities that may 1994 levels (2,328 metric tons and 2,042 not known how many of these farms are incur benefits or costs from the metric tons, respectively). In 1995, the considered small entities under SBA implementation of the proposed rule. United States exported 3,279 metric standards, since information as to their We received no comments on the Initial tons of leeks, also an increase over the size is not available. However, most are Regulatory Flexibility Analysis 1993 and 1994 levels (2,519 metric tons probably small, since most vegetable contained in the proposed rule. and 2,708 metric tons, respectively). and melon farms in the United States Our rule is based on pest risk The fact that the United States exports are small. assessments that were conducted by leeks suggests that the commodity is Data on the volume of eggplant APHIS at the request of various produced in the United States. production in El Salvador is not importers and foreign ministries of However, the volume of exports available. Data on the volume of agriculture. The pest risk analyses suggests that the level of production is potential exports of eggplant from El indicate that the fruits or vegetables low relative to other, more popular Salvador to the United States is also not listed in this rule can, under certain vegetables. available. conditions, be imported into the United Data on the number or size of leek Basil and Dill from Guatemala States without significant pest risk. All producers in the United States is not of the fruits and vegetables, as a available. However, since most U.S. Information on U.S. production and condition of entry, are subject to vegetable and melon farms are small by exportation of basil is not available, but inspection, disinfection, or both, at the Small Business Administration (SBA) indicators suggest that basil is not port of first arrival as may be required standards, it is very likely that the U.S. grown commercially in significant by a USDA inspector. In addition, some farms that produce leeks are also small. quantities in the United States. In 1995, of the fruits and vegetables are required Data on the volume of potential the United States imported 3,404 metric to undergo mandatory treatment for exports of leeks from Belgium to the tons of basil with a value of $4.9 injurious plant pests as a condition of United States is not available. million. U.S. basil imports in 1994 and entry, or to meet other special 1993 were 3,216 metric tons and 2,449 conditions. This action provides the Radicchio from Ecuador metric tons, respectively. United States with additional kinds and Data on radicchio production for the Information on U.S. production and sources of fruits and vegetables while entire United States is not available. exportation of dill is not available, but continuing to provide protection against However, production data is available indicators suggest that dill, like basil, is the introduction into the United States for the State of California, where most, not grown commercially in significant of injurious plant pests by imported if not all, of U.S. radicchio is produced. quantities in the United States. In 1995, fruits and vegetables. In 1994, California produced 7,040 the United States imported 766 metric metric tons of radicchio, an increase tons of dill with a value of $1.0 million. Availability of Data over the State’s 1993 volume of 6,387 U.S. dill imports in 1994 and 1993 were For many of the commodities made metric tons. California’s 1994 949 metric tons and 828 metric tons, eligible for importation into the United production had a value of $7.7 million. respectively. States by this document, data on the No information on U.S. (or California) Guatemala currently produces basil levels of production and the anticipated trade in radicchio is available. and dill for its local market only. No import volume is unavailable for a Data on the number or size of data is available on the exact level of number of reasons. First, many of these radicchio producers in the United States basil or dill production in Guatemala, Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50235 but the volume is believed to be very totaled 52,314 metric tons, just slightly Executive Order 12988 small. Data on the volume of potential less than Nicaragua’s entire vegetable This rule allows certain fruits and exports of these commodities from and melon production that year. vegetables to be imported into the Guatemala to the United States is not Radicchio from Nicaragua United States from certain parts of the available. world. State and local laws and Data on the production of radicchio in regulations regarding the importation of Mioga Ginger from Japan California is discussed above under the fruits and vegetables under this rule will No information is available on U.S. heading ‘‘Radicchio from Ecuador.’’ be preempted while the fruits and production or exportation of the Nicaragua currently produces vegetables are in foreign commerce. flowers, leaves, and stems of mioga radicchio for its local market. No data is Fresh fruits and vegetables are generally ginger. The absence of such data available on the exact volume of imported for immediate distribution and suggests that commercial production of radicchio production in Nicaragua, but sale to the consuming public, and will mioga ginger in the United States is the volume is believed to be very small. remain in foreign commerce until sold negligible, at most. Mioga ginger is a Data on the volume of potential exports to the ultimate consumer. The question spice, and most spices are not grown of radicchio from Nicaragua to the of when foreign commerce ceases in commercially in significant quantities in United States is also not available. other cases must be addressed on a case- the United States. Data on U.S. imports Garlic from Romania by-case basis. No retroactive effect will of mioga ginger is also not available. Japan produced 6,638 metric tons of In 1995, the United States produced be given to this rule, and this rule will mioga ginger in 1994. No information is 232,010 metric tons of fresh garlic, not require administrative proceedings available on the potential volume of valued at $179.8 million. In 1993 and before parties may file suit in court exports of this commodity from Japan to 1994, domestic production levels were challenging this rule. the United States. At the present time, 188,690 metric tons and 208,200 metric Paperwork Reduction Act tons, respectively. While U.S. all mioga ginger produced in Japan is In accordance with section 3507(d) of consumed locally; none is exported. production has been growing rapidly, U.S. imports of garlic have steadily the Paperwork Reduction Act of 1995 Leeks from the Netherlands declined, 39,381 metric tons in 1993, (44 U.S.C. 3501 et seq.), the information Data on U.S. production and trade of 21,705 metric tons in 1994, and 18,594 collection or recordkeeping leeks is discussed above under the metric tons in 1995. U.S. exports of the requirements included in this final rule heading ‘‘Leeks from Belgium.’’ commodity have also steadily declined, have been submitted for approval to the In 1994, the Netherlands produced from 11,274 metric tons in 1993 to 7,659 Office of Management and Budget 102,727 metric tons of leeks, and its metric tons in 1995. (OMB). When OMB notifies us of its exports of leeks that year totaled 43,764 In 1992, garlic was produced at 619 decision, we will publish a document in metric tons. In 1995, the Netherlands U.S. farms. It is not known how many the Federal Register providing notice of exported 51,062 metric tons of leeks, of these farms are considered small the assigned OMB control number or, if with just over 50 percent of those entities under SBA standards, since approval is denied, providing notice of exports directed to Germany. Potential information as to their size is not what action we plan to take. exports of leeks from the Netherlands to available. However, most are probably List of Subjects in 7 CFR Part 319 the United States could reach 1,000 small, since most vegetable and melon Bees, Coffee, Cotton, Fruits, Honey, metric tons annually, depending on farms in the United States are small. Imports, Incorporation by reference, such factors as the cost and availability In 1995, Romania produced 58,000 Nursery stock, Plant diseases and pests, of air transportation and demand in the metric tons of garlic, an increase over Quarantine, Reporting and United States. However, as the United the country’s 1994 and 1993 production recordkeeping requirements, Rice, States is a net exporter of leeks, it is levels (56,400 metric tons and 48,900 Vegetables. doubtful that consumer demand in the metric tons, respectively). In 1996, United States will encourage a Romanian garlic production is estimated Accordingly, 7 CFR part 319 is substantial volume of leek imports from to have fallen to approximately 50,000 amended as follows: metric tons, due to unfavorable weather the Netherlands. PART 319ÐFOREIGN QUARANTINE conditions. Data on the volume of NOTICES Eggplant from Nicaragua potential exports of garlic from Romania Data on U.S. production and trade of to the United States is not available. 1. The authority citation for part 319 eggplant is discussed above under the However, trade sources within Romania continues to read as follows: heading ‘‘Eggplant from El Salvador.’’ indicate that the prospects for future To date, all of the eggplant produced Authority: 7 U.S.C. 150dd, 150ee, 150ff, exports to the United States are reduced, 151–167, 450, 2803, and 2809; 21 U.S.C. 136 commercially in Nicaragua has been owing to both the high price and low and 136a; 7 CFR 2.22, 2.80, and 371.2(c). consumed locally. No data is available, quality of Romanian garlic. however, on the volume of eggplant The alternative to this rule was to § 319.56±2 [Amended] production in Nicaragua. In addition, no make no changes in the regulations. 2. In § 319.56–2, paragraph (j) is data on the volume of potential exports After consideration, we rejected this amended by removing the words of eggplant from Nicaragua to the alternative because there is no biological ‘‘except Arica, Iquique, and Parinacota’’. United States is available. However, reason to prohibit the importation into 3. In § 319.56–2g, paragraph (a) is relatively small quantities are likely to the United States of the fruits and revised to read as follows: be imported. In 1993, for example, vegetables listed in this document. Nicaragua produced little or no The information collection § 319.56±2g Administrative instructions eggplant, and its production of all requirements contained in this rule, prescribing method of treatment of garlic vegetables and melons that year totaled which were described in the proposed from specified countries. only 59,000 metric tons. By comparison, rule, have been submitted for approval (a) Except as otherwise provided in U.S. supply (domestically produced and to the Office of Management and these administrative instructions, imported) of eggplant alone in 1993 Budget. fumigation with methyl bromide in 50236 Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations vacuum fumigation chambers, in Syria, Turkey, Ukraine, and the area of § 319.56±2r [Amended] accordance with the Plant Protection the former Yugoslavia. Fumigation is to 4. In § 319.56–2r, paragraph (a)(1) is and Quarantine Treatment Manual, be carried out under the supervision of amended by removing the words ‘‘, and which is incorporated by reference at a plant quarantine inspector and at the West Germany’’, by adding the word § 300.1 of this chapter, is a condition of expense of the importer. While it is ‘‘Germany,’’ immediately following the entry under permit for all shipments of believed that the garlic will be word ‘‘France’’, and by adding the word garlic (Allium sativum) from Algeria, unaffected by the fumigation, the ‘‘and’’ immediately following the word Armenia, Austria, Azerbaijan, Czech treatment will be at the importer’s risk. ‘‘Sweden,’’. Republic, Egypt, Estonia, France, Such entry will be limited to ports 5. In § 319.56–2t, the table is amended Georgia, Germany, Greece, Hungary, named in the permits, where approved by adding, in alphabetical order, the Iran, Israel, Italy, Latvia, Lithuania, facilities for vacuum fumigation with following entries: Moldova, Morocco, Portugal, Romania, methyl bromide are available. § 319.56±2t Administrative instructions: the area of the Russian Federation west * * * * * conditions governing the entry of certain of the Ural Mountains, Slovakia, South fruits and vegetables. Africa (Republic of), Spain, Switzerland, * * * * *

Common Country/locality name Botanical name Plant part(s)

******* Belgium ...... Leek ...... Allium spp...... Whole plant. (Must be accompanied by a phytosanitary certificate issued by the Ministry of Agriculture of Belgium stating that the leek is apparently free of Acrolepiopsis assectella.)

******* Ecuador

******* Radicchio ...... Cichorium spp...... Above ground parts. El Salvador

******* Eggplant ...... Solanum Fruit, commercial shipments only. melongena.

******* Guatemala

******* Basil ...... Ocimum spp ...... Above ground parts. Dill ...... Anethum Above ground parts. graveolens.

******* Japan ...... Mioga Ginger Zingiber mioga ...... Above ground parts.

******* Netherlands ...... Leek ...... Allium spp...... Whole plant. (Must be accompanied by a phytosanitary certificate issued by the Ministry of Agriculture of The Netherlands stating that the leek is apparently free of Acrolepiopsis assectella.)

******* Nicaragua

******* Eggplant ...... Solanum Fruit, commercial shipments only. melongena. Radicchio ...... Cichorium spp...... Above ground parts.

*******

* * * * * b. In paragraph (b)(2), by removing the and by adding in its place the words word ‘‘Paran’’ and by adding in its place ‘‘the Arava Valley’’. § 319.56±2u [Amended] the words ‘‘the Arava Valley’’. e. In newly designated paragraph c. By removing paragraph (b)(6) and 6. Section 319.56–2u is amended as (b)(7), by removing the word ‘‘Paran’’ redesignating paragraphs (b)(7) through follows: and by adding in its place the words (b)(9) as paragraphs (b)(6) through (b)(8), ‘‘the Arava Valley’’. a. In paragraph (b)(1), by removing the respectively. words ‘‘in the Paran region of’’. d. In newly designated paragraph 7. Section 319.56–2w is revised to (b)(6), by removing the word ‘‘Paran’’ read as follows: Federal Register / Vol. 62, No. 186 / Thursday, September 25, 1997 / Rules and Regulations 50237

§ 319.56±2w Administrative instruction; Done in Washington, DC, this 22nd day of distributed throughout the United conditions governing the entry of papayas September 1997. States. However, only Bermuda and from Costa Rica. Terry L. Medley, parts of Canada have been considered The Solo type of papaya may be Administrator, Animal and Plant Health free of injurious potato diseases and imported into the continental United Inspection Service. insect pests. States, Alaska, Puerto Rico, and the U.S. [FR Doc. 97–25488 Filed 9–24–97; 8:45 am] The regulations concerning the Virgin Islands from the provinces of BILLING CODE 3410±34±P importation of foreign potato plants are Guanacaste, San Jose, and Puntarenas, contained in 7 CFR 319.37 through Costa Rica, only under the following 319.37–14, Subpart—Nursery Stock, conditions: DEPARTMENT OF AGRICULTURE Plants, Roots, Bulbs, Seeds, and Other (a) The papayas were grown and Plant Products (referred to below as the Animal and Plant Health Inspection Nursery Stock regulations). The Nursery packed for shipment to the United Service States in the provinces of Guanacaste, Stock regulations prohibit the importation of potato plants from all San Jose, and Puntarenas, Costa Rica. 7 CFR Parts 319, 321, and 330 parts of the world except Canada. (b) Beginning at least 30 days before [Docket No. 97±010±2] The regulations concerning the harvest began and continuing through importation of most foreign fruits and the completion of harvest, all trees in Foreign Potatoes vegetables are contained in 7 CFR the field where the papayas were grown 319.56 through 319.56–8, Subpart— 1 AGENCY: Animal and Plant Health were kept free of papayas that were ⁄2 Fruits and Vegetables (referred to below 1 Inspection Service, USDA. or more ripe (more than ⁄4 of the shell as the Fruits and Vegetables ACTION: surface yellow), and all culled and Final rule. regulations). The Fruits and Vegetables fallen fruits were removed from the field SUMMARY: We are amending our regulations have referred readers to the at least twice a week. regulations concerning imported plants Foreign Potatoes regulations for rules (c) When packed, the papayas were and plant products to prohibit the governing the importation of potatoes. less than 1⁄2 ripe (the shell surface was importation of potato tubers from These regulations are intended to no more than 1⁄4 yellow, surrounded by Bermuda and to prohibit the prevent the introduction of foreign plant light green), and appeared to be free of importation of potato plants from diseases and insect pests into the United all injurious insect pests. Newfoundland and a portion of Central States. (d) The papayas were packed in an Saanich, British Columbia, Canada. On May 7, 1997, we published in the enclosed container or under cover so as These changes appear necessary to Federal Register (62 FR 24849–24851), to prevent access by fruit flies and other prevent the introduction of foreign Docket No. 97–010–1), a proposal to injurious insect pests, and were not potato diseases and insect pests into the prohibit the importation of potato plants packed with any other fruit, including United States. We are also reorganizing from Newfoundland and a portion of papayas not qualified for importation and streamlining the regulations Central Saanich, British Columbia, into the United States. concerning the importation of potatoes Canada. We also proposed to prohibit the importation of potato tubers from (e) All activities described in into the United States. These changes Bermuda. These actions were intended paragraphs (a) through (d) of this section remove unnecessary regulations and relieve restrictions that no longer appear to prevent the introduction of foreign were carried out under the general potato diseases and insect pests into the warranted. supervision and direction of plant United States. Further, we proposed to EFFECTIVE DATE: health officials of the national Ministry October 27, 1997. move the prohibitions on the of Agriculture. FOR FURTHER INFORMATION CONTACT: Mr. importation of potato tubers from (f) Beginning at least 1 year before James Petit de Mange, Staff Officer, Bermuda, parts of Canada harvest begins and continuing through Import-Export Team, PPQ, APHIS, 4700 (Newfoundland and a portion of Central the completion of harvest, fruit fly traps River Road, Unit 140, Riverdale, MD Saanich, British Columbia), and all were maintained in the field where the 20737–1236; (301)–734–6799; fax (301)– other parts of the world from the papayas were grown. The traps were 734–5786; or e-mail: Foreign Potatoes regulations to the placed at a rate of 1 trap per hectare and [email protected]. Nursery Stock regulations. In were checked for fruit flies at least once SUPPLEMENTARY INFORMATION: conjunction with this change, we weekly by plant health officials of the proposed to remove the Foreign national Ministry of Agriculture. Fifty Background Potatoes regulations from the Code of percent of the traps were of the McPhail The regulations concerning the Federal Regulations, since the type, and fifty percent of the traps were importation of foreign potato tubers remainder of the regulatory text of the Jackson type. The national have been contained in 7 CFR part 321, appeared to be unnecessary. We also Ministry of Agriculture kept records of Restricted Entry Orders, Subpart— proposed to amend the Fruits and fruit fly finds for each trap, updated the Foreign Potatoes (referred to below as Vegetables regulations to refer readers to records each time the traps were the Foreign Potatoes regulations). The the Nursery Stock regulations, rather checked, and made the records available Foreign Potatoes regulations have than the Foreign Potatoes regulations, to APHIS inspectors upon request. The allowed the importation of potato tubers for rules governing the importation of records were maintained for at least 1 from Bermuda and Canada (except for potatoes. These actions were intended year. Newfoundland and a portion of South to consolidate the regulations for (g) All shipments must be Saanich, British Columbia) without importing potatoes into one place and accompanied by a phytosanitary restriction. The Foreign Potatoes eliminate provisions that are not being certificate issued by the national regulations also have contained used. Ministry of Agriculture stating that the provisions for importing potato tubers We also proposed to make an editorial papayas were grown, packed, and from other countries that are free of change in the Federal Plant Pest shipped in accordance with the injurious potato diseases and insect regulations, contained in 7 CFR part provisions of this section. pests that are new to or not widely 330.