65053

Rules and Regulations Federal Register Vol. 69, No. 217

Wednesday, November 10, 2004

This section of the FEDERAL REGISTER the South American cucurbit fly. These cited the pests of concern identified in contains regulatory documents having general actions will provide the United States our risk assessment and described the applicability and legal effect, most of which with additional types and sources of phytosanitary measures that would be are keyed to and codified in the Code of fruits and vegetables while continuing required to guard against the entry of Federal Regulations, which is published under to protect against the introduction of those pests, but we did not explicitly 50 titles pursuant to 44 U.S.C. 1510. quarantine pests through imported fruits link the role of each measure in The Code of Federal Regulations is sold by and vegetables. addressing the risk presented by each the Superintendent of Documents. Prices of EFFECTIVE DATE: December 10, 2004. identified pest of concern. We are new books are listed in the first FEDERAL FOR FURTHER INFORMATION CONTACT: Ms. providing those connections below. REGISTER issue of each week. Karen Bedigian, Import Specialist, The quarantine pests of concern for Phytosanitary Issues Management, PPQ, grapes grown in South Korea are yellow APHIS, 4700 River Road Unit 140, peach moth (Conogethes punctiferalis), DEPARTMENT OF AGRICULTURE Riverdale, MD 20737–1228; (301) 734– grapevine moth (Eupoecilia ambiguella), 4382. leaf-rolling tortix (Sparganothis Agricultural Marketing Service pilleriana), apple heliodinid SUPPLEMENTARY INFORMATION: (Stathmopoda auriferella), the plant 7 CFR Parts 27 to 52 Background pathogenic fungus Monilinia fructigena Republication The regulations in ‘‘Subpart—Fruits and the moth Nippoptilia vitis. and Vegetables’’ (7 CFR 319.56 through Each of these pests exhibits symptoms CFR Correction 319.56–8, referred to below as the that are macroscopic and detectable Title 7, parts 27 to 52, revised as of regulations) prohibit or restrict the upon visual inspection. Specifically: • January 1, 2004, is being republished in importation of fruits and vegetables into Yellow peach moth larvae bore into its entirety. The earlier issuance the United States from certain parts of and tunnel the stems and fruits of host inadvertently omitted Table III the world to prevent the introduction plants. Larvae on the fruit burrow into contained in § 52.1853 and subsequent and spread of plant pests that are new the green berries, causing them to split, sections 52.1854 through 52.1858, to or not widely distributed within the shrivel, or fall off when damaged. • 52.3181 through 52.3188, and 52.3751 United States. Grapevine moth larvae feed on through 52.3764. The omitted table and On December 18, 2003, we published flowers and later on developing fruit. text should immediately follow in the Federal Register (68 FR 70448– Larvae cause surface damage to leaves § 52.1853(c) on page 576. 70463, Docket No. 02–106–1) a proposal and fruit. Additionally, larvae may to amend the regulations to list a produce webbing on the flower buds [FR Doc. 04–55525 Filed 11–9–04; 8:45 am] number of fruits and vegetables from and newly set fruit, which often causes BILLING CODE 1505–01–D certain parts of the world as eligible, affected parts to drop from the vine. • under specified conditions, for Leaf-rolling tortix and Nippoptilia vitis larvae cause damage to the leaves, DEPARTMENT OF AGRICULTURE importation into the United States. We also proposed to recognize areas in Peru fruit, and stem. • Animal and Plant Health Inspection as free from the South American Apple heliodinid larvae cause Service cucurbit fly. webbing of the flower buds and newly We solicited comments concerning set fruit, often causing affected plant 7 CFR Part 319 our proposal for 60 days ending parts to drop from the vine and burrow February 17, 2004. We received five into the green berries, which may split, [Docket No. 02–106–2] comments by that date. They were from shrivel, or fall off when damaged. • Monilinia fructigena causes raised Importation of Fruits and Vegetables representatives of State governments, an industry organization, and individuals. light brown pustules on the fruit that AGENCY: Animal and Plant Health They are discussed below by topic. often expand enclosing the fruit to form Inspection Service, USDA. a dark, wrinkled, hard mummified fruit Grapes From South Korea ACTION: Final rule. There are three measures in our One commenter stated that it is regulatory approach that individually SUMMARY: We are amending the fruits impossible to determine the efficacy of and collectively mitigate the risk posed and vegetables regulations to list a the proposed risk mitigation method for by each of the six pests. First, field number of fruits and vegetables from grapes from South Korea until a peer inspections have proven effective since, certain parts of the world as eligible, review of the supporting data is as detailed above, the damage these under specified conditions, for conducted. The commenter further pests cause makes their presence importation into the United States. All stated that data on risk mitigation for obvious. Second, fruit is bagged from of the fruits and vegetables, as a Korean grapes should be published the time the fruit sets until harvest. condition of entry, will be inspected prior to rulemaking in order to increase Since bagging is done when the fruit is and subject to treatment at the port of the transparency of the regulation. very young, the risk of exposure to first arrival as may be required by an We do not agree that a peer review of arthropods and diseases is reduced. inspector. In addition, some of the fruits the supporting data is necessary in order Third, fruit is inspected and certified to and vegetables will be required to meet for the efficacy of the phytosanitary be free of the pests of concern by South other special conditions. We are also measures for grapes from South Korea to Korea’s national plant protection recognizing areas in Peru as free from be determined. In the proposed rule, we organization (NPPO). In addition, an

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additional inspection of a sample of We believe one negative inspection is Allium spp. from Israel, Mexico, fruit from each consignment will be enough to reapprove a field for export. Belgium, and the Netherlands; Swiss conducted upon its arrival in the United Under the systems approach laid out in chard (Beta vulgaris) from Peru; beets States. this document and in the proposed rule, (Beta vulgaris) from Mexico; and These measures have proven to be if evidence of any of the pests of cucurbits (Cucurbitaceae) from Mexico effective in guarding against similar concern is detected during field should be removed from the list of pests of concern on sandpears from inspection, the field will immediately commodities enterable subject to South Korea and Japan (yellow peach be rejected, and exports from that field inspection found at § 319.56–2t since moth and Monilinia fructigena, as well will be canceled until visual inspection they are hosts of the pea leaf miner as two other moths and a leafroller). We of the vines shows that the infestation (Liriomyza huidobrensis Blanchard), have been importing Japanese and has been eradicated. There are a variety which does not occur in the United Korean sandpears under a similar of measures growers may utilize to States. Another commenter stated that systems approach for over 10 years with eliminate infestation on the leaves, the regulations should specify which no significant phytosanitary problems. stems, and fruits on the vine. These types of cucurbits are allowed entry into Finally, we disagree with the measures include contact pesticides in the United States from Mexico. commenter’s statement that we should the case of insect infestation, fungicides The only commodities listed by the have published data on risk mitigation in the case of fungal infestation, commenter that are added in this prior to publication of the proposed sanitation measures, weed removal, rulemaking are Allium spp. from rule. On June 19, 2001, we published in pruning, trapping, and/or bait stations. Mexico and beets from Mexico. The the Federal Register (66 FR 32923– One or more of these measures would other commodities have been eligible 3928, Docket No. 00–082–1) a notice serve to eradicate the pests of concern. for importation prior to this rulemaking entitled ‘‘Procedures and Standards As expressed previously, evidence of and were listed in the proposed rule Governing the Consideration of Import the presence of all of the pests of only because we set out § 319.56–2t in Requests’’ wherein we established concern is readily visible; thus we its entirety due to our revision of that policies for the publication of risk believe that a single inspection would section’s format. Specifically, cucurbits documents, among other things. In that be all that is necessary to determine from Mexico have been eligible for document we set out ‘‘routine’’ and whether a field could be reapproved for importation under the regulations for 30 ‘‘nonroutine’’ as the two categories of participation in the program. years. With regard to Allium spp. and risk assessments. The terms ‘‘routine’’ beets from Mexico, as above, our records and ‘‘nonroutine’’ do not necessarily Commodity-Specific Pest Pathways indicate that the pea leaf miner is connote different types of risk One commenter stated that beets (Beta already present in the United States and assessments, but nonroutine vulgaris) from Mexico and turnips not subject to an official control assessments are associated with issues (Brassica spp.) from Peru should be program, therefore, we do not consider that may require greater resources. In removed from the list of commodities it to be a quarantine pest. determining the type of risk assessment, enterable subject to inspection in we consider the following factors: § 319.56–2t since they are both hosts of The commenter additionally stated Economic value of the affected crop(s), the potato pathotype of the false root- that the importation of watermelon from public interest, environmental and knot nematode (Nacobbus aberrans). Korea is of concern because of the public health importance, level of Of the two commodities cited by the presence of the pumpkin fruit fly uncertainty, local importance, and commenter, only beets from Mexico are (Bactrocera depressa). The commenter precedence (i.e., whether the being added to the list in § 319.56–2t in asked APHIS to clarify the type of fruit commodity/origin combination in this rulemaking. Turnips from Peru fly trap required, as well as to provide question, or a similar combination, has have been eligible for importation under evidence of its efficacy in trapping the ever been addressed in previous risk the regulations for 11 years and were pumpkin fruit fly. assessments and/or whether the listed in the proposed rule only because We have considered the commenter’s assessment will require the use of new we set out § 319.56–2t in its entirety due point and have modified the trapping or different methodologies). Only for to our revision of that section’s format. procedure outlined in the proposed rule nonroutine assessments do we make the By International Plant Protection to specify that the fruit fly traps used risk assessments available for public Convention (IPPC) standards, a must be McPhail traps or a similar type review and comment in advance of quarantine pest is considered to be ‘‘a with a protein bait that has been shown rulemaking. Since the issues addressed pest of potential economic importance to be efficacious in trapping the in our proposed rule were determined to to the area endangered thereby and not pumpkin fruit fly. APHIS has employed be routine, we did not make the risk yet present there, or present but not the McPhail trap for decades. It is a documents prepared for this proposal widely distributed and being officially generalist trap with a food bait that available in advance of the proposed controlled.’’ Since the potato pathotype catches all fruit feeding tephritids. We rule’s publication. of the false root-knot nematode is use these traps to catch a variety of fruit A second commenter said that the already present in the United States and flies around the world such as various term field needs to be defined. The not subject to an official control Bactrocera spp. that are not known to be commenter also objected to the fact that program, we do not consider it to be a attracted by a specific parapheromone grapes from a field found to contain quarantine pest, therefore we do not lure. evidence of infestation may be regulate imports to protect against entry One commenter stated that since the reapproved for export following one of this pest. domestic Mexican fruit fly (Mexfly) negative inspection. Another commenter stated that snow regulations at 7 CFR 301.64–2 and the A definition for the term field can be peas (Pisum sativum subsp. sativum) melon fruit fly regulations at 7 CFR found in the definitions portion of the from Columbia; cole and mustard crops, 301.97–2 list Annona spp. as hosts to regulations at § 319.56–1. Field is including cabbage, broccoli, cauliflower, those flies, we should have included an defined as a plot of land with defined turnips, mustards, and related varieties analysis of the risk associated with boundaries within a place of production (Brassica spp.) from Ecuador, Costa importation of Annona spp. from on which a commodity is grown. Rica, El Salvador, Peru, and Jamaica; Grenada based on the possible presence

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of Mexfly and melon fruit fly in that includes an additional declaration inspections of agricultural commodities country. stating that the fruit is of the Malayan at the ports of first arrival, inspectors Our research indicates that neither dwarf variety or Maypan variety based follow established and effective APHIS Mexfly nor melon fruit fly occur in on verification of the parent stock. This protocols regarding inspection rates and Grenada. Since there is no scientific requirement provides sufficient procedures. APHIS continues to work evidence of the existence of these pests protection against the spread of with DHS to ensure that the United in the area in question, there is no need mycoplasmalike organisms. States is protected against pests of for further analysis of the risks posed by concern from agricultural imports. Shipping and Importation Procedures those pests in this case. Currently, DHS is sufficiently staffed at Another commenter claimed that the One commenter questioned whether all ports and fully capable of providing mitigation methods described in the roots and soil were included in our the necessary inspection services. proposal with regard to cucurbits consideration of a whole plant imported (Cucurbitaceae) from South Korea do specifically from Mexico. Pest Risk Assessments not provide adequate protection against The commodities that were listed in One commenter observed that no cucumber green mottle mosaic virus the proposed rule as enterable from statistics on the pest free status of (tobamovirus). Mexico as whole plants were Allium commercial shipments were included in Cucumber green mottle mosaic virus spp., asparagus, beets, carrots, our risk assessments. The commenter is seedborne with no known biological eggplants, jicama, parsley, radishes, and stated that such information should be vectors; it can also be mechanically tomatoes. All of these commodities have available prior to any approval granted transmitted. Symptoms of infection are been previously allowed entry under for the importation of new commodities. yellowed leaves and shriveled fruit. permit. Their addition to the regulations Pest risk assessments are prepared for These are macroscopic and detectable is solely in order to improve those commodities that have not been upon inspection. Further, the transparency. imported previously into the United commodities in question must meet the Currently, the only whole plants States. For that reason there are no pest following conditions: allowed importation from Mexico are interception data available to include in • The commodities in question must Allium spp., beets, carrots, parsley, and our risk assessments. be grown within pest-proof greenhouses radishes. These commodities are root Another commenter cited the court registered with Korea’s NPPO. crops and, as such, are enterable as decision on APHIS’s rule authorizing • The NPPO must also inspect and whole plants intended for consumption. the importation of citrus from Argentina regularly monitor those greenhouses The other commodities listed enterable (Harlan Land Company, et al. vs. United and plants, including fruit, at intervals as whole plants in the proposed rule States Department of Agriculture) of no more than 2 weeks from the time (asparagus, eggplants, jicama, and (referred to below as Harlan Land Co.), of fruit set until the end of harvest. tomatoes) were listed as such in error. and claimed that according to the • Each shipment must be We have amended the listings in this decision in that case, APHIS must accompanied by a phytosanitary final rule in order to correctly list the define what it considers to be a certificate issued by the NPPO, with an plant parts that, historically, have come ‘‘negligible level of risk’’ in the context additional declaration stating that the in under permit. Soil is prohibited entry of a rule authorizing the importation of commodities were grown in a registered with any commodity listed at § 319.56– fruit from a disease and pest infested greenhouse. 2t. area. The commenter stated that APHIS Growing plants in registered Another commenter claimed that the must thus define what it considers to be greenhouses will result in additional risk of pest contamination is greater in an acceptable level of risk, and it must scrutiny for symptoms and infected the case of commercial shipments since adequately explain that determination, plants will most likely be discovered the amount of commodities is greater and claimed that the proposed rule does and removed. The risk of seed than that associated with non- not do so. transmission is negligible since the commercial shipments. We disagree with this comment. In cucurbits will be imported only for Risk of pest dissemination associated the court decision on APHIS’s rule consumption. APHIS is confident that with commercial shipments is generally authorizing the importation of the inspection and certification lower since commercial growers are clementines from Spain (Cactus Corner, measures will serve as sufficient more likely to utilize proper LLC, et al. vs. United States Department mitigation against cucumber green phytosanitary practices, are aware of of Agriculture), the court concluded mottle mosaic virus. pest problems and the methods used to that, ‘‘[n]either law nor logic requires an Another commenter stated that the control them, and are generally more agency to quantify a numeric threshold recent discovery in certain parts of experienced in dealing with the of ‘acceptable risk’ every time risk Mexico of a new phytoplasma related to importation of various commodities. By prevention is sought to be achieved by but distinct from lethal yellowing contrast, noncommercial shipments are an agency rule.’’ disease, which affects coconuts, should principally comprised of commodities The commenter went on to advise that be taken into consideration. The hand-carried into the United States by we should consider all types of pests, commenter claimed that this new private citizens. There are far fewer not just those pests that are known to be phytoplasma on coconuts was not safeguards and assurances associated dangerous. He argued that pests that included in our risk assessment. with such commodities. By contrast, pose no danger in their countries of The Malayan dwarf and Maypan commercial shipments provide a far origin may prove harmful to domestic varieties of coconut resistant to the higher level of phytosanitary security. plants if they become established in the lethal yellowing phytoplasma are also One commenter stated that lack of differing environment in the United resistant to the new phytoplasma of funding at the ports of first arrival in the States. concern. Under the requirements set out United States means that many We do not regulate imports based on in the rule portion of this document, shipments cannot be or are not unknown or speculative risks. We coconut fruit with milk and husk must inspected. regulate based on sound scientific be accompanied by a phytosanitary While the Department of Homeland evidence, consistent with our authority certificate issued by Mexico that Security (DHS) conducts a majority of under the Plant Protection Act. We are

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confident that the mitigation measures As a signatory to the IPPC, the United the United States. However, some of the detailed in the rule are sufficient to States has agreed not to prescribe or data we believe would be helpful in protect against the scientifically adopt phytosanitary measures making this determination have not determined pests of concern. concerning the importation of plants, been available. Specifically, data are not The commenter cited our failure to plant products, and other regulated available on: (1) The quantity of certain consider appropriate monitoring as a articles unless such measures are made fruits and vegetables produced mitigation against infestation and stated necessary by phytosanitary domestically; (2) the quantity of that the environmental assessment does considerations and are technically potential imports; and (3) the degree to not examine the necessity of monitoring justified. Based on the conclusions of which imported fruits and vegetables at each stage of the importation process. our risk analyses, we do not believe that will displace existing imported or Monitoring, as described by the there is a technical justification for the domestic products. In our proposed commenter, is not required in all cases. phasing in of imports as suggested by rule, we asked the public to provide Program monitoring is required only the commenter. such data for specific commodities. In addition, we invited the public to when it is found to be necessary Environmental Assessment according to pest risk analysis. There is comment on the potential effects of the no need to examine the need for One commenter raised issues proposed rule on small entities, in monitoring in the absence of an regarding the environmental assessment particular the number and kind of small identified risk. In the case of this rule, that we prepared to document our entities that may incur benefits or costs we have determined that all risks are review and analysis of the potential from the implementation of the mitigated sufficiently by the measures environmental impacts associated with proposed rule. However, we did not described. Our risk assessments found the proposed rule. A detailed analysis of receive any additional information or the probability of artificial spread of the issues raised by the commenter can data in response to those requests. be found later in this document under pests via these commodities to be low. Effects on Small Entities Therefore, monitoring at each stage of the heading ‘‘National Environmental Data on the number and size of U.S. the import process as suggested by the Policy Act.’’ producers of the various commodities commenter becomes unnecessary. We Therefore, for the reasons given in the that will be eligible for importation into are confident that the mitigation proposed rule and in this document, we the United States under this rule are not measures, including port of entry are adopting the proposed rule as a final available. However, since most fruit and inspection, described in the rule and rule, with the changes discussed in this document. vegetable farms are small by Small considered in the environmental Business Administration standards, it is assessment are sufficient to protect Executive Order 12866 and Regulatory likely that the majority of U.S. farms against the quarantine pests of concern. Flexibility Act producing the commodities discussed The commenter stated that a This rule has been reviewed under below are small entities. The potential monitoring program must provide a Executive Order 12866. The rule has economic effects of this final rule are system by which the public may review been determined to be not significant for discussed below by commodity and and respond to the findings of that the purposes of Executive Order 12866 country of origin. monitoring. and, therefore, has not been reviewed by African horned cucumber from Chile. Our Cooperative Agricultural Pest the Office of Management and Budget. We are to amending the regulations to Survey (CAPS) reports finds and In accordance with 5 U.S.C. 604, we allow the entry of African horned movements of damaging foreign have performed a final regulatory cucumber from Chile. African horned organisms from all 50 States and U.S. flexibility analysis, which is set out cucumber is a specialty crop that is territories. CAPS tracks more than 4,000 below, regarding the economic effects of grown in small quantities. Less than 20 pests nationwide. The CAPS survey data this rule on small entities. acres of the fruit are cultivated in collected each year are entered into the We are amending the fruits and California, and less than 10 acres in National Agricultural Pest Information vegetables regulations to list a number Region V (Olmue) and Region X System (NAPIS) database which is of fruits and vegetables from certain (Osorno) of Chile have been cultivated available on the Internet at http:// parts of the world as eligible, under since 1996. Approximately 32,000 www.aphis.usda.gov/ppq/. specified conditions, for importation pounds of fruit are expected to be Providing constant formal reports on into the United States. All of the fruits shipped to the United States annually the results of our monitoring efforts and vegetables, as a condition of entry, from March to May. There is no reason beyond what is available through CAPS/ will be inspected and subject to to believe that allowing imports of NAPIS would be costly and time- treatment at the port of first arrival as African horned cucumber from Chile consuming. Our current rulemaking may be required by an inspector. In will have any significant economic mechanism allows us to make or addition, some of the fruits and impact on U.S. entities. In addition, we propose changes to the regulations that vegetables will be required to meet other believe that U.S. consumers of African are based on our consideration of a special conditions. We are also horned cucumber will benefit from the variety of complex and changeable recognizing areas in Peru as free from increase in its supply and availability. factors, including the findings of the South American cucurbit fly. These Annona spp. from Grenada. We are monitoring programs. actions will provide the United States amending the regulations to allow the The commenter suggested that we with additional types and sources of entry of commercial shipments of alter our approach to importation by fruits and vegetables while continuing cherimoya, soursop, custard apple, phasing in the approved fruit and to protect against the introduction of sugar apple, and atemoya, which are vegetable imports from each country quarantine pests through imported fruits species of Annona, into the United over successive years in order to ensure and vegetables. States from Grenada. In the United that any pests imported with the newly We have used all available data to States, Annona spp. are apparently a allowed commodities will not prove to estimate the potential economic effects specialty crop produced on a small scale be injurious once introduced into the of allowing the fruits and vegetables mainly in southern California; thus no United States. specified in this rule to be imported into data on the U.S. production of Annona

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spp. are available. Although no separate large, or consumers. In addition, we producers, whether small or large, or data are available on the production and believe that U.S. consumers of Annona consumers. While production and trade trade of Annona spp. from Grenada, spp. will benefit from the increase in data are not available for jicama, prickly data may have been included with the their supply and availability. pear, and tuna from Mexico or the production of all apples. From 2001 to Fruit and vegetables from Mexico. We United States, data are shown for the 2003, Grenada produced an average of are specifically listing Allium spp., other commodities, as available, in table 533 metric tons of apples. In addition, asparagus, banana, beets, carrots, 1. The data provided in table 1 are based Annona spp. exports may be included coconut fruit without husk, cucurbits, on either a 2- or 3-year average. The eggplant, grape, jicama, lemon, sour under the category of ‘‘apples, not averages presented for most U.S. and lime, parsley, pineapple, prickly pear elsewhere specified,’’ which includes Mexican production and trade, as well pads, radish, tomato, and tuna as wild apples. The 3-year average for admissible fruits and vegetables from as for tomato exports from Mexico, are exports of apples, not elsewhere Mexico. Because these fruits and for the 3-year period of 2000, 2001, and specified, from Grenada is 5 metric tons. vegetables have been admissible into the 2002. A 2-year average for 2000 and We believe that any exports to the United States from Mexico under 2001 is given for exports from Mexico United States will be minimal and will permit, specifically listing these (except tomatoes), U.S. production of not have any significant economic effect commodities in the regulations will not parsley and beets, and U.S. imports of on U.S. producers, whether small or have any economic effect on U.S. parsley and cucurbits.

TABLE 1.—U.S. AND MEXICAN PRODUCTION AND TRADE DATA (IN METRIC TONS) OF FRUITS AND VEGETABLES

U.S. imports Commodity U.S. from all U.S. imports Mexican Mexican production countries from Mexico production exports

Allum spp.: Shallot and green onion ...... 444,429 257,784 159,953 1,021,605 599,491 Garlic ...... 258,680 37,806 14,776 50,894 27,544 Leek and other alliaceous vegetables ...... (1) 3,040 2,752 (1) 87,455 Asparagus ...... 103,060 75,086 38,231 57,545 44,378 Banana ...... 12,850 4,232,383 74,560 1,961,201 126,368 Beets ...... 101,738 20,341 15,254 (1) 775,100 Carrot ...... 1,913,700 85,037 23,508 358,054 201,944 Coconut ...... 0 63,075 4,854 1,058,667 87,584 Cucurbits: Melon and watermelons ...... 2,969,250 882,350 363,902 1,469,700 572,529 Cucumbers and gherkins ...... 1,078,800 15,035 1,924 416,667 7,880 Pumpkins, squash, and gourds ...... 761,253 223,697 148,343 550,000 372,294 Eggplant ...... 77,290 40,233 36,863 59,000 135,697 Grape ...... 6,495,380 987,124 191,477 427,497 117,510 Lemon and lime ...... 572,250 218,816 184,814 1,658,420 733,184 Parsley ...... 14,210 5,897 (1) (1) (1) Pineapple ...... 302,500 348,617 19,923 598,629 117,510 Radish ...... 53,781 15,338 14,654 (1) (1) Tomato ...... 10,590,000 804,548 664,362 2,085,831 1,551,685 1 Not available.

Coconut fruit with milk and husk significant effect on either U.S. oriental pickling melon), and winter from Mexico. Coconut fruit without consumers or producers. In addition, we melon (honeydew and casaba melon). husk have been admissible into the believe that U.S. consumers will benefit The melon and watermelon from Peru United States from Mexico under from the increase in the supply and will be admissible from the Departments permit. In this final rule, we are availability of coconut fruit with milk of Lima, Ica, Arequipa, Moquegua, and amending the regulations to allow and husk from Mexico. Tacna, which we recognize as free of the coconut fruit with milk and husk from Pitaya from Mexico. In the United South American cucurbit fly. Mexico to be imported into the United States, pitaya are a specialty crop From 2001 to 2003, the United States States. While the data on coconut produced on a small scale; thus no data produced an average of almost 3 million production and trade do not on the U.S. production of pitaya are metric tons of melon and watermelon differentiate between coconut fruit with available. Mexican production and trade and imported an average of 882,350 or without husk and milk, it is possible data are also not available. metric tons. For that same 3-year period, that an increase in imports of coconuts Melon and watermelon from Peru. We Peru produced an average of 72,337 into the United States from Mexico will are amending the regulations to allow metric tons of melon and watermelon. occur, since coconut fruit with milk and the entry of commercial shipments of For the 2-year period of 2000 and 2001, husk have previously been inadmissible watermelon and several varieties of Peru exported an average of 1,393 from Mexico. Because the U.S. melon (Cucumis melo L. subsp. melo) metric tons of melon and watermelon. production of coconut fruit with milk into the United States from Peru. The Because the U.S. production of melon and husk is supplemented with imports specific varieties of melons that will be and watermelon is supplemented with in order to satisfy the domestic demand, considered for importation include imports in order to satisfy the domestic we do not believe that allowing the cantaloupe, netted melon (muskmelon, demand, we do not believe that importation of coconut fruit with milk nutmeg melon, and Persian melon), allowing the importation of melon and and husk from Mexico will have a vegetable melon (snake melon and watermelon from certain areas of Peru

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will have a significant effect on either to allow watermelon, squash, cucumber, average for 2000 and 2001 for exports U.S. consumers or producers. In and oriental melon to be imported into from South Korea. Note that the data addition, we believe that U.S. the United States from the Republic of include a broader category than what is consumers of melon and watermelon Korea (South Korea) under certain actually eligible to be imported; e.g., we will benefit from the increase in its conditions. Table 2 shows the average are allowing for the importation of supply and availability. U.S. and South Korean production and cucumber, but the data are available Watermelon, squash, cucumber, and trade data available for the 3-year period under the broader category of cucumber oriental melon from the Republic of of 2000, 2001, and 2002, with a 2-year and gherkins. Korea. We are amending the regulations

TABLE 2.—PRODUCTION AND TRADE DATA (IN METRIC TONS) FOR U.S. AND SOUTH KOREAN FRUITS AND VEGETABLES

U.S. imports U.S. imports Commodity U.S. from all from South South Korean South Korean production countries Korea production exports

Melon and watermelons ...... 2,969,250 882,350 0 324,260 428 Cucumbers and gherkins ...... 1,078,800 15,035 0 451,175 7,030 Pumpkins, squash, and gourds ...... 761,253 223,697 0 240,161 515

Grapes from South Korea. We are proceedings before parties may file suit melon from Peru, pitaya and coconut amending the regulations to allow the in court challenging this rule. with milk and husk from Mexico, importation of grapes into the United Annona spp. from Grenada, and African National Environmental Policy Act States from South Korea under certain horned cucumber from Chile would not conditions. From 2001 to 2003, the We have prepared an environmental be approved for importation into the United States produced an average of assessment for this rule. The United States. Under the second almost 6.5 million metric tons of grapes environmental assessment, entitled alternative—amending the fruits and and imported an average of 987,124 ‘‘Rule for the 12th Periodic Amendment vegetables regulations—the previously metric tons. For that same 3-year period, of the Fruits and Vegetables named fruits and vegetables from South Korea produced an average of Regulations’’ (September 2004), Mexico that have been enterable under 461,198 metric tons of grapes analyzes alternatives to amending the permit would be listed as enterable in (approximately 7 percent of the total regulations to allow the importation into the regulations, and the listed fruits and U.S. production) with an average export the United States of a number of fruits vegetables from South Korea, Peru, of 101 metric tons. Because the U.S. and vegetables from various areas of the Mexico, Grenada, and Chile would production of grapes is supplemented world under certain conditions. The become eligible for importation into the with imports in order to satisfy the environmental assessment may be United States under certain domestic demand, we do not believe accessed on the Internet at http:// phytosanitary conditions. _ that allowing the importation of grapes www.aphis.usda.gov/ppq/enviro docs/. The environmental assessment from South Korea will have a significant Copies of the environmental assessment describes the potential environmental effect on either U.S. consumers or are also available for public inspection effects associated with each alternative. producers. In addition, we believe that at USDA, room 1141, South Building, The environmental assessment also U.S. consumers of grapes will benefit 14th Street and Independence Avenue describes the phytosanitary measures from the increase in its supply and SW., Washington, DC, between 8 a.m. required for the importation of each availability. and 4:30 p.m., Monday through Friday, commodity, including treatment, except holidays. Persons wishing to specified growing conditions, limits on This rule contains various inspect copies are requested to call dates of shipping, inspection and recordkeeping requirements, which ahead on (202) 690–2817 to facilitate monitoring of growing areas by the plant were described in our proposed rule, entry into the reading room. In addition, protection organization of the country and which have been approved by the copies may be obtained by writing to the where grown, trapping in the growing Office of Management and Budget (see individual listed under FOR FURTHER areas, fruit cutting, safeguarding during ‘‘Paperwork Reduction Act’’ below). INFORMATION CONTACT. transport, and/or permits and Executive Order 12988 The environmental assessment for phytosanitary certificates. These this rule analyzes two alternatives, no measures have been designed to This final rule allows certain fruits action and amending the fruits and safeguard all potentially affected aspects and vegetables to be imported into the vegetables regulations. The no action of the human environment, including United States from certain parts of the alternative would be to leave the fruits human health and safety, non-target world. State and local laws and and vegetables regulations unchanged. species, and protected species and regulations regarding the importation of Under the no action alternative, (1) habitat. fruits and vegetables under this rule will certain fruits and vegetables from We omitted one commodity, coconut be preempted while the fruit is in Mexico (i.e., Allium spp., asparagus, with milk and husk of the Malayan foreign commerce. Fresh fruits and banana, beets, carrots, coconuts, Dwarf and Maypan hybrid varieties vegetables are generally imported for cucurbits, eggplant, grape, jicama, from Mexico, from the environmental immediate distribution and sale to the lemon, sour lime, parsley, pineapple, assessment that was prepared for the consuming public, and remain in prickly pear pads, radish, tomato, tuna, proposed rule and made available to the foreign commerce until sold to the coconut [fruit without husk], and public for comment. An analysis of this ultimate consumer. No retroactive effect pitaya) would continue to be eligible for commodity has been added to the will be given to this rule, and this rule importation under permit, and (2) environmental assessment prepared for will not require administrative cucurbits and grapes from South Korea, this final rule. Two quarantine pests of

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concern were identified in the proposed that its proposed action will not affect recordkeeping requirements included in rule as being associated with this listed species or designated critical this rule have been approved by the commodity, the red ring nematode and habitats. Consultation with FWS and/or Office of Management and Budget lethal yellowing disease. We have NMFS is not required if the agency has (OMB) under OMB control number determined that the risk associated with considered the effects of the proposed 0579–0236. red ring nematode is low since nuts on action on threatened, endangered, and infected trees fall prematurely and proposed species and determined that it Government Paperwork Elimination would not be harvested. The risk of will have no effect on those species or Act Compliance introduction of lethal yellowing disease their critical habitats. The Animal and Plant Health would also be low since coconuts with The commenter asked that APHIS, in Inspection Service is committed to husk and milk of the Malayan Dwarf its environmental assessment, address compliance with the Government and Maypan hybrids do not harbor the cumulative impacts of pesticides Paperwork Elimination Act (GPEA), lethal yellowing disease, including the and pests on the commodities in which requires Government agencies in new phytoplasma mentioned by one of question, the environment, and on general to provide the public the option the commenters and discussed earlier in humans. He additionally stated that it is of submitting information or transacting this final rule. necessary to investigate the infestation business electronically to the maximum As stated in the background section of potential of pests when introduced into extent possible. For information this final rule, one commenter raised a new environment, to identify those pertinent to GPEA compliance related to objections to the review and analysis of undesirable qualities in pests that may this rule, please contact Mrs. Celeste potential environmental impacts be triggered by environmental factors, Sickles, APHIS’ Information Collection contained in the environmental and to consider the possibility of Coordinator, at (301) 734–7477. assessment prepared for the proposed destructive hybridization occurring rule. The commenter raised several between native and non-native pests. List of Subjects in 7 CFR Part 319 issues, which are discussed below. Our environmental assessments are The commenter stated that, under the uniformly prepared subsequent to our Coffee, Cotton, Fruits, Honey, Endangered Species Act, Federal consideration of the best and most up- Imports, Logs, Nursery stock, Plant agencies are required to consult with the to-date scientific data. No scientific diseases and pests, Quarantine, U.S. Fish and Wildlife Service (FWS) evidence exists to support the Reporting and recordkeeping and the National Marine Fisheries commenter’s requests. As stated requirements, Rice, Vegetables. Service (NMFS) to ensure that their previously, in the unlikely event of a I Accordingly, we are amending 7 CFR actions will not prove harmful to any non-native pest being introduced into part 319 to read as follows: listed species. He further stated that the United States via an imported fruit APHIS had not performed such or vegetable, we have the authority to PART 319—FOREIGN QUARANTINE consultations and asked that we do so. immediately prohibit or further restrict NOTICES Section 7(a)(2) of the Endangered the importation of that commodity. Species Act of 1973 requires that Such action would almost certainly be I 1. The authority citation for part 319 Federal agencies ensure their actions are taken if a pest were to display new and continues to read as follows: not likely to jeopardize the continued destructive characteristics following its Authority: 7 U.S.C. 450 and 7701–7772; 21 existence of any endangered or introduction into the United States. U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and threatened species or result in the APHIS has considered the potential 371.3. destruction or adverse modification of effects of this final rule on the quality I 2. Section 319.56–1 is amended by critical habitat. Consultation with FWS of the human environment. The adding, in alphabetical order, a new and/or NMFS is required only if the exclusionary nature of the phytosanitary definition for country of origin to read as proposed action ‘‘may affect’’ listed measures required by this rule will follows: species or critical habitat. prevent entry of invasive species of Prior to the publication of the concern that are associated with the § 319.56–1 Definitions. proposed rule, APHIS prepared a fruits and vegetables, and this exclusion * * * * * biological assessment to consider the precludes any effects on native species Country of origin. Country where the potential risks to federally listed or their habitats. Based on the analysis plants from which the plant products threatened and endangered species and provided in the environmental are derived were grown. species proposed for listing that could assessment and our assessment of the be posed by the proposed importation of comments submitted on the proposed * * * * * certain fruits and vegetables from rule and its accompanying I 3. Section 319.56–2t is revised to read Mexico, Chile, Grenada, South Korea, environmental assessment, as follows: and Peru. Based upon the ability of the implementation of the rule will not phytosanitary measures described in the significantly impact the quality of the § 319.56–2t Administrative instructions: proposed rule to eliminate risks from Conditions governing the entry of certain human environment and an fruits and vegetables. shipments of these fruits and vegetables, environmental impact statement does we determined that the importation of not need to be prepared. (a) The following commodities may be those commodities would not affect any imported into all parts of the United endangered and threatened species or Paperwork Reduction Act States, unless otherwise indicated, from their habitats. This ‘‘no effect’’ In accordance with the Paperwork the places specified, in accordance with determination is the appropriate Reduction Act of 1995 (44 U.S.C. 3501 § 319.56–6 and all other applicable conclusion when an agency determines et seq.), the information collection or requirements of this subpart:

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Additional re- strictions (see Country/locality Common name Botanical name Plant part(s) paragraph (b) of this section)

Argentina ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Basil ...... Ocimum spp ...... Above ground parts. Currant ...... Ribes spp ...... Fruit. Endive ...... Cichorium endivia ...... Leaf and stem. Gooseberry ...... Ribes spp ...... Fruit. Marjoram ...... Origanum spp ...... Above ground parts. Oregano ...... Origanum spp ...... Above ground parts. Australia ...... Currant ...... Ribes spp ...... Fruit. Gooseberry ...... Ribes spp ...... Fruit. Austria ...... Asparagus, white ...... Asparagus officinalis ...... Shoot (no green may be visi- ble on the shoot). Barbados ...... Banana ...... Musa spp ...... Flower. Belgium ...... Leek ...... Allium spp ...... Whole plant ...... (b)(5)(i) Pepper ...... Capsicum spp ...... Fruit. Belize ...... Banana ...... Musa spp ...... Flower in bracts with stems. Bay leaf ...... Laurus nobilis ...... Leaf and stem. Mint ...... Mentha spp ...... Above ground parts. Papaya ...... Carica papaya ...... Fruit ...... (b)(1)(i), (b)(2)(iii). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Sage ...... Salivia officinalis ...... Leaf and stem. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Bermuda ...... Avocado ...... Persea americana ...... Fruit. Carambola ...... Averrhoa carambola ...... Fruit. Grapefruit ...... Citrus paradisi ...... Fruit. Guava ...... Psidium guajava ...... Fruit. Lemon ...... Citrus limon ...... Fruit. Longan ...... Dimocarpus longan ...... Fruit. Loquat ...... Eriobotrya japonica ...... Fruit. Mandarin orange ...... Citrus reticulata ...... Fruit. Natal plum ...... Carissa macrocarpa ...... Fruit. Orange, sour ...... Citrus aurantium ...... Fruit. Orange, sweet ...... Citrus sinensis ...... Fruit. Papaya ...... Carica papaya ...... Fruit. Passion fruit ...... Passiflora spp ...... Fruit. Peach ...... Prunus persica ...... Fruit. Pineapple guava ...... Feijoa spp ...... Fruit. Suriname cherry ...... Eugenia uniflora ...... Fruit. Bolivia ...... Belgian endive ...... Cichorium intybus ...... Leaf. Chile ...... African horned cucumber ...... Cucumis metuliferus ...... Fruit ...... (b)(2)(i). Babaco ...... Carica x heilborni var. Fruit ...... (b)(1)(i). pentagona. Basil ...... Ocimum spp ...... Above ground parts. Lucuma ...... Manilkara sapota (=Lucuma Fruit ...... (b)(1)(i). mammosa). Mountain papaya ...... Carica pubescens (=C. Fruit ...... (b)(1)(ii). candamarcensis). Oregano ...... Origanum spp ...... Leaf and stem. Pepper ...... Capsicum annuum ...... Fruit ...... (b)(1)(i). Sandpear ...... Pyrus pyrifolia ...... Fruit ...... (b)(1)(ii). Tarragon ...... Artemisia dracunculus ...... Above ground parts. China ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Colombia ...... Rhubarb ...... Rheum rhabarbarum ...... Stalk. Snow pea ...... Pisum sativum subsp. Flat, immature pod. sativum. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Cook Islands ...... Banana ...... Musa spp ...... Green fruit ...... (b)(4)(i). Cucumber ...... Cucumis sativus ...... Fruit. Drumstick ...... Moringa pterygosperma ...... Leaf. Ginger ...... Zingiber officinale ...... Root ...... (b)(2)(ii). Indian mulberry ...... Morinda citrifolia ...... Leaf. Lemongrass ...... Cymbopogon spp ...... Leaf. Tossa jute ...... Corchorus olitorius ...... Leaf. Costa Rica ...... Basil ...... Ocimum spp ...... Whole plant. Chinese kale ...... Brassica alboglabra ...... Leaf and stem. Chinese turnip ...... Raphanus sativus ...... Root. Cole and mustard crops, in- Brassica spp ...... Whole plant of edible vari- cluding cabbage, broccoli, eties only. cauliflower, turnips, mus- tards, and related varieties.

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Additional re- strictions (see Country/locality Common name Botanical name Plant part(s) paragraph (b) of this section)

Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Dominican Republic ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Durian ...... Durio zibethinus ...... Fruit. Ecuador ...... Banana ...... Musa spp ...... Flower. Basil ...... Ocimum spp ...... Above ground parts. Chervil ...... Anthriscus spp ...... Leaf and stem. Cole and mustard crops, in- Brassica spp ...... Whole plant of edible vari- cluding cabbage, broccoli, eties only. cauliflower, turnips, mus- tards, and related varieties. Radicchio ...... Cichorium spp ...... Above ground parts. El Salvador ...... Basil ...... Ocimum spp ...... Above ground parts. Cilantro ...... Coriandrum sativum ...... Above ground parts.. Cole and mustard crops, in- Brassica spp ...... Whole plant of edible vari- cluding cabbage, broccoli, eties only. cauliflower, turnips, mus- tards, and related varieties. Dill ...... Anethum graveolens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit with stem ...... (b)(3). Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile ...... Matricaria recutita and Flower and leaf ...... (b)(2)(i). Matricaria chamomilla. Loroco ...... Fernaldia spp ...... Flower, leaf, and stem. Oregano or sweet marjoram Origanum spp ...... Leaf and stem ...... (b)(2)(i). Parsley ...... Petroselinum crispum ...... Leaf and stem ...... (b)(2)(i). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i). Waterlily or lotus ...... Nelumbo nucifera ...... Roots without soil ...... (b)(2)(i). Yam-bean or Jicama ...... Pachyrhizus supp ...... Roots without soil ...... (b)(2)(i). France ...... Tomato ...... Lycopersicon esculentum ...... Fruit, stem, and leaf ...... (b)(4)(ii). Great Britain ...... Basil ...... Ocimum spp ...... Leaf and stem. Grenada ...... Abiu ...... Pouteria caimito ...... Fruit. Atemoya ...... Annona squamosa x A. Fruit ...... (b)(3). cherimola. Bilimbi ...... Averrhoa bilimbi ...... Fruit. Breadnut ...... Brosimum alicastrum ...... Fruit. Cherimoya ...... Annona cherimolaFruit ...... (b)(3). Cocoplum ...... Chrysobalanus icaco ...... Fruit. Cucurbits ...... Cucurbitaceae ...... Fruit. Custard apple ...... Annona reticulataFruit ...... (b)(3). Durian ...... Durio zibethinus ...... Fruit. Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Jambolan ...... Syzygium cumini ...... Fruit. Jujube ...... Ziziphus spp ...... Fruit. Langsat ...... Lansium domesticum ...... Fruit. Litchi ...... Litchi chinensis ...... Fruit. Malay apple ...... Syzygium malaccense ...... Fruit. Mammee apple ...... Mammea americana ...... Fruit. Peach palm ...... Bactris gasipaes ...... Fruit. Piper ...... Piper spp ...... Fruit. Pulasan ...... Nephelium ramboutan-ake .... Fruit. Rambutan ...... Nephelium Iappaceum ...... Fruit. Rose apple ...... Syzygium jambos ...... Fruit. Santol ...... Sandoricum koetjape ...... Fruit. Sapote ...... Pouteria sapota ...... Fruit. Soursop ...... Annona muricata ...... Fruit. (b)(3). Supar apple ...... Annona squamosa ...... Fruit. (b)(3). Guatemala ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Basil ...... Ocimum spp ...... Above ground parts. Dill ...... Anethum graveonlens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit with stem. Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile ...... Matricaria chamomilla and Flower and leaf ...... (b)(2)(i). Matricaria recutita. Jicama ...... Pachyrhizus tuberosus or P. Root. erosus.

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Additional re- strictions (see Country/locality Common name Botanical name Plant part(s) paragraph (b) of this section)

Loroco ...... Fernaldia spp ...... Flower and leaf. Mint ...... Mentha spp ...... Above ground parts. Oregano ...... Origanum spp ...... Leaf and stem. Papaya ...... Carica papaya ...... Fruit ...... (b)(1)(i), (b)(2)(iii). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Rhubarb ...... Rheum rhabarbarum ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i). Tarragon ...... Artemisia dracunculus ...... Above ground parts. Waterlily or lotus ...... Nelumbo nucifera ...... Roots without soil ...... (b)(2)(i). Haiti ...... Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Honduras ...... Banana ...... Musa spp ...... Flower. Basil ...... Ocimum basilicum ...... Leaf and stem ...... (b)(2)(i), (b)(5)(iv). Chicory ...... Cichorium spp ...... Leaf and stem. Cilantro ...... Coriandrum sativum ...... Above ground parts. Cole and mustard crops, in- Brassica spp ...... Whole plant of edible vari- cluding cabbage, broccoli, eties only. cauliflower, turnips, mus- tards, and related varieties. German chamomile ...... Matricaria recutita and Flower and leaf ...... (b)(2)(i). Matricaria chamomilla. Loroco ...... Fernaldia spp ...... Flower and leaf. Oregano or sweet marjoram Origanum spp ...... Leaf and stem ...... (b)(2)(i). Radish ...... Raphanus sativus ...... Root. Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Waterlily or lotus ...... Nelumbo nucifera ...... Roots without soil ...... (b)(2)(i) Yam-bean or Jicama ...... Pachyrhizus spp ...... Roots without soil ...... (b)(2)(i). Indonesia ...... Dasheen ...... Colocasia spp, Alocasia spp, Tuber ...... (b)(2)(iv). and Xanthosoma spp. Onion ...... Allium cepa ...... Bulb. Shallot ...... Allium ascalonicum ...... Bulb. Israel ...... Arugula ...... Eruca sativa ...... Leaf and stem. Chives ...... Allium schoenoprasum ...... Leaf. Dill ...... Anethum graveolens ...... Above ground parts. Mint ...... Mentha spp ...... Above ground parts. Parsley ...... Petroselinum crispum ...... Above ground parts. Watercress ...... Nasturtium officinale ...... Leaf and stem. Jamaica ...... Fenugreek ...... Tirgonella foenum-graceum .. Leaf, stem, root. Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Ivy gourd ...... Coccinia grandis ...... Fruit. Pak choi ...... Brassica chinensis ...... Leaf and stem. Pointed gourd ...... Trichosanthes dioica ...... Fruit. Japan ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Mioga ginger ...... Zingiber mioga ...... Above ground parts. Mung bean ...... Vigna radiata ...... Seed sprout. Soybean ...... Glycine max ...... Seed sprout. Liberia ...... Jute ...... Corchorus capsularis ...... Leaf. Potato ...... Solanum tuberosum ...... Leaf. Mexico ...... Allium ...... Allium spp ...... Whole plant. Anise ...... Pimpinella anisum ...... Leaf and stem. Apple ...... Malus domestica ...... Fruit ...... (b)(1)(iii). Apricot ...... Prunus armeniaca ...... Fruit ...... (b)(1)(iii). Arugula ...... Eruca sativa ...... Leaf and stem. Asparagus ...... Asparagus officinalis ...... Shoot. Banana ...... Musa spp ...... Flower and fruit. Bay leaf ...... Laurus nobilis ...... Leaf and stem. Beet ...... Beta vulgaris ...... Whole plant. Blueberry ...... Vaccinium spp ...... Fruit. Carrot ...... Daucus carota ...... Whole plant. Coconut ...... Cocos nucifera ...... Fruit without husk. Fruit with milk and husk ...... (b)(5)(v). Cucurbits ...... Cucurbitaceae ...... Inflorescence, flower, and fruit. Eggplant ...... Solanum melongena ...... Fruit with stem. Fig ...... Ficus carica ...... Fruit ...... (b)(1)(iii), (b)(2)(i). Grape ...... Vitis spp ...... Fruit, cluster, and leaf.

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Additional re- strictions (see Country/locality Common name Botanical name Plant part(s) paragraph (b) of this section)

Grapefruit ...... Citrus paradisi ...... Fruit ...... (b)(1)(iii). Jicama ...... Pachyrhizus tuberosus ...... Root. Lambsquarters ...... Chenopodium spp ...... Above ground parts. Lemon ...... Citrus limon ...... Fruit. Lime, sour ...... Citrus aurantiifolia ...... Fruit. Mango ...... Mangifera indica ...... Fruit ...... (b)(1)(iii). Orange ...... Citrus sinensis ...... Fruit ...... (b)(1)(iii). Parsley ...... Petroselinum crispum ...... Whole plant. Peach ...... Prunus persica ...... Fruit ...... (b)(1)(iii). Persimmon ...... Diospyros spp ...... Fruit ...... (b)(1)(iii). Pineapple ...... Ananas comosus ...... Fruit. Pitaya ...... Hylocereus spp ...... Frui...... (b)(1)(iv), (b)(2)(i). Piper ...... Piper spp ...... Leaf and stem. Pomegranate ...... Punica granatum ...... Fruit ...... (b)(1)(iii). Porophyllum ...... Porophyllum spp ...... Above ground parts. Prickly-pear pad ...... Opuntia spp ...... Pad. Radish ...... Raphanus sativus ...... Whole plant. Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Salicornia ...... Salicornia spp ...... Above ground parts. Tangerine ...... Citrus reticulata ...... Fruit ...... (b)(1)(iii). Tepeguaje ...... Leucaena spp ...... Fruit. Thyme ...... Thymus vulgaris ...... Above ground parts. Tomato ...... Lycopersicon lycopersicum ... Fruit, stem, and leaf. Tuna ...... Opuntia spp ...... Fruit. Morocco ...... Strawberry ...... Fragaria spp ...... Fruit. Morocco and Western Sahara Tomato ...... Lycopersicon esculentum ...... Fruit, stem, and leaf ...... (b)(4)(ii) Netherlands ...... Leek ...... Allium spp ...... Whole plant ...... (b)(5)(i). Radish ...... Raphanus sativus ...... Root. New Zealand ...... Avocado ...... Persea americana ...... Fruit. Fig ...... Ficus carica ...... Fruit. Oca ...... Oxalis tuberosa ...... Tuber. Nicaragua ...... Cilantro ...... Coriandrum sativum ...... Above ground parts. Cole and mustard crops, in- Brassica spp ...... Whole plant of edible vari- cluding cabbage, broccoli, eties only. cauliflower, turnips, mus- tards, and related varieties. Eggplant ...... Solanum melongena ...... Fruit with stem ...... (b)(3). Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile ...... Matricaria recutita and M. Flower and leaf ...... (b)(2)(i). chamomilla. Loroco ...... Fernaldia spp ...... Leaf and stem. Mint ...... Mentha spp ...... Above ground parts. Parsley ...... Petroselinum crispum ...... Above ground parts. Radicchio ...... Cichorium spp ...... Above ground parts. Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Rosemary ...... Rosmarinus officinalla ...... Above ground parts. Waterlily or lotus ...... Nelumbo nucifera ...... Roots without soil. (b)(2)(i). Yam-bean or Jicama ...... Pachyrhizus spp ...... Roots without soil. (b)(2)(i). Panama ...... Basil ...... Ocimum spp ...... Above ground parts. Bean, green and lima ...... Phaseolus vulgaris and P. Seed. lunatus. Belgian endive ...... Cichorium spp ...... Above ground parts. Chervil ...... Anthriscus cerefolium ...... Above ground parts. Chicory ...... Cichorium spp ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit with stem. Endive ...... Cichorium spp ...... Above ground parts. Fenugreek ...... Tirgonella foenum-graceum .. Leaf and stem. Lemon thyme ...... Thymus citriodorus ...... Leaf and stem. Mint ...... Mentha spp ...... Above ground parts. Oregano ...... Origanum spp ...... Above ground parts. Rambutan ...... Nephelium lappaceum ...... Fruit. (b)(2)(i), (b)(5)(iii). Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Peru ...... Arugula ...... Eruca sativa ...... Leaf and stem. Basil ...... Ocimum spp ...... Leaf and stem. Carrot ...... Daucus carota ...... Root.

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Additional re- strictions (see Country/locality Common name Botanical name Plant part(s) paragraph (b) of this section)

Chervil ...... Anthriscus spp ...... Leaf and stem. Cole and mustard crops, in- Brassica spp ...... Whole plant of edible vari- cluding cabbage, broccoli, eties only. cauliflower, turnips, mus- tards, and related varieties. Cornsalad ...... Valerianella spp ...... Whole plant. Dill ...... Anethum graveolens ...... Above ground parts. Lambsquarters ...... Chenopodium album ...... Above ground parts. Lemongrass ...... Cymbopogon spp ...... Leaf and stem. Marjoram ...... Origanum spp ...... Above ground parts. Mustard greens ...... Brassica juncea ...... Leaf. Oregano ...... Origanum spp ...... Leaf and stem. Parsley ...... Petroselinum crispum ...... Leaf and stem. Radicchio ...... Cichorium spp ...... Leaf. Swiss chard ...... Beta vulgaris ...... Leaf and stem. Thyme ...... Thymus vulgaris ...... Above ground parts. Philippines ...... Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Poland ...... Pepper ...... Capsicum spp ...... Fruit. Tomato ...... Lycopersicon esculentum ...... Fruit, stem, and leaf. Republic of Korea ...... Angelica ...... Aralia elata ...... Edible shoot. Aster greens ...... Aster scaber ...... Leaf and stem. Bonnet bellflower ...... Codonopsis lanceolata ...... Root. Chard ...... Beta vulgaris subsp. cicla ..... Leaf. Chinese bellflower ...... Platycodon grandiflorum ...... Root. Dasheen ...... Colocasia spp., Alocasia Root ...... (b)(2)(iv). spp., and Xanthosoma spp. Eggplant ...... Solanum melongena ...... Fruit with stem. Kiwi ...... Actinidia deliciosa ...... Fruit. Lettuce ...... Lactuca sativa ...... Leaf. Mugwort ...... Artemisia vulgaris ...... Leaf and stem. Onion ...... Allium cepa ...... Bulb. Shepherd’s purse ...... Capsella bursa-pastoris ...... Leaf and stem. Strawberry ...... Fragaria spp...... Fruit ...... (b)(5)(ii). Watercress ...... Nasturtium officinale ...... Leaf and stem. Youngia greens ...... Youngia sonchifolia ...... Leaf, stem, and root. Sierra Leone ...... Cassava ...... Manihot esculenta ...... Leaf. Jute ...... Corchorus capsularis ...... Leaf. Potato ...... Solanum tuberosum ...... Leaf. St. Vincent and the Grena- Turmeric ...... Curcuma longa ...... Rhizome. dines. South Africa ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Pineapple ...... Ananas spp...... Fruit. Spain ...... Eggplant ...... Solanum melongena ...... Fruit with stem ...... (b)(3). Tomato ...... Lycopersicon esculentum ...... Fruit, stem, and leaf ...... (b)(4)(ii). Watermelon ...... Citrullus lanatus ...... Fruit ...... (b)(3). Suriname ...... Amaranth ...... Amaranthus spp ...... Leaf and stem. Black palm nut ...... Astrocaryum spp ...... Fruit. Jessamine ...... Cestrum latifolium ...... Leaf and stem. Malabar spinach ...... Bassella alba ...... Leaf and stem. Mung bean ...... Vigna radiata ...... Seed sprout. Pak choi ...... Brassica chinensis ...... Leaf and stem. Sweden ...... Dill ...... Anethum graveolens ...... Above ground parts. Taiwan ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Burdock ...... Arctium lappa ...... Root. Wasabi (Japanese horse- Wasabia japonica ...... Root and stem. radish). Thailand ...... Dasheen ...... Alocasia spp., Colocasia Leaf and stem. spp., and Xanthosoma spp. Tumeric ...... Curcuma domestica ...... Leaf and stem. Tonga ...... Burdock ...... Arctium lappa ...... Root, stem, and leaf. Jicama tuberosus ...... Pachyrhizus tuberosus ...... Root. Pumpkin ...... Cucurbit maximaa ...... Fruit. Trinidad and Tobago ...... Lemongrass ...... Cymbopogon citratus ...... Leaf and stem. Leren ...... Calathea allouia ...... Tuber. Shield leaf ...... Cecropia peltata ...... Leaf and stem. Zambia ...... Snow pea ...... Pisum sativum spp. sativum Flat, immature pod.

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(b) Additional restrictions for (A) Bananas shipped by air are still (2) The cantaloupe or watermelon applicable fruits and vegetables as green upon arrival in the United States; must have been grown in an area where specified in paragraph (a) of this and trapping for the South American section. (B) Bananas shipped by sea are either cucurbit fly (Anastrepha grandis) has (1) Free areas. (i) The commodity still green upon arrival in the United been conducted for at least the previous must be from a Medfly-free area listed States or yellow but firm. 12 months by the national plant in § 319.56–2(j) and must be (ii) The tomatoes must be green upon protection organization (NPPO) of accompanied by a phytosanitary arrival in the United States. Pink or red Ecuador, under the direction of APHIS, certificate issued by the national plant fruit may only be imported in with no findings of the pest.7 protection organization (NPPO) of the accordance with § 319.56–2dd of this (3) The following area meets the country of origin with an additional subpart. requirements of paragraph (a)(2) of this declaration stating that the commodity (5) Other conditions. (i) Must be section: The area within 5 kilometers of accompanied by a phytosanitary originated in a Medfly-free area. either side of the following roads: certificate issued by the NPPO of the (i) Beginning in Guayaquil, the road (ii) The commodity must be from a country of origin with an additional north through Nobol, Palestina, and Medfly-free area listed in § 319.56–2(j) declaration stating that the commodity Balzar to Velasco-Ibarra (Empalme); and must be accompanied by a is apparently free of Acrolepiopsis (ii) Beginning in Guayaquil, the road phytosanitary certificate issued by the assectella. south through E1 26, Puerto Inca, NPPO of the country of origin with an (ii) Entry permitted only from Naranjal, and Camilo Ponce to Enriquez; additional declaration stating that the September 15 to May 31, inclusive, to (iii) Beginning in Guayaquil, the road commodity originated in a free area. prevent the introduction of a complex of east through Palestina to Vinces; Fruit from outside Medfly-free areas exotic pests including, but not limited (iv) Beginning in Guayaquil, the road must be treated in accordance with to a thrips (Haplothrips chinensis) and west through Piedrahita (Novol) to § 319.56–2x of this subpart. a leafroller (Capua tortrix). Pedro Carbo; or (iii) The commodity must be from a (iii) Must be accompanied by a (v) Beginning in Guayaquil, the road fruit-fly free area listed in § 319.56–2(h) phytosanitary certificate issued by the west through Progreso, Engunga, and must be accompanied by a NPPO of the country of origin with an Tugaduaja, and Zapotal to El Azucar. phytosanitary certificate issued by the additional declaration stating that the (4) The cantaloupe or watermelon NPPO of the country of origin with an fruit is free from Coccus moestus, C. may not be moved into Alabama, additional declaration stating that the viridis, Dysmicoccus neobrevipes, American Samoa, Arizona, California, commodity originated in a free area. Planococcus lilacinus, P. minor, and Florida, Georgia, Guam, Hawaii, (iv) The commodity must be from a Psedococcus landoi; and all damaged Louisiana, Mississippi, New Mexico, fruit-fly free area listed in § 319.56–2(h) fruit was removed from the shipment Puerto Rico, South Carolina, Texas, and and must be accompanied by a prior to export under the supervision of the U.S. Virgin Islands. The boxes in phytosanitary certificate issued by the the NPPO. which the cantaloupe or watermelon is NPPO of the country of origin with an (iv) Must be accompanied by a packed must be stamped with the name additional declaration stating: ‘‘These phytosanitary certificate issued by the of the commodity followed by the words regulated articles originated in an area NPPO of the country of origin with an ‘‘Not to be distributed in the following free from pests as designated in 7 CFR additional declaration stating that the States or territories: AL, AS, AZ, CA, FL, 319.56–2(h) and, upon inspection, were fruit is free from Planococcus minor. GA, GU, HI, LA, MS, NM, PR, SC, TX, found free of Dysmicoccus neobrevipes (v) Must be accompanied by a VI’’. and Planococcus minor.’’ phytosanitary certificate issued by the (b) Cantaloupe, honeydew melons, NPPO of the country of origin with an (2) Restricted importation and and watermelon from Brazil. additional declaration stating that the distribution. (i) Prohibited entry into Cantaloupe, honeydew melons, and fruit is of the Malayan dwarf variety or Puerto Rico, Virgin Islands, Hawaii, and watermelon may be imported into the Maypan variety (=F hybrid, Malayan Guam. Cartons in which commodity is 1 United States from Brazil only in Dwarf×Panama Tall) (which are packed must be stamped ‘‘Not for accordance with this paragraph and all resistant to lethal yellowing disease) other applicable requirements of this importation into or distribution within based on verification of the parent stock. PR, VI, HI, or Guam.’’ subpart: (Approved by the Office of (1) The cantaloupe, honeydew (ii) Prohibited entry into Puerto Rico, Management and Budget under control melons, or watermelon must have been Virgin Islands, and Guam. Cartons in numbers 0579–0049 and 0579–0236) grown in the area of Brazil considered which commodity is packed must be I 4. Sections 319.56–2y and 319.56–2aa by APHIS to be free of the South stamped ‘‘Not for importation into or are revised and a new § 319.56–2ll is American cucurbit fly in accordance distribution within PR, VI, or Guam.’’ added to read as follows: with § 319.56–2(e)(4) of this subpart. (iii) Prohibited entry into Hawaii. § 319.56–2y Conditions governing the (i) The following area in Brazil is Cartons in which commodity is packed entry of melon and watermelon from certain considered free of the South American must be stamped ‘‘Not for importation countries in South America. cucurbit fly: That portion of Brazil into or distribution within HI.’’ (a) Cantaloupe and watermelon from bounded on the north by the Atlantic (iv) Prohibited entry into Guam. Ecuador. Cantaloupe (Cucumis melo) Ocean; on the east by the River Assu Cartons in which commodity is packed and watermelon (fruit) (Citrullus (Acu) from the Atlantic Ocean to the must be stamped ‘‘Not for importation lanatus) may be imported into the city of Assu; on the south by Highway into or distribution within Guam.’’ United States from Ecuador only in BR 304 from the city of Assu (Acu) to (3) Commercial shipments only. accordance with this paragraph and all Mossoro, and by Farm Road RN–015 (4) Stage of fruit. (i) The bananas must other applicable requirements of this be green at the time of export. Inspectors subpart: 7 Information on the trapping program may be obtained by writing to the Animal and Plant Health at the port of arrival will determine that (1) The cantaloupe or watermelon Inspection Service, International Services, Stop the bananas were green at the time of may be imported in commercial 3432, 1400 Independence Avenue SW., export if: shipments only. Washington, DC 20250–3432.

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from Mossoro to the Ceara State line; melo); and watermelon may be imported of traps must be set as follows: Two and on the west by the Ceara State line into the United States from Peru only in traps for greenhouses smaller than 0.2 to the Atlantic Ocean. accordance with this paragraph and all hectare in size; three traps for (ii) All shipments of cantaloupe, other applicable requirements of this greenhouses 0.2 to 0.5 hectare; four honeydew melons, and watermelon subpart: traps for greenhouses over 0.5 hectare must be accompanied by a (1) The fruit may be imported in and up to 1.0 hectare; and for phytosanitary certificate issued by the commercial shipments only. greenhouses greater than 1 hectare, traps NPPO of Brazil that includes a (2) The fruit must have been grown in must be placed at a rate of four traps per declaration indicating that the fruit was the area of Peru considered by APHIS to hectare. grown in an area recognized to be free be free of the South American cucurbit (d) The NPPO must check all traps of the South American cucurbit fly. fly in accordance with § 319.56–2(e)(4) once every 2 weeks. If a single pumpkin (2) The cantaloupe, honeydew of this subpart. fruit fly is captured, that greenhouse melons, and watermelon must be (i) The Departments of Lima, Ica, will lose its registration until trapping packed in an enclosed container or Arequipa, Moquegua, and Tacna in Peru shows that the infestation has been vehicle, or must be covered by a pest- are considered free of the South eradicated. proof screen or plastic tarpaulin while American cucurbit fly. (e) The fruit may be shipped only in transit to the United States. (ii) All shipments must be from December 1 through April 30. (3) All shipments of cantaloupe, accompanied by a phytosanitary (f) Each shipment must be honeydew melons, and watermelon certificate issued by the NPPO of Peru accompanied by a phytosanitary must be labeled in accordance with that includes a declaration indicating certificate issued by NPPO, with the § 319.56–2(g) of this subpart. that the fruit was grown in an area following additional declaration: ‘‘The (c) Cantaloupe, honeydew melons, recognized to be free of the South regulated articles in this shipment were and watermelon from Venezuela. American cucurbit fly, and upon grown in registered greenhouses as Cantaloupe, honeydew melons, and inspection, was found free of the gray specified by 7 CFR 319.56–2aa.’’ watermelon may be imported into the pineapple mealybug (Dysmicoccus (g) Each shipment must be protected United States from Venezuela only in neobrevipes). accordance with this paragraph and all from pest infestation from harvest until (3) The fruit must be packed in an export. Newly harvested fruit must be other applicable requirements of this enclosed container or vehicle, or must subpart: covered with insect-proof mesh or a be covered by a pest-proof screen or plastic tarpaulin while moving to the (1) The cantaloupe, honeydew plastic tarpaulin while in transit to the melons, or watermelon must have been packinghouse and awaiting packing. United States. Fruit must be packed within 24 hours of grown in the area of Venezuela (4) All shipments of fruit must be considered by APHIS to be free of the harvesting, in an enclosed container or labeled in accordance with § 319.56– vehicle or in insect-proof cartons or South American cucurbit fly in 2(g) of this subpart, and the boxes in accordance with § 319.56–2(e)(4) of this cartons covered with insect-proof mesh which the fruit is packed must be or plastic tarpaulin, and then placed in subpart. labeled ‘‘Not for distribution in HI, PR, (i) The following area in Venezuela is containers for shipment. These VI, or Guam.’’ safeguards must be intact when the considered free of the South American (Approved by the Office of shipment arrives at the port in the cucurbit fly: The Paraguana Peninsula, Management and Budget under control United States. located in the State of Falcon, bounded number 0579–0236) on the north and east by the Caribbean (Approved by the Office of Ocean, on the south by the Gulf of Coro § 319.56–2aa Conditions governing the Management and Budget under control and an imaginary line dividing the entry of watermelon, squash, cucumber, number 0579–0236) autonomous districts of Falcon and and oriental melon from the Republic of Korea. § 319.56–2ll Conditions governing the Miranda, and on the west by the Gulf of entry of grapes from the Republic of Korea. Venezuela. Watermelon (Citrullus lanatus), (ii) All shipments of cantaloupe, squash (Curcurbita maxima), cucumber Grapes (Vitis spp.) may be imported honeydew melons, and watermelon (Cucumis sativus), and oriental melon into the United States from the Republic must be accompanied by a (Cucumis melo) may be imported into of Korea under the following conditions: phytosanitary certificate issued by the the United States from the Republic of (a) The fields where the grapes are NPPO of Venezuela that includes a Korea only in accordance with this grown must be inspected during the declaration indicating that the fruit was paragraph and all other applicable growing season by the Republic of grown in an area recognized to be free requirements of this subpart: Korea’s national plant protection of the South American cucurbit fly. (a) The fruit must be grown in pest- organization (NPPO). The NPPO will (2) The cantaloupe, honeydew proof greenhouses registered with the inspect 250 grapevines per hectare, melons, and watermelon must be Republic of Korea’s national plant inspecting leaves, stems, and fruit of the packed in an enclosed container or protection organization (NPPO). vines. vehicle, or must be covered by a pest- (b) The NPPO must inspect and (b) If evidence of Conogethes proof screen or plastic tarpaulin while regularly monitor greenhouses for plant punctiferalis, Eupoecilia ambiguella, in transit to the United States. pests. The NPPO must inspect Sparganothis pilleriana, Stathmopoda (3) All shipments of cantaloupe, greenhouses and plants, including fruit, auriferella, or Monilinia fructigena is honeydew melons, and watermelon at intervals of no more than 2 weeks, detected during inspection, the field must be labeled in accordance with from the time of fruit set until the end will immediately be rejected, and § 319.56–2(g) of this subpart. of harvest. exports from that field will be canceled (d) Cantaloupe, netted melon, (c) The NPPO must set and maintain until visual inspection of the vines vegetable melon, winter melon, and McPhail traps (or a similar type with a shows that the infestation has been watermelon from Peru. Cantaloupe, protein bait that has been approved for eradicated. netted melon, vegetable melon, and the pests of concern) in greenhouses (c) Fruit must be bagged from the time winter melon (Cucumis melo L. subsp. from October 1 to April 30. The number the fruit sets until harvest.

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(d) Each shipment must be inspected Background O of 12 CFR part 19. The table identifies by the NPPO before export. For each The Inflation Adjustment Act (Act), the statutes that provide the OCC with shipment, the NPPO must issue a 28 U.S.C. 2461 note, requires the OCC, CMP authority, describes the different phytosanitary certificate with an as well as other Federal agencies with tiers of penalties provided in each additional declaration stating that the CMP authority, to publish regulations to statute (as applicable), and sets out the fruit in the shipment was found free adjust each CMP authorized by a law inflation-adjusted maximum penalty from C. punctiferalis, E. ambiguella, S. that the agency has jurisdiction to that the OCC may impose pursuant to pilleriana, S. auriferella, or M. administer. The purpose of these each statutory provision. fructigena, and Nippoptilia vitis. adjustments is to maintain the deterrent The Act requires that we compute the (Approved by the Office of effect of CMPs and to promote inflation adjustment by comparing the Management and Budget under control compliance with the law. The Act CPI–U for June of the year in which the number 0579–0236) requires adjustments to be made at least CMPs were last set or adjusted with the Done in Washington, DC, this 4th day of once every four years following the CPI–U for June of the calendar year November 2004. initial adjustment. The OCC’s prior preceding the adjustment. 28 U.S.C. W. Ron DeHaven, adjustment to each CMP was published 2461 note. For those CMPs that were Administrator, Animal and Plant Health in the Federal Register on December 11, adjusted in 2000, we compared the CPI– Inspection Service. 2000, 65 FR 77250, and became effective U for June 2003 (183.7) with the CPI– [FR Doc. 04–25042 Filed 11–9–04; 8:45 am] that same day. U for June 2000 (172.4). This resulted in The Act requires that the adjustment BILLING CODE 3410–34–P an inflation adjustment of 6.6 percent. reflect the percentage increase in the For those penalties that were last Consumer Price Index between June of adjusted in 1997, we compared the CPI– the calendar year preceding the year in U for June 1997 (160.3) to the CPI–U for DEPARTMENT OF THE TREASURY which the adjustment will be made and June 2003 (183.7). This resulted in an June of the calendar year in which the inflation increase of 14.6 percent. The Office of the Comptroller of the amount was last set or adjusted. The Act Currency penalty for failure to require flood defines the Consumer Price Index as the insurance or notify the borrower of lack Consumer Price Index for all urban 12 CFR Part 19 of coverage, 42 U.S.C. 4012a(f)(5), has consumers (CPI–U) published by the never been adjusted for inflation 1 [Docket No. 04–24] Department of Labor. See 28 because of application of the rounding U.S.C. 2461 note. In addition, the Act rules. For that penalty, we compared the RIN 1557–AC82 provides rules for rounding off CPI–U for June of the year of enactment, increases,2 and requires that any 1994 3 (148.0), with the CPI–U for June Rules of Practice and Procedure; Civil increase in a CMP apply only to 2003 (183.7). This resulted in an Money Penalty Inflation Adjustments violations that occur after the date of the inflation increase of 24.1 percent. adjustment. Finally, section 2 of the We multiplied the amount of each AGENCY: Office of the Comptroller of the Debt Collection Improvement Act, 28 CMP by the appropriate percentage Currency, Treasury. U.S.C. 2461 note, limited the initial inflation adjustment and added that ACTION: Final rule. adjustment of a CMP pursuant to the amount to the current penalty. We Act to 10 percent of the amount set by rounded the resulting dollar amount up SUMMARY: The Office of the Comptroller statute. of the Currency (OCC) is amending its or down according to the rounding rules of practice and procedure to adjust Description of the Final Rule requirements of the Act. In some cases, the maximum amount of each civil Inflation Adjustment rounding resulted in no adjustment to money penalty (CMP) within its the CMP. In the case of the flood jurisdiction to account for inflation. This final rule adjusts the amount for insurance penalty, the increase was This action, including the amount of the each type of CMP that the OCC has capped at 10 percent because this is the adjustment, is required under the jurisdiction to impose in accordance initial adjustment. The following table Federal Civil Penalties Inflation with the statutory requirements by shows both the present CMPs and the Adjustment Act of 1990, as amended by revising the table contained in subpart inflation adjusted CMPs. The table the Debt Collection Improvement Act of published in § 19.240(a) is shorter and 1 The Department of Labor computes the CPI–U shows only the adjusted CMPs, not the 1996. The OCC is also making a using two different base time periods, 1967 and technical correction to resolve an error 1982–1984, and the Act does not specify which of calculations. in the numbering of sections in part 19. these base periods should be used to calculate the New § 19.240(b) states that the inflation adjustment. The OCC, consistent with the DATES: Effective Date: December 10, other Federal banking agencies, has used the CPI– adjustments made in § 19.240(a) apply 2004. U with 1982–84 as the base period. only to violations that occur after the 2 The Act’s rounding rules require that an effective date of this final rule. FOR FURTHER INFORMATION CONTACT: Jean increase be rounded to the nearest multiple of: $10 Campbell, Senior Attorney, Legislative in the case of penalties less than or equal to $100; The OCC will readjust these amounts and Regulatory Activities Division, $100 in the case of penalties greater than $100 but in 2008 and every four years thereafter, (202) 874–5090, or Carolyn Amundson, less than or equal to $1,000; $1,000 in the case of assuming there are no further changes to penalties greater than $1,000 but less than or equal the mandate imposed by the Act. Counsel, Enforcement and Compliance to $10,000; $5,000 in the case of penalties greater Division, (202) 874–4800, Office of the than $10,000 but less than or equal to $100,000; Comptroller of the Currency, 250 E $10,000 in the case of penalties greater than 3 See Riegle Community Development and $100,000 but less than or equal to $200,000; and Regulatory Improvement Act of 1994 (RDCRIA), Street, SW., Washington, DC 20219. $25,000 in the case of penalties greater than Pub. L. 103–325, Title V, section 525, 108 Stat. SUPPLEMENTARY INFORMATION: $200,000. See 28 U.S.C. 2461 note. 2260.

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