[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20181]
Federal Register / Vol. 59, No. 158 / Wednesday, August 17, 1994 /
[[Page Unknown]]
[Federal Register: August 17, 1994]
VOL. 59, NO. 158
Wednesday, August 17, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 319
[Docket No. 94-035-2]
Importation of Fuji Variety Apples From Japan and the Republic of
Korea
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Fruits and Vegetables regulations to allow
the importation of Fuji variety apples from Japan and the Republic of
Korea. As a condition of entry, the Fuji variety apples have to be cold
treated and fumigated for certain injurious insects in Japan or the
Republic of Korea under the supervision of the Animal and Plant Health
Inspection Service. The Fuji variety apples also have to be inspected
by the Animal and Plant Health Inspection Service and the national
plant protection agency in Japan or the Republic of Korea prior to
export. This action relieves restrictions on the importation into the
United States of Fuji variety apples from Japan and the Republic of
Korea without presenting a significant risk of introducing injurious
insects into the United States.
EFFECTIVE DATE: August 17, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser or Mr. Frank E.
Cooper, Senior Operations Officers, Port Operations, Plant Protection
and Quarantine, APHIS, USDA, room 632, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-6799.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.56 through 319.56-8 (referred to below
as the regulations) prohibit or restrict the importation into the
United States of fruits and vegetables from certain parts of the world
to prevent the introduction and dissemination of injurious insects that
are new to or not widely distributed within and throughout the United
States.
On June 8, 1994, we published in the Federal Register (59 FR 29557-
29559, Docket No. 94-035-1) a document in which we proposed to amend
the regulations to allow Fuji variety apples from Japan and the
Republic of Korea to be imported into the United States under certain
conditions. The importation of Fuji variety apples from Japan and the
Republic of Korea has been prohibited because of the risk that they
could introduce injurious insects into the United States. We proposed
to allow importation at the request of those countries' ministries of
agriculture and after determining that the apples could be imported
under certain conditions without significant pest risk.
We solicited comments on the proposed rule for a 30-day period
ending on July 8, 1994. We received two comments by that date. In one,
a foreign ministry of agriculture supported the proposal.
In the other, a State department of agriculture expressed concerns
regarding the possible spread into the United States of three fungal
diseases (Diplocarpon mali, Monilinia mali, and Alternaria mali) known
to affect apples in Japan and the Pacific rim. Two of the diseases are
exotic to the United States and the other is known to occur only in the
Southeastern United States. The commenter recommends that we conduct
pest risk assessments for the three diseases in order to determine if
mitigation measures are necessary.
Prior to proposing to allow Fuji variety apples to be imported from
Japan and the Republic of Korea, we assessed the risk of exotic pests
being introduced into the United States on the apples. Based on this
assessment, we believe that the risk of the three fungal diseases
spreading into the United States will be mitigated by numerous factors.
For instance, these three fungal diseases are primarily leaf pathogens
and seldom infect fruit, unless inoculum pressures are high.
Furthermore, the routine cultural practices for Fuji variety apple
production in Japan and the Republic of Korea, such as orchard
sanitation and the bagging of fruit, effectively suppress outbreaks of
these diseases. Finally, we believe that the required inspections of
the fruit following treatment in Japan or the Republic of Korea will
allow us to easily identify fruit infected with any of the three fungal
diseases and prevent its entry into the United States.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule without change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. Making this rule effective immediately will allow interested
producers and others in the marketing chain to benefit from this
additional source of fruit. Therefore, the Administrator of the Animal
and Plant Health Inspection Service has determined that this rule
should be effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the Fruits and Vegetables regulations by allowing
the importation of Fuji variety apples from Japan and the Republic of
Korea.
According to an estimate by the International Apple Institute, U.S.
growers produced approximately 160 million pounds of Fuji apples in
1993, about 1.5 percent of the total U.S. apple production for that
year. It is likely that this estimate understates the amount of Fuji
apples produced domestically, as Fuji acreage in California,
Washington, and other States is expanding rapidly.
About 75 percent of the Fuji variety apples grown in the United
States are grown in California and Washington. In 1993, growers in
California and Washington produced about 60 million pounds per State,
while growers in other States produced a total of about 40 million
pounds. Statistics on the number of domestic growers of Fuji apples and
their sizes are not available.
Most of the domestic production of Fuji apples is exported because
demand, and consequently the price, for Fuji apples is quite low in the
United States as compared to other countries, particularly in the
Pacific Rim. Prices of $30 to $50 per 40-pound box (depending upon
quality) are common in Hong Kong, Taiwan, and other Pacific Rim
markets. Domestic buyers, however, have been paying less than half that
price.
Growers in the Republic of Korea produce annually about 923 million
pounds of Fuji variety apples. APHIS estimates that about 220,000 to
440,000 pounds of Fuji variety apples might be exported per year from
the Republic of Korea to the United States. This estimate assumes the
Republic of Korea's exports to the United States will approach levels
currently exported to European countries.
Japanese growers produce annually about 1.18 billion pounds of Fuji
variety apples, just over half of Japan's total annual apple
production. APHIS estimates that exports to the United States of all
varieties of Japanese apples would probably never exceed 2.2 million
pounds.
It is unlikely that imports of Fuji variety apples from Japan and
the Republic of Korea will reach the estimated levels above, due to the
low demand and low price for Fuji variety apples in the United States.
However, even if imports were to reach 2.6 million pounds (2.2 million
pounds from Japan and 440,000 pounds from the Republic of Korea), this
would constitute less than 1.4 percent of domestic production of Fuji
variety apples. Consequently, allowing Fuji variety apples to be
imported from Japan and the Republic of Korea will not have a
significant economic impact on domestic Fuji variety apple producers or
other small entities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule allows Fuji variety apples to be imported into the United
States from Japan and the Republic of Korea under certain conditions.
State and local laws and regulations regarding Fuji variety apples
imported under this rule will be preempted while the fruit is in
foreign commerce. Fresh apples are generally imported for immediate
distribution and sale to the consuming public, and will remain in
foreign commerce until sold to the ultimate consumer. The question of
when foreign commerce ceases in other cases must be addressed on a
case-by-case basis. No retroactive effect will be given to this rule;
and this rule will not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this final rule will be submitted for approval to the
Office of Management and Budget.
List of Subjects
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery Stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, title 7, chapter III, of the Code of Federal
Regulations is amended as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 is revised to read as
follows:
Authority: 7 U.S.C. 150ee, 154, 161, 162, 167; 7 CFR 2.17, 2.51,
and 371.2(c).
2. In Sec. 300.1, paragraph (a) is revised to read as follows:
Sec. 300.1 Materials incorporated by reference.
(a) The Plant Protection and Quarantine Treatment Manual, which was
revised and reprinted November 30, 1992, and includes all revisions
through August 1994, has been approved for incorporation by reference
in 7 CFR chapter III by the Director of the Office of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
3. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450; 21 U.S.C.
136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).
4. In Subpart--Fruits and Vegetables, a new Sec. 319.56-2cc is
added to read as follows:
Sec. 319.56-2cc Administrative instructions governing the entry of
Fuji variety apples from Japan and the Republic of Korea.
Fuji variety apples may be imported into the United States from
Japan and the Republic of Korea only under the following conditions:
(a) Treatment and fumigation. The apples must be cold treated and
then fumigated, under the supervision of an Animal and Plant Health
Inspection Service (APHIS) inspector, either in Japan or the Republic
of Korea, for the peach fruit moth (Carposina niponensis), the yellow
peach moth (Conogethes punctiferalis), the fruit tree spider mite
(Tetranychus viennensis), and the kanzawa mite (T. kanzawai), in
accordance with the Plant Protection and Quarantine Treatment Manual,
which is incorporated by reference at Sec. 300.1 of this chapter.
(b) APHIS inspection. The apples must be inspected upon completion
of the treatments required by paragraph (a) of this section, prior to
export from Japan or the Republic of Korea, by an APHIS inspector and
an inspector from the national plant protection agency of Japan or the
Republic of Korea. The apples shall be subject to further disinfection
in the exporting country if plant pests are found prior to export.
Imported Fuji variety apples inspected in Japan or the Republic of
Korea are also subject to inspection and disinfection at the port of
first arrival, as provided in Sec. 319.56-6.
(c) Trust fund agreements. The national plant protection agency of
the exporting country must enter into a trust fund agreement with APHIS
before APHIS will provide the services necessary for Fuji variety
apples to be imported into the United States from Japan or the Republic
of Korea. The agreement requires the national plant protection agency
to pay in advance of each shipping season all costs that APHIS
estimates it will incur in providing services in Japan or the Republic
of Korea during that shipping season. These costs include
administrative expenses and all salaries (including overtime and the
Federal share of employee benefits), travel expenses (including per
diem expenses), and other incidental expenses incurred by APHIS in
performing these services. The agreement requires the national plant
protection agency to deposit a certified or cashiers check with APHIS
for the amount of these costs, as estimated by APHIS. If the deposit is
not sufficient to meet all costs incurred by APHIS, the agreement
further requires the national plant protection agency to deposit with
APHIS a certified or cashiers check for the amount of the remaining
costs, as determined by APHIS, before APHIS will provide any more
services necessary for Fuji variety apples to be imported into the
United States from that country. After a final audit at the conclusion
of each shipping season, any overpayment of funds will be returned to
the national plant protection agency, or held on account until needed,
at that agency's option.
(d) Department not responsible for damage. The treatments
prescribed in paragraph (a) of this section are judged from
experimental tests to be safe for use with Fuji variety apples from
Japan and the Republic of Korea. However, the Department assumes no
responsibility for any damage sustained through or in the course of
such treatment or by compliance with requirements under paragraph (a)
or (b) of this section.
Done in Washington, DC, the 11th day of August 1994.
William S. Wallace,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-20181 Filed 8-16-94; 8:45 am]
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