Federal Register, Volume 59 Issue 205 (Tuesday, October 25, 1994)

[Federal Register Volume 59, Number 205 (Tuesday, October 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26240]

[[Page Unknown]]

[Federal Register: October 25, 1994]

VOL. 59, NO. 205

Tuesday, October 25, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 94-036-1]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow a number of previously prohibited
fruits and vegetables to be imported into the United States from
certain parts of the world. All of the fruits and vegetables, as a
condition of entry, would be subject to inspection, disinfection, or
both, at the port of first arrival as may be required by a U.S.
Department of Agriculture inspector. In addition, some of the fruits
and vegetables would be required to undergo prescribed treatments for
fruit flies or other injurious insects as a condition of entry, or to
meet other special conditions. This proposed action would provide the
United States with additional kinds and sources of fruits and
vegetables while continuing to provide protection against the
introduction and dissemination of injurious plant pests by imported
fruits and vegetables.

DATES: Consideration will be given only to comments received on or
before November 25, 1994.

ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 94-036-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Cooper or Mr. Peter
Grosser, Senior Operations Officers, Port Operations, Plant Protection
and Quarantine, APHIS, USDA, room 635, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-8645.

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 of fruits and
vegetables into the United States 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.
We are proposing to amend the regulations to allow additional
fruits and vegetables to be imported into the United States from
certain parts of the world under specified conditions. The importation
of these fruits and vegetables has been prohibited because of the risk
that the fruits and vegetables could introduce injurious insects into
the United States. We are proposing to allow these importations at the
request of various importers and foreign ministries of agriculture, and
after conducting pest risk analyses^{1 that indicate the fruits or
vegetables can be imported under certain conditions without significant
pest risk.
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\1\Information on these pest risk analyses and any other pest
risk analysis referred to in this document may be obtained by
writing to the persons listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

All of the fruits and vegetables included in this document would be
subject to the requirements in Sec. 319.56-6 of the regulations.
Section 319.56-6 provides, among other things, that all imported fruits
and vegetables, as a condition of entry, shall be subject to
inspection, disinfection, or both, at the port of first arrival, as may
be required by a U.S. Department of Agriculture (USDA) inspector to
detect and eliminate plant pests. Section 319.56-6 also provides that
any shipment of fruits and vegetables may be refused entry if the
shipment is infested with fruit flies or other dangerous plant pests
and an inspector determines that it cannot be cleaned by disinfection
or treatment.
Some of the fruits and vegetables proposed for importation also
would be required to undergo prescribed treatments for fruit flies or
other insect pests as a condition of entry, or to meet other special
conditions.
The proposed conditions of entry, which are discussed in greater
detail below, appear adequate to prevent the introduction and
dissemination of injurious plant pests by the importation of fruits and
vegetables from certain foreign countries and localities into the
United States.
Subject to Inspection and Treatment Upon Arrival
We are proposing to allow the following fruits and vegetables to be
imported into the United States from the country or locality indicated
in accordance with Sec. 319.56-6 and all other applicable requirements
of the regulations:

----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina.................. Currant.................... Ribes spp................. Fruit.
Gooseberry................. Ribes spp................. Fruit.
Australia.................. Currant.................... Ribes spp................. Fruit.
Gooseberry................. Ribes spp................. Fruit.
Austria.................... Asparagus, white........... Asparagus officinalis..... Shoot.\2\
Belize..................... Sage....................... Salvia officinalis........ Leaf and stem.
El Salvador................ Cilantro................... Coriandrum sativum........ Above ground parts.
Dill....................... Anethum graveolens........ Above ground parts.
Honduras................... Cilantro................... Coriandrum sativum........ Above ground parts.
Indonesia.................. Onion...................... Allium cepa............... Bulb.
Shallot.................... Allium ascalonicum........ Bulb.
Nicaragua.................. Cilantro................... Coriandrum sativum........ Above ground parts.
Peru....................... Cornsalad.................. Valerianella spp.......... Whole plant.
Lambsquarters.............. Chenopodium album......... Above ground parts.
South Korea................ Eggplant................... Solanum melongena......... Fruit.
Kiwi....................... Actinidia deliciosa....... Fruit.
Lettuce.................... Lactuca sativa............ Leaf.
Tonga...................... Jicama..................... Pachyrhizus tuberosus..... Root.
----------------------------------------------------------------------------------------------------------------
\2\No green may be visible on the shoot.

Pest risk analyses conducted by the Animal and Plant Health
Inspection Service (APHIS) have shown that the fruits and vegetables
listed above are not attacked by fruit flies or other injurious plant
pests, either because they are not hosts to the pests or because the
pests are not present in the country or locality of origin. In
addition, we have determined that any other injurious plant pests that
might be carried by the listed fruits or vegetables would be readily
detectable by a USDA inspector. Therefore, the provisions in
Sec. 319.56-6 concerning inspection, disinfection, or both, at the port
of first arrival, appear adequate to prevent the introduction into the
United States of injurious plant pests by the importation of these
fruits and vegetables.

Treatment Required

Additionally, we are proposing to allow the fruits and vegetables
listed below to be imported into the United States. These fruits and
vegetables are attacked by the Mediterranean fruit fly (Medfly) or
other injurious insects, as specified below, in their country or
locality of origin. Visual inspection cannot be relied upon to detect
the insects. However, the fruits and vegetables listed below can be
treated to destroy the Medfly or other injurious insects. Therefore, we
propose to allow these fruits and vegetables to be imported into the
United States, or specified parts of the United States, only if they
have been treated in accordance with the Plant Protection and
Quarantine (PPQ) Treatment Manual, which has been incorporated by
reference into the Code of Federal Regulations at 7 CFR 300.1.
We would revise the PPQ Treatment Manual to show that treatments
are required as follows for the fruits and vegetables listed below:

------------------------------------------------------------------------
Country/locality
Common name, botanical name, plant part(s)
------------------------------------------------------------------------
Argentina....... Blueberry, Vaccinium spp., Fruit.
Fumigation as follows for Medfly:
With methyl bromide at NAP--chamber or tarpaulin:
32 g/m\3\ (2 lbs/1000 cu ft) for 3\1/2\ hours at 21
deg.C (70 deg.F) or above, with minimum gas
concentrations of:
26 g (26 oz) at \1/2\ hour after fumigation begins
22 g (22 oz) at 2 hours after fumigation begins
21 g (21 oz) at 3\1/2\ hours after fumigation
begins; or:
32 g/m\3\ (2 lbs/1000 cu ft) for 4 hours at 18-20.5
deg.C (65-69 deg.F), with minimum gas concentrations
of:
26 g (26 oz) at \1/2\ hour after fumigation begins
22 g (22 oz) at 2 hours after fumigation begins
19 g (19 oz) at 4 hours after fumigation begins
(Fruit must be at the indicated temperature at start
of fumigation.)
El Salvador..... Garden bean, Phaseolus vulgaris, Pod or shelled.
Fumigation of pods as follows for exotic pod boring
insects:
With methyl bromide in a 381mm (15-inch) vacuum at:
8 g/m\3\ (\1/2\ lb/1000 cu ft) for 1\1/2\ hours at
32 deg.C (90 deg.F) or above, with minimum gas
concentrations of:
16 g/m\3\ (1 lb/1000 cu ft) for 1\1/2\ hours at 26.5-
31.5 deg.C (80-89 deg.F); or:
24 g/m\3\ (1\1/2\ lbs/1000 cu ft) for 1\1/2\ hours
at 21-26 deg.C (70-79 deg.F); or:
32 g/m\3\ (2 lbs/1000 cu ft) for 1\1/2\ hours at
15.5-20.5 deg.C (60-69 deg.F); or:
40 g/m\3\ (2\1/2\ lbs/1000 cu ft) for 1\1/2\ hours
at 10-15 deg.C (50-59 deg.F); or:
48 g/m\3\ (3 lbs/1000 cu ft) for 1\1/2\ hours at 4.5-
9.5 deg.C (40-49 deg.F); or:
With methyl bromide at NAP (chamber or tarpaulin) at:
24 g/m\3\ (1\1/2\ lbs/1000 cu ft) for 2 hours at 26.5
deg.C (80 deg.F) or above, with minimum gas
concentrations of:
19 g (19 oz) at \1/2\ hour after fumigation begins
14 g (14 oz) at 2 hours after fumigation begins; or:
32 g/m\3\ (2 lbs/1000 cu ft) for 2 hours at 21-26
deg.C (70-79 deg.F), with minimum gas concentrations
of:
26 g (26 oz) at \1/2\ hour after fumigation begins
19 g (19 oz) at 2 hours after fumigation begins; or:
40 g/m\3\ (2\1/2\ lbs/1000 cu ft for 2 hours at 15.5-
20.5 deg.C (60-69 deg.F), with minimum gas
concentrations of:
32 g (32 oz) at \1/2\ hour after fumigation begins
24 g (24 oz) at 2 hours after fumigation begins; or:
48 g/m\3\ (3 lbs/1000 cu ft) for 2 hours at 10-15
deg.C (50-59 deg.F), with minimum gas concentrations
of:
38 g (38 oz) at \1/2\ hour after fumigation begins
29 g (29 oz) at 2 hours after fumigation begins
(Vegetable must be at the indicated temperature at
start of fumigation.)
Israel.......... Lettuce, Lactuca sativa, Leaf.
Fumigation as follows for leafminers, thrips and
Sminthuris viridis:
With methyl bromide at NAP--chamber or tarpaulin:
32 g/m\3\ (2 lbs/1000 cu ft) for 2 hours at 21 deg.C
(70 deg.F) or above, with minimum gas concentrations
of:
26 g (26 oz) at \1/2\ hour after fumigation begins
14 g (14 oz) at 2 hours after fumigation begins; or:
40 g/m\3\ (2\1/2\ lbs/1000 cu ft) for 2 hours at 15.5-
20.5 deg.C (60-69 deg.F), with minimum gas
concentrations of:
32 g (32 oz) at \1/2\ hour after fumigation begins
24 g (24 oz) at 2 hours after fumigation begins; or:
48 g/m\3\ (3 lbs/1000 cu ft) for 2 hours at 10-15
deg.C (50-59 deg.F), with minimum gas concentrations
of:
38 g (38 oz) at \1/2\ hour after fumigation begins
29 g (29 oz) at 2 hours after fumigation begins; or:
56 g/m\3\ (3\1/2\ lbs/1000 cu ft) for 2 hours at 7-9
deg.C (45-49 deg.F), with minimum gas concentrations
of:
43 g (43 oz) at \1/2\ hour after fumigation begins
34 g (34 oz) at 2 hours after fumigation begins; or:
64 g/m\3\ (4 lbs/1000 cu ft) for 2 hours at 4.5-6.5
deg.C (40-44 deg.F), with minimum gas concentrations
of:
48 g (48 oz) at \1/2\ hour after fumigation begins
38 g (38 oz) at 2 hours after fumigation begins
(Vegetable must be at the indicated temperature at
start of fumigation.)
Taiwan.......... Carambola, Averrhoa carambola, Fruit.
Cold treatment as follows for fruit fly Bactrocera
dorsalis:
10 days at 0 deg.C (32 deg.F) or below
11 days at .56 deg.C (33 deg.F) or below
12 days at 1.11 deg.C (34 deg.F) or below
14 days at 1.66 deg.C (35 deg.F) or below
------------------------------------------------------------------------

The treatments described above have been determined to be effective
against the specified insects. This determination is based on research
evaluated and approved by the Department. A bibliography and additional
information on this research may be obtained from the Hoboken Methods
Development Center, PPQ, APHIS, USDA, 209 River Street, Hoboken, NJ,
07030.
In accordance with Sec. 319.56-2x(b) of the regulations, the fruits
and vegetables listed above and required to be treated for fruit flies
would be restricted to ports of arrival at Wilmington, NC, and the
North Atlantic if treatment has not been completed before the fruits
and vegetables arrive in the United States. Climatic conditions at
Wilmington, NC, and at North Atlantic ports are unsuitable for the
fruit flies listed above. Therefore, in the unlikely event that any
fruit flies escape before treatment, they will not become established
pests in the United States. The designated North Atlantic ports are:
Atlantic Ocean ports north of, and including, Baltimore; ports on the
Great Lakes and St. Lawrence Seaway; Canadian border ports on the North
Dakota border and east of North Dakota; and, for air shipments,
Washington, DC (including Baltimore-Washington International and Dulles
International airports).
Pest risk analyses conducted by APHIS have determined that any
other injurious plant pests that might be carried by the fruits and
vegetables listed above would be readily detectable by a USDA
inspector. As noted, the fruits and vegetables would be subject to
inspection, disinfection, or both, at the port of first arrival, in
accordance with Sec. 319.56-6.

Use of Methyl Bromide

Methyl bromide is currently in widespread use as a fumigant. It is
prescribed as a treatment for three of the commodities included in this
proposal (blueberries from Argentina, garden beans from El Salvador,
and lettuce from Israel). The environmental effects of using methyl
bromide, however, are being scrutinized by international, Federal, and
State agencies. The U.S. Environmental Protection Agency (EPA), based
on its evaluation of data concerning the ozone depletion potential of
methyl bromide, published a notice of final rulemaking in the Federal
Register on December 10, 1993 (58 FR 65018-65082). This rulemaking
freezes methyl bromide production at 1991 levels and requires the
phasing out of domestic use of methyl bromide by the year 2001. APHIS
is studying the effectiveness and environmental acceptability of
alternative treatments to prepare for the eventual unavailability of
methyl bromide fumigation. Our current proposal assumes the continued
availability of methyl bromide for use as a fumigant for at least the
next few years.

Apples From Spain

Section 319.56-2r contains administrative instructions governing
the entry of apples and pears from certain countries in Europe.
Currently, pears, but not apples, may be imported from Spain under the
conditions prescribed in Sec. 319.56-2r, which include a preclearance
program and cold treatment. Based on our review of the pest risk
associated with the importation of apples and pears from Spain, it
appears that apples may be imported under these conditions without
presenting a significant pest risk. Therefore, we are proposing to
amend Sec. 319.56-2r to allow the importation of apples from Spain
under the same conditions that apply to pears from Spain.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this proposed rule on small entities. However, we do not
currently have all the data necessary for a comprehensive analysis of
the effects of this rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in determining the number and kind of small entities that may incur
benefits or costs from implementation of this proposed rule.
Under the Plant Quarantine Act and the Federal Plant Pest Act (7
U.S.C. 150dd, 150ee, 150ff, 151-167), the Secretary of Agriculture is
authorized to regulate the importation of fruits and vegetables to
prevent the introduction of injurious plant pests.
This proposed rule would amend the regulations governing the
importation of fruits and vegetables by allowing a number of previously
prohibited fruits and vegetables to be imported into the United States
from certain foreign countries and localities under specified
conditions. The importation of these fruits and vegetables has been
prohibited because of the risk that they could introduce injurious
plant pests into the United States. This proposed rule would revise the
status of certain commodities from certain countries and localities,
allowing their importation into the United States for the first time.
Our proposed changes are based on biological risk analyses that
were conducted by APHIS at the request of various importers and foreign
ministries of agriculture. The risk analyses indicate that the fruits
or vegetables listed in this proposed rule could, under certain
conditions, be imported into the United States without significant pest
risk. All of the fruits and vegetables, as a condition of entry, would
be subject to inspection, disinfection, or both, at the port of first
arrival as may be required by a USDA inspector. In addition, some of
the fruits and vegetables in this proposal also would be required to
undergo mandatory treatment for fruit flies or other injurious insects
as a condition of entry, or to meet other special conditions. Our
proposed action would provide the United States with additional kinds
and sources of fruits and vegetables while continuing to provide
protection against the introduction into the United States of injurious
plant pests by imported fruits and vegetables.

Apples

This proposed rule would allow apples to be imported into the
United States from Spain under certain conditions. Spain's production
of apples in 1993 was approximately 821,000 metric tons (mt). Spain's
export level over the past 5 years has averaged 20,000 mt. In the
unlikely event that Spain's apple exports were fully diverted to the
United States, they would represent about 0.4 percent of U.S.
production, an amount that would not significantly affect the U.S.
market. Moreover, there would not be any off-season advantages, since
Spain's main production season, June through September, inclusive, is
the same as for U.S. apple producers.
In addition, the United States is a net exporter of apples. Total
U.S. utilized production of apples in 1993 was 4,760,682 mt (fresh
equivalent). (Utilized production of apples refers to the amount of
apples sold plus the quantities of apples used on farms where grown and
quantities of apples held in storage, thus those apples actually used
in some way). Imports of fresh apples in 1992 totaled 120,412 mt, or
2.5 percent of domestic utilized production that year, whereas exports
totaled 507,614 mt, or 10.7 percent. Given this trade flow, the U.S.
market for apples is not expected to exhibit the excess demand in the
near future that could encourage increased foreign supply. The main
commercial varieties grown in Spain (Golden Delicious, 50 percent;
Granny Smith, 30 percent) are common varieties in the United States,
and their export, therefore, would not satisfy any special market
demand.

Asparagus (White)

This proposed rule would allow white asparagus to be imported into
the United States from Austria under certain conditions. Total U.S.
asparagus production in 1993 was 2,204,000 hundredweight (cwt), or
99,973 mt. Austria's current production of asparagus is around 400 mt,
95 percent of which is white asparagus.
APHIS expects that annual exports to the United States may reach
between 1 and 2 tons. This quantity represents less than 0.002 percent
of U.S. production, and therefore would not affect prices received by
U.S. growers.

Blueberries

This proposed rule would allow blueberries to be imported into the
United States from Argentina under certain conditions. Total U.S.
blueberry production in 1993 was 170,397,000 pounds, or 77,292 mt.
About 40 percent was produced for the fresh fruit market, and about 60
percent was processed. APHIS estimates Argentina's current production
of blueberries to be 40 mt per year, and we expect that figure to
expand to 200 mt by 1997-98. At present, all blueberry exports from
Argentina (80 percent of production) are sent to Europe. If approved
for entry into the United States, we expect that 19.2 mt or 60 percent
of blueberry exports from Argentina would be directed to U.S. ports.
This quantity represents less than 0.03 percent of U.S. production, and
therefore would not noticeably affect prices received by U.S. growers.

Carambola

This proposed rule would allow carambola to be imported into the
United States from Taiwan under certain conditions. Carambola
(starfruit) is not currently imported into the United States. Ninety
percent of domestic production takes place in southern Florida, where
60 to 90 growers cultivate a total of about 400 acres. Most of the
producers would be considered small entities, according to the Small
Business Administration definition of annual gross receipts of $500,000
or less. U.S. production of carambola in 1994 will reach between 5 and
6 million pounds, a quantity expected to gradually increase as consumer
familiarity with carambola grows. At present, carambola is unknown to
most U.S. consumers, and the industry faces the challenge of creating
broader market appeal for this fruit.
Besides Florida, a relatively small amount of carambola is produced
in Hawaii (58,400 pounds in 1992). A regulatory change last year now
allows carambola grown in Hawaii to be marketed on the mainland. The
initial volume to be shipped this year is estimated at 1,500 to 3,000
pounds.
Taiwan is reportedly the world's largest producer of carambola. In
1992, 35,738 mt (78.8 million pounds) were produced, about 12 times
that of the United States. However, less than 10 mt (0.03 percent) of
Taiwan's production is exported annually, mainly to Hong Kong and
Canada. As an initial trial shipment, about 1 mt is expected to be
exported to the United States per year.
California is a large and growing domestic market for carambola and
the likely destination of carambola from Taiwan. It receives from 40 to
50 percent of Florida's carambola crop. California requires that
carambola from Florida be cold treated, and APHIS requires cold
treatment for shipments from Hawaii to the mainland. Imports from
Taiwan would also require cold treatment.
Average prices received by U.S. carambola producers between 1989
and 1993 ranged from about $0.67 to $1.55 per pound. Farm prices in
Taiwan vary from $0.60 to $4.00 per kg ($0.27 to $1.81 per pound),
depending on the quality, size of production, and season. Thus, prices
are generally lower in Taiwan, but price differences between the two
countries are not as great as might be expected. Moreover, high quality
carambolas suitable for export sell well in Taiwan's domestic market.
Relatively high farm prices and the fruit's well-established domestic
market largely explain Taiwan's limited exports.
Carambola is sensitive to chilling, which can cause the skin to
turn brown and become pitted. Since all carambola entering California
would require cold treatment, effects of the treatment on the
appearance and marketability of the fruit would be similar, whether the
carambola comes from Florida, Hawaii, or Taiwan.
Assuming the market for carambola expands, and fruit from Taiwan is
routinely imported, domestic producers' income will be less than it
would be otherwise, due to a price decline and/or lower volumes than
would be sold were there not imports. The critical question is what
this reduction in income would be. There is no evidence to suggest that
it would be significant.
From a broader perspective, sales and income lost by domestic
producers should be balanced against benefits to U.S. consumers in
terms of greater availability and/or lower prices. Again, lack of
information on how much carambola prices can be expected to decline as
a result of imports, and the responsiveness of producers and consumers
to a decline, precludes estimation of consumers' gains and domestic
producers' losses. Nevertheless, APHIS believes that the net benefit to
the U.S. economy would be positive.

Currants and Gooseberries

This proposed rule would allow currants and gooseberries to be
imported into the United States from Argentina under certain
conditions. Argentina's area of ribes production totals only four
hectares, one of which is being used for experiments on the suitability
of various species. The Economic Research Service, U.S. Department of
Agriculture, estimates the annual crop at 30 mt, of which 40 percent,
or 12 mt, could be exported to the United States.
Although published data on U.S. ribes production has not been
found, trade statistics show the United States to be a net importer. In
1992, 64 mt of currants and gooseberries were exported, and 264 mt of
currants were imported. The quantity of ribes expected to be imported
from Argentina is only 6 percent of 1992 net imports for the United
States. APHIS does not expect this relatively small change in the
quantity imported to significantly affect the market for U.S.
producers.

Eggplant

This proposed rule would allow eggplant to be imported into the
United States from South Korea under certain conditions. U.S.
commercial production of eggplant in 1993 was 776,000 cwt (35,199 mt).
South Korea's annual production of eggplant in 1993 totaled 22,751 mt,
of which 30.3 mt were exported to Japan and Guam. If all of South
Korea's eggplant exports were sent to the United States, it would
represent less than 0.09 percent of U.S. commercial production.
Even in the very unrealistic scenario of South Korea's exports of
eggplant being fully diverted to the United States, the quantities
would not be large enough to affect the U.S. market.

Kiwi

This proposed rule would allow kiwi to be imported into the United
States from South Korea under certain conditions. Utilized U.S.
production of kiwi in 1992 totaled 47,700 mt. Imports of kiwi into the
United States for 1992 were estimated at 20,236 mt, or more than 40
percent of domestic production. South Korea's annual production of kiwi
in 1993 totaled 8,538 mt, of which none was exported. Assuming 5
percent of South Korea's production (426.9 mt) were exported to the
United States, this amount would represent only about 0.6 percent of
U.S. supply (produced domestically and imported) in 1991.
Even in the very unrealistic scenario of South Korea exporting 5
percent of its kiwi production to the United States, the quantities
would not be large enough to affect the U.S. market.

Lettuce

This proposed rule would allow lettuce to be imported into the
United States from Israel and South Korea under certain conditions.
Total U.S. production of head, leaf, and romaine lettuce in 1993 was
82,790,000 cwt (3,755,330 mt). In Israel, insect-free lettuce produced
in greenhouses for the 1993/94 season reached about 4,480,000 pounds.
Exports planned for 1994/95 are estimated at 1,600,000 pounds. If all
of these exports were destined for the United States, they would
comprise less than 0.02 percent of U.S. production and, therefore,
would not noticeably affect the U.S. market.
South Korea's annual production of leaf lettuce in 1993 totaled
149,611 mt, of which 23.9 mt were exported to Japan, Guam, Hong Kong,
and Saipan. If all of South Korea's lettuce exports were sent to the
United States, it would represent only about 0.0006 percent of U.S.
production.
Even in the very unrealistic scenario of South Korea's export of
lettuce being fully diverted to the United States, the quantities would
not be large enough to affect the U.S. market.
Impacts on U.S. producers for several of the other commodities that
could be imported into the United States under this proposal could not
be assessed because of a lack of data. However, none of these products
is a significant U.S. crop. The herbs, in particular, are often grown
to supplement other farm income. Others, such as arugula and lambs
quarters, have limited markets. APHIS anticipates, therefore, that no
significant economic impacts would result from the importation of these
commodities for which analysis has not been possible.
The aggregate economic impact of this proposed rule is expected to
be positive. U.S. consumers would benefit from a greater availability
of fruits and vegetables. U.S. importers would also benefit from a
greater availability of fruits and vegetables to import.
The alternative to this proposed rule was to make no changes in the
fruits and vegetables regulations. After consideration, we rejected
this alternative since there was no pest risk reason to maintain the
prohibitions on the affected produce.
This proposed rule contains no paperwork or recordkeeping
requirements.

Executive Order 12778

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

National Environmental Policy Act

An environmental assessment and finding of no significant impact
have been prepared for this proposed rule. The assessment provides a
basis for the conclusion that the importation of fruits and vegetables
under the conditions specified in this proposed rule would not present
a significant risk of introducing or disseminating plant pests and
would not have a significant impact on the quality of the human
environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the
Council on Environmental Quality for Implementing the Procedural
Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA Regulations
Implementing NEPA (7 CFR part 1b), and (4) APHIS Guidelines
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection at USDA, room
1141, South Building, 14th Street and Independence Avenue SW.,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays. In addition, copies may be obtained by writing to the
individuals listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).

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 would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 would continue 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) would be 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 __________, 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 would continue 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).

Sec. 319.56-2r [Amended]

4. In Sec. 319.56-2r, paragraph (a)(1) would be amended by adding,
in alphabetical order, ``Spain,''.
5. In Sec. 319.56-2r, paragraph (g)(1) would be amended by adding
``Spain,'' immediately before ``Sweden''.
6. In Sec. 319.56-2t, the table would be amended by adding, in
alphabetical order, the following:

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

* * * * *

----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina
* * * * * * *
Currant...................... Ribes spp................... Fruit.
* * * * * * *
Gooseberry................... Ribes spp................... Fruit.
Australia.............. Currant...................... Ribes spp................... Fruit.
Gooseberry................... Ribes spp................... Fruit.
Austria................ Asparagus, white............. Asparagus officinalis....... Shoot.\3\
* * * * * * *
Belize
* * * * * * *
Sage......................... Salvia officinalis.......... Leaf and stem.
* * * * * * *
El Salvador............ Cilantro..................... Coriandrum sativum.......... Above ground parts.
Dill......................... Anethum graveolens.......... Above ground parts.
* * * * * * *
Honduras
* * * * * * *
Cilantro..................... Coriandrum sativum.......... Above ground parts.
* * * * * * *
Indonesia.............. Onion........................ Allium cepa................. Bulb.
Shallot...................... Allium ascalonicum.......... Bulb.
* * * * * * *
Nicaragua.............. Cilantro..................... Coriandrum sativum.......... Above ground parts.
* * * * * * *
Peru
* * * * * * *
Cornsalad.................... Valerianella spp............ Whole plant.
* * * * * * *
Lambsquarters................ Chenopodium album........... Above ground parts.
* * * * * * *
South Korea
* * * * * * *
Eggplant..................... Solanum melongena........... Fruit.
Kiwi......................... Actinidia deliciosa......... Fruit.
Lettuce...................... Lactuca sativa.............. Leaf.
* * * * * * *
Tonga
* * * * * * *
Jicama....................... Pachyrhizus tuberosus....... Root.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\No green may be visible on shoot.

7. In Sec. 319.56-2x, paragraph (a), the table would be amended by
adding, in alphabetical order, the following:

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

(a) * * *

* * * * * * *
El Salvador............ Garden bean.................. Phaseolus vulgaris.......... Pod or shelled.

* * * * * * *
Israel

* * * * * * *
Lettuce...................... Lactuca sativa.............. Leaf.

* * * * * * *
Taiwan
Carambola.................... Averrhoa carambola.......... Fruit.

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

* * * * *
Done in Washington, DC, this 19th day of October 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-26240 Filed 10-24-94; 8:45 am]
BILLING CODE 3410-34-P}