[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Proposed Rules]
[Page 28161-28166]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 02-049-1]
Importation of Fragrant Pears From China
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation of fragrant pears from China under
certain conditions. As a condition of entry, fragrant pears from China
would have to be grown in the Korla region of Xinjiang Province in a
production site that is registered with the national plant protection
organization of China. The fragrant pears would be subject to
inspection. In addition, the pears would have to be packed in insect-
proof containers that are labeled in accordance with the regulations
and safeguarded from pest infestation during transport to the United
States. This action would allow fragrant pears to be imported from
China while continuing to provide protection against the introduction
of plant pests into the United States.
DATES: We will consider all comments that we receive on or before July
22, 2003.
[[Page 28162]]
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-049-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-049-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-049-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Import Specialist,
PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1231; (301)
734-6799.
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 of fruits and
vegetables into the United States from certain parts of the world to
prevent the introduction and dissemination of plant pests that are new
to or not widely distributed within the United States.
Currently, the regulations do not allow the importation of fragrant
pears from China. However, the national plant protection organization
of China has requested that the Animal and Plant Health Inspection
Service (APHIS) allow fragrant pears from the Korla region of Xinjiang
Province in China to be imported into the United States.
Under section 412(a) of the Plant Protection Act, the Secretary of
Agriculture may prohibit or restrict the importation and entry of any
plant product if the Secretary determines that the prohibition or
restriction is necessary to prevent the introduction into the United
States or the dissemination within the United States of a plant pest or
noxious weed.
The Secretary has determined that it is not necessary to prohibit
the importation of fragrant pears from the Korla region of Xinjiang
Province in China in order to prevent the introduction into the United
States or the dissemination within the United States of a plant pest or
noxious weed. This determination is based on the finding that the
application of the remedial measures contained in this proposed rule
will provide the protection necessary to prevent the introduction and
dissemination of plant pests into the United States. The factors
considered in arriving at this determination include the conclusions of
a pest risk assessment,\1\ program analysis, and site visits.
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\1\ The pest risk assessment and supporting documents may be
obtained from the person listed under FOR FURTHER INFORMATION
CONTACT.
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The pest risk assessment and supporting documents identified 13
pests of quarantine significance present in China that could be
introduced in the United States via fragrant pears. However, the
climatic conditions and production practices in the Korla region of
Xinjiang Province do not favor the establishment of any of these pests.
The production area is west of the Gobi Desert and just north of the
Taklamakan Desert. The area experiences extremely hot summers, cold
winters, and very little rainfall.
Furthermore, the production area is geographically as well as
culturally isolated. Although agricultural commodities are exported
from the region, there is little, if any, incoming trade. As a result,
the potential for pests of quarantine significance being introduced
into the area is extremely low. In the unlikely event a pest was
introduced, climatic conditions and production practices would
significantly reduce the likelihood of establishment.
Therefore, we are proposing to allow fragrant pears to be imported
from the Korla region of Xinjiang Province in China under certain
conditions. The provisions for the importation of fragrant pears from
China would be set out in a new section, Sec. 319.56-2kk.
We would require that the fragrant pears be grown in the Korla
region of Xinjiang Province in a production site that is registered
with the national plant protection organization of China. All
propagative material introduced into a registered production site would
have to be certified free of specified quarantine pests by the national
plant protection organization of China.
The fragrant pears would be subject to both pre-harvest and post-
harvest inspections. Each year, within 30 days prior to harvest, the
national plant protection organization of China or officials authorized
by the national plant protection organization of China would have to
inspect the registered production site for signs of pest infestation
and would have to allow APHIS to monitor the inspections. The national
plant protection organization of China would have to provide APHIS with
information on pest detections and pest detection practices, and APHIS
would have to approve the pest detection practices. The national plant
protection organization of China would be responsible for immediately
notifying APHIS of any quarantine pests found during inspection of the
registered production site or at any other time.
Upon detection of Oriental fruit fly (Bactrocera dorsalis) during
the pre-harvest inspection or at any other time, APHIS could prohibit
the importation into the United States of fragrant pears from China
until an investigation is conducted and APHIS and the national plant
protection organization of China agree that appropriate remedial action
has been taken.
APHIS could prohibit the importation into the United States of
fragrant pears from a production site for the season if any of the
following pests are detected on that production site during the pre-
harvest inspection or at any other time: Peach fruit borer (Carposina
sasaki), yellow peach moth (Conogethes punctiferalis), apple fruit moth
(Cydia inopinata), Hawthorn spider mite (Tetranychus viennensis), red
plum maggot (Cydia funebrana), brown rot (Munilinia fructigena), Asian
pear scab (Venturia nashicola), pear trellis rust (Gymnosporangium
fuscum), and Asian pear black spot (Alternaria spp.). The exportation
to the United States of fragrant pears from the production site could
resume in the next growing season if an investigation is conducted and
APHIS and the national plant protection organization of China agree
that appropriate remedial action has been taken. Furthermore, if any of
these pests is detected in more than one registered production site,
APHIS could prohibit the importation into the United States of fragrant
pears from China until an investigation is conducted and APHIS and the
national plant protection organization of China agree that appropriate
remedial action has been taken.
[[Page 28163]]
After harvest, the national plant protection organization of China
or officials authorized by the national plant protection organization
of China would have to inspect the pears for signs of pest infestation
and would have to allow APHIS to monitor the inspections. The national
plant protection organization of China would be responsible for
immediately notifying APHIS of any quarantine pests found during the
post-harvest inspection or at any other time.
If any of the quarantine pests listed above are detected during the
post-harvest inspection, APHIS could reject the lot or consignment and
could prohibit the importation of fragrant pears into the United
States, as described above.
In addition, APHIS could reject an individual lot or consignment
upon detection of large pear borer (Numonia pivivorella), pear curculio
(Rhynchites fovepessin), and Japanese apple curculio (R. heros). These
pests are readily identifiable as they cause significant and
characteristic damage to infested fruit. Therefore, post-harvest
inspection is adequate mitigation for these pests.
The fragrant pears would have to be packed in insect-proof
containers that are labeled in accordance with Sec. 319.56-2(g), which
requires that each box of fruit imported into the United States be
clearly labeled with: (1) The name of the orchard or grove of origin,
or the name of the grower; (2) the name of the municipality and State
in which it was produced; and (3) the type and amount of fruit it
contains. The fragrant pears would have to be held in a cold storage
facility while awaiting export. In order to prevent fragrant pears
intended for export to the United States from being commingled with any
other fruit, we would require that if fruit from unregistered
production sites are stored in the same facility, the fragrant pears
would have to be isolated from that other fruit.
In addition, fragrant pears would have to be safeguarded to prevent
pest infestation during transport to the United States. To facilitate
compliance with the regulations, fragrant pears could only be imported
under a permit issued by APHIS. In addition, each shipment of pears
would have to be accompanied by a phytosanitary certificate issued by
the national plant protection organization of China stating that the
conditions of the regulations have been met and that the shipment has
been inspected and found free of quarantine pests.
We believe that the proposed requirements described above are
sufficient and necessary to prevent the introduction into the United
States and the dissemination within the United States of a plant pest
or noxious weed.
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 the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
We are proposing to amend the fruits and vegetables regulations to
allow the importation of fragrant pears from China under certain
conditions. This action would allow fragrant pears to be imported from
China while continuing to provide protection against the introduction
of plant pests into the United States.
This analysis examines whether the regulations might have a
significant economic impact on a substantial number of small entities,
as required by the Regulatory Flexibility Act. There are three reasons
why we believe this will not be the case. First, the risk of quarantine
pests being introduced into the United States via this pathway is
extremely low. Second, fragrant pears are not produced in the United
States and fragrant pear import levels are expected to be low relative
to domestic availability. In addition, our analysis suggests that Ya
pear (Pyrus bretschneideri) imports from China do not substitute for
domestically produced pears; therefore, profit losses, if any, for
domestic pear producers are expected to be extremely low, at least over
the next several years. Third, allowing the importation of a pear
variety that is not produced domestically will lead to gains for small
importers and pear consumers in the United States.
Pear Production and Pest Risks
Fragrant pears are grown in an area surrounding Korla, a city in
Xinjiang Province, which makes up the northwest corner of China, and
are not grown anywhere else in the world. The production area, which is
west of the Gobi Desert and just north of the Taklamakan Desert,
experiences extremely hot summers, cold winters, and very little
rainfall, and is geographically as well as culturally isolated. In
addition, while agricultural commodities are exported from the region,
there is little if any incoming trade. As a result, the potential for
pests of quarantine significance being introduced into the area is
extremely low. Furthermore, in the unlikely event a pest was
introduced, climatic conditions and production practices would
significantly reduce the likelihood of establishment.
Approximately 15,000 hectares are devoted to fragrant pear
production in Xinjiang Province, yielding roughly 90,718 metric tons
per year, of which 10 percent is exported. We expect that exports to
the United States would come mainly from the farm units known as
Regiments 28, 29, 30, 33, and Shayi Dong Farms, although additional
quantities could come from Regiments 31 and 32. The land belongs to the
government, and the proper maintenance of every orchard is under the
direct supervision of China's Administration of Plant Quarantine
(AQSIQ), which stations one supervisor to each regiment in the export
area. The AQSIQ supervisor is in contact with the growers on a weekly
basis and directs the work of several survey teams.\2\ The survey teams
are in the orchards every day and are responsible for maintaining
traps, extension work, fruit cutting and inspection, checking to see
that orchards are maintained properly, participating in annual pest
surveys, and checking on other crops. If it is determined that an
orchard is not being managed properly, AQSIQ assigns it to another
grower.
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\2\ There are approximately 5,166 hectares of agricultural
production, 3,000 growers, and 66 survey teams in Regiments 28, 29,
30, 33, and Shayi Dong Farms, for an average 1.72 hectares per
grower and 79 hectares per survey team. Most of Regiment 30,
however, is devoted to wheat and rice production. Each fragrant pear
grower manages about 1 hectare.
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Benefits and Costs
Because pest risks associated with this pathway are extremely low,
we expect regulatory costs associated with quarantine pest
introductions to be negligible. In addition, because fragrant pears are
not produced in the United States and because quantities designated for
export are expected to be low, at least during the next several years,
we do not expect fragrant pears to compete with domestically produced
pears over the short run. However, imports of fragrant pears from China
may increase over time, as has been the case for U.S. Ya pear imports
and Canadian Ya and fragrant pear imports from China (table 1).
[[Page 28164]]
Table 1.--Ya Pears From China and Domestically Produced Fresh Pears, Quantities, and Prices
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Domestic Chinese pear
YA pear Import prices production Domestic exports to
Year imports \1\ \1\ ($/kg) fresh pears prices 2) \2\ Canada \3\
(1,000 kg) \2\ (1,000 kg) ($/kg) (1,000 kg)
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1996............................ NA NA 416,897 $0.62 321
1997............................ NA NA 519,191 0.41 182
1998............................ 329 $1.48 466,107 0.44 909
1999............................ 2,058 1.26 486,410 0.43 1,899
2000............................ 5,264 0.73 496,348 0.36 4,663
2001............................ 6,654 0.54 494,588 0.43 NA
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NA = not available.
\1\ Data for 1998-2002 are from FAS (2002), and data for 2001 are from the World Trade Atlas, which obtains its
data from the U.S. Bureau of the Census.
\2\ The nominal price data during 1996-1998 are from NASS (1999), and data for 1999-2001 are from NASS (2002).
\3\ China currently exports fragrant pears (and possibly Ya pears) to Canada. These data are from (FAS 2002).
We used time-series data on U.S. Ya pear imports from China,
domestic fresh pear production and prices, and total domestic
expenditures on fruit during 1996-2001 to estimate the rate of
substitution between Ya pears and domestically produced pears in order
to glean information about the potential rate of substitution between
fragrant pear imports and domestic pears.\3\ In particular, we
estimated a linear relationship between fresh domestic pear prices and
a constant, fresh domestic production, and Ya pear imports from China.
Prices and expenditures were converted to 2001 dollars using a fresh
fruit consumer price index. The constant, Ya pear imports, real
expenditures on fruit, and total pear production were used as
instruments in the instrumental variables estimation procedure. The
constant and the coefficient estimate on utilized fresh pear production
are statistically different from zero, at a 5 percent significant
level, and the coefficient estimate on production has the appropriate
sine (table 2). The coefficient estimate on Ya pear imports is negative
but not statistically different from zero, indicating that Ya pears did
not substitute for domestically produced pears during 1998-2001.
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\3\ Data on U.S. Ya pear imports from China begin in the year
1998. As a result, Ya pear imports are zero for 1996 and 1997.
Quantity data are in kilograms, and expenditure data are in billions
of dollars.
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During 1998-2001, U.S. imports of Ya pears from China increased an
average 236 percent per year, mainly due to a 526 percent increase
between 1998 and 1999 (table 1). More recently, imports increased 26
percent between 2000 and 2001. Import restrictions on Ya and fragrant
pear imports from China imposed by the Canadian Food Inspection Agency
are somewhat similar to those APHIS would impose and, as a result,
Canadian imports of Chinese Ya and fragrant pears provide additional
information regarding potential future U.S. imports of these
commodities. During 1996-2000, Canadian imports increased an average
153 percent per year, increasing 146 percent between 1999 and 2000.
There are no data to indicate directly whether U.S. imports of fragrant
pears from China may compete with domestically produced pears. However,
if the relationship between Ya pears and domestic pears is similar to
the relationship between fragrant pears and domestic pears, then the
estimation results in table 2 indicate that U.S. imports of fragrant
pears from China will not compete with domestically produced pears
during the next several years. If U.S. imports of fragrant pears from
China increase rapidly over time, however, fragrant pears may
eventually compete with some varieties of domestic pears over the long
run. Be that as it may, all of the available data indicate that Chinese
fragrant pears will not compete with domestic pears in the short run
and, therefore, that allowing the importation of fragrant pears from
China would likely not adversely impact U.S. pear producers in the
short run.
Table 2.--Instrumental Variables Estimation Results for Inverse Fresh Domestic Pear Demand *
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Coefficient
Variable estimate Standard error T-statistic P-value
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Constant............................................. 1.30- 0.36 3.62 0.000
Utilized fresh pear production....................... -1.75e-09 7.65e-10 -2.29 0.022
Ya pear imports...................................... -6.63e-09 8.30e-09 -0.80 0.425
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Dependent variable: Fresh pear prices.
Instruments: Constant, Ya pear imports, fruit expenditures, domestic pear production.
Observations: 6 [1996-2001].
Standard error of the regression: 0.05.
Coefficient of determination: 0.83.
F-Stat (over-identifying restrictions): 0.46 [0.55].
* Sources for the 1996-2001 data are reported in the text (See Benefits and Costs) and in table 1. Estimates
were obtained using the TSP statistical analysis software package.
Allowing the importation of fragrant pears from China would,
however, likely provide benefits to U.S. importers of Chinese fragrant
pears, as well as domestic pear consumers. The U.S. Small Business
Administration defines a small pear importer (NAICS 42248, Fresh Fruit
and Vegetable Wholesalers) as one with annual sales receipts of $100
million or less. There are no data to indicate directly the level of
benefits that may accrue to small pear importers
[[Page 28165]]
in the United States. Instead, we used data on Ya pears to estimate an
inverse import demand curve for Ya pears and, under the assumption that
U.S. import demand for Ya and fragrant pears would be similar,
estimated benefits using the import demand curve for Ya pears. We used
time-series data on Ya pear imports and prices and total domestic
expenditures on fruit during 1998-2001 to estimate a linear
relationship between import price, a constant, and import quantity.
Prices and expenditures were converted to 2001 dollars using a fresh
fruit consumer price index. The constant, real expenditures on fruit,
and a time index were used as instruments. Both the constant and the
coefficient estimate on U.S. Ya pear imports from China are
statistically significant, and the coefficient estimate on imports has
the appropriate sine (table 3). Assuming import demand for Ya and
fragrant pears have a similar structure, and assuming Chinese export
supply is perfectly inelastic at 256.88 metric tons for the first
shipping season, then expected gross revenues less payments to Chinese
exporters accruing to U.S. small pear importers for the first marketing
season are $5,014 in 2001 dollars.\4\ (This figure does not include
additional costs associated with unloading, storing, and transporting
fragrant pears to market.)
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\4\ This figure is an estimate based on information provided by
Chinese officials.
Table 3.--Instrumental Variables Estimation Results for Inverse Domestic Ya Pear Import Demand *
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Coefficient
Variable estimate Standard error T-statistic P-value
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Constant............................................. 1.55 0.02 69.17 0.000
Ya pear imports...................................... -1.52e-07 5.12e-09 -29.65 0.000
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Dependent variable: Ya pear import price.
Instruments: Constant, fruit expenditures, time index.
Observations: 4 [1998-2001].
Standard error of the regression: 0.03.
Coefficient of determination: 1.00.
F-Stat (over-identifying restrictions): 1.99 [0.29].
* Sources for the 1996-2001 data are reported in the text (See Benefits and Costs) and in table 1. Estimates
were obtained using the TSP statistical analysis software package.
Conclusion
We expect that allowing the importation of fragrant pears from
China would likely not have a significant negative economic impact on a
substantial number of small entities in the short run. If imports of
fragrant pears increase over time, as has been the case for U.S. Ya
pear imports and Canadian Ya and fragrant pear imports, it is possible
that fragrant pears could compete with some varieties of domestically
produced pears, leading to profit losses for small pear producers in
the United States. However, under these circumstances, profit losses
for small pear producers would be offset by profit gains for small pear
importers. That is, even if fragrant pear imports compete with domestic
pears in the long run, the proposed rule may have positive net welfare
impacts on small entities in the United States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule would allow fragrant pears to be imported into
the United States from the Korla region of Xinjiang Province in China.
If this proposed rule is adopted, State and local laws and regulations
regarding fragrant pears imported under this rule would be preempted
while the fruit is in foreign commerce. Fresh fruits 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.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 02-049-1.
Please send a copy of your comments to: (1) Docket No. 02-049-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
This proposed rule would allow the importation of fragrant pears
from China under certain conditions. As a condition of entry, fragrant
pears from China would have to be grown in the Korla region of Xinjiang
Province in a production site that is registered with the national
plant protection organization of China. The fragrant pears would be
subject to inspection. In addition, the pears would have to be packed
in insect-proof containers that are labeled in accordance with the
regulations and safeguarded from pest infestation during transport to
the United States. Finally, fragrant pears could only be imported under
a permit issued by APHIS and each shipment of pears would have to be
accompanied by a phytosanitary certificate issued by the national plant
protection organization of China stating that the conditions of the
regulations have been met and that the shipment has been inspected and
found free of quarantine pests.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's
[[Page 28166]]
functions, including whether the information will have practical
utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.4294 hours per response.
Respondents: Exporters, Producers, State and Regulatory Officials.
Estimated annual number of respondents: 130.
Estimated annual number of responses per respondent: 1.3076.
Estimated annual number of responses: 170.
Estimated total annual burden on respondents: 73 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock,
Plant diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450, 7711-7714, 7718, 7731, 7732, 7751-7754,
and 7760; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
2. A new Sec. 319.56-2kk would be added to read as follows:
Sec. 319.56-2kk Administrative instructions: Conditions governing the
entry of fragrant pears from China.
Fragrant pears may be imported into the United States from China
only under the following conditions:
(a) Origin, growing, and harvest conditions. (1) The pears must
have been grown in the Korla region of Xinjiang Province in a
production site that is registered with the national plant protection
organization of China.
(2) All propagative material introduced into a registered
production site must be certified free of the pests listed in this
section by the national plant protection organization of China.
(3) Within 30 days prior to harvest, the national plant protection
organization of China or officials authorized by the national plant
protection organization of China must inspect the registered production
site for signs of pest infestation and allow APHIS to monitor the
inspections. The national plant protection organization of China must
provide APHIS with information on pest detections and pest detection
practices, and APHIS must approve the pest detection practices.
(4) If any of the quarantine pests listed in this section are found
during the pre-harvest inspection or at any other time, the national
plant protection organization of China must notify APHIS immediately.
(i) Upon detection of Oriental fruit fly (Bactrocera dorsalis,)
APHIS may reject the lot or consignment and may prohibit the
importation into the United States of fragrant pears from China until
an investigation is conducted and APHIS and the national plant
protection organization of China agree that appropriate remedial action
has been taken.
(ii) Upon detection of peach fruit borer (Carposina sasaki,) yellow
peach moth (Conogethes punctiferalis,) apple fruit moth (Cydia
inopinata), Hawthorn spider mite (Tetranychus viennensis), red plum
maggot (Cydia funebrana), brown rot (Munilinia fructigena,) Asian pear
scab (Venturia nashicola,) pear trellis rust (Gymnosporangium fuscum,)
or Asian pear black spot (Alternaria spp.), APHIS may reject the lot or
consignment and may prohibit the importation into the United States of
fragrant pears from the production site for the season. The exportation
to the United States of fragrant pears from the production site may
resume in the next growing season if an investigation is conducted and
APHIS and the national plant protection organization of China agree
that appropriate remedial action has been taken. If any of these pests
is detected in more than one registered production site, APHIS may
prohibit the importation into the United States of fragrant pears from
China until an investigation is conducted and APHIS and the national
plant protection organization of China agree that appropriate remedial
action has been taken.
(5) After harvest, the national plant protection organization of
China or officials authorized by the national plant protection
organization of China must inspect the pears for signs of pest
infestation and allow APHIS to monitor the inspections.
(6) Upon detection of large pear borer (Numonia pivivorella,) pear
curculio (Rhynchites fovepessin,) or Japanese apple curculio (R.
heros,) APHIS may reject the lot or consignment.
(b) Packing requirements. (1) The fragrant pears must be packed in
insect-proof containers that are labeled in accordance with Sec.
319.56-2(g).
(2) The fragrant pears must be held in a cold storage facility
while awaiting export. If fruit from unregistered production sites are
stored in the same facility, the fragrant pears must be isolated from
that other fruit.
(c) Shipping requirements. (1) All pears must be safeguarded during
transport to the United States in a manner that will prevent pest
infestation.
(2) Fragrant pears may only be imported under a permit issued by
APHIS in accordance with Sec. 319.56-4.
(3) Each shipment of pears must be accompanied by a phytosanitary
certificate issued by the national plant protection organization of
China stating that the conditions of this section have been met and
that the shipment has been inspected and found free of the pests listed
in this section.
Done in Washington, DC, this 16th day of May 2003 .
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12987 Filed 5-22-03; 8:45 am]
BILLING CODE 3410-34-P
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