[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4327]


[[Page Unknown]]

[Federal Register: February 25, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

7 CFR Part 318

[Docket No. 93-088-1]

 

Avocados from Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
interstate movement of Hawaiian fruits and vegetables to allow avocados 
to be moved from Hawaii into Alaska, accompanied by a limited permit 
and subject to certain conditions. We believe this action is warranted 
because the climatic conditions in Alaska ensure that pests of avocados 
would not present a threat to agriculture in that State. This action 
would relieve some restrictions on the interstate movement of avocados 
from Hawaii without presenting a significant risk of introducing 
injurious insects into the United States. We are also proposing to 
amend the regulations to clarify that limited permits may be issued by 
inspectors or by persons operating under compliance agreements unless 
the regulations specify that the limited permit must be issued by an 
inspector.

DATES: Consideration will be given only to comments received on or 
before April 26, 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. 93-088-1. 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 encouraged to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Victor Harabin, Head, Permit Unit, 
Port Operations, Plant Protection and Quarantine, APHIS, USDA, room 
632, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 
436-8645.

SUPPLEMENTARY INFORMATION:

Background

    The Hawaiian Fruits and Vegetables regulations (contained in 7 CFR 
318.13 through 318.13-17, and referred to below as the regulations) 
govern, among other things, the interstate movement from Hawaii of 
avocados in a raw or unprocessed state. Regulation is necessary to 
prevent the spread of the Mediterranean fruit fly (Ceratitis capitata 
(Wied.)), the melon fly (Dacus cucurbitae (Coq.)), and the Oriental 
fruit fly (Bactrocera dorsalis (Hendel)(Syn. Dacus dorsalis)). These 
types of fruit flies are collectively referred to as Trifly.
    The regulations allow avocados to be moved interstate from Hawaii 
to any destination in the United States only if, among other things, 
they have been treated in accordance with a treatment specified in 
either Sec. 318.13-4d or Sec. 318.13-4e of the regulations. We are 
proposing to amend the regulations to allow avocados to be moved from 
Hawaii to Alaska without treatment, but subject to certain other 
conditions.
    Based on host tolerance studies, we have determined that the 
treatments specified in Secs. 318.13-4d and 318.13-4e are not 
commercially feasible for use on avocados. Section 318.13-4d provides 
for treatment of avocados by fumigation with methyl bromide at normal 
atmospheric pressure at the rate of 2 pounds per 1,000 cubic feet for 4 
hours at 70  deg.F. or above under certain conditions. This treatment 
causes pitting and internal and external discoloration, and reduces the 
shelf life of the avocado by 2-4 days, all of which adversely affect 
the marketability of the avocados. Section 318.13-4e provides for 
treatment of mature green avocados under conditions which include 
fumigation with methyl bromide at normal atmospheric pressure at the 
rate of 2 pounds per 1,000 cubic feet for 2\1/2\ hours at 70  deg.F. or 
above, followed by refrigeration for 7 days at fruit pulp temperature 
of 45  deg.F. or below. This treatment cannot be feasibly used because, 
after avocados are refrigerated for 7 days, there would not be a 
sufficient shelf life remaining for marketing them. For these reasons, 
avocados from Hawaii are not being treated and shipped interstate from 
Hawaii.
    Although two hosts of Trifly are grown in Alaska (apples and 
pears), these pests of avocados could not become established in Alaska 
because the pests could not survive that State's cold winters. We are 
therefore proposing to add a new Sec. 318.13-4g to allow untreated 
avocados from Hawaii to be moved interstate to Alaska only, provided 
that certain conditions are met to help ensure that the avocados moved 
to Alaska are free from Trifly. We consider these conditions necessary, 
in addition to limiting movement only to Alaska, to minimize the risk 
to Alaskan apples and pears and to address the slight risk that some 
Hawaiian avocados might eventually move from Alaska to other States. 
The conditions we propose to require are discussed below.

Marking Requirements

    The avocados would have to be packed in boxes clearly marked with 
the statement ``Distribution limited to the State of Alaska.'' This 
requirement would dissuade shippers and brokers from diverting cargo, 
and would alert cargo handlers and others who might not be familiar 
with the restrictions of the regulations that the avocados are to be 
distributed only in Alaska.

Commercial Shipments

    We believe that allowing only commercial shipments of avocados to 
be moved interstate from Hawaii to Alaska would be an added precaution 
to minimize the risk of introducing Trifly into the continental United 
States. Wild or ``backyard'' produce is generally grown under very 
different conditions than commercially produced produce (e.g. wild or 
backyard produce usually involves different varieties of produce and 
different cultivation techniques, little or no pest control, and a lack 
of sanitary controls during growing and packing). As a result, there is 
reason to believe that wild or backyard avocados would present a 
greater pest risk than commercially produced avocados. For these 
reasons, we propose that only commercial shipments of avocados be 
eligible for movement to Alaska. The term commercial shipment would be 
added to Sec. 318.13-1, ``Definitions,'' to read as follows:
    ``Commercial shipment. Shipment containing fruits and vegetables 
that an inspector identifies as having been produced for sale or 
distribution in mass markets. Such identification will be based on a 
variety of indicators, including, but not limited to: Quantity of 
produce, type of packaging, identification of grower and packing house 
on the packaging, and documents consigning the shipment to a wholesaler 
or retailer.''
    This definition is the same as the definition for commercial 
shipment that appears in 7 CFR 319.56-1, which pertains to the 
importation of fruits and vegetables from foreign countries.

Packing Requirements

    We propose to require that the avocados be sealed in the packing 
house in Hawaii in boxes with a seal that will break when the box is 
opened. Such sealing would ensure that no avocados are removed from the 
boxes before they reach their final destination in Alaska. Animal and 
Plant Health Inspection Service (APHIS) inspectors would not allow any 
boxes with broken seals to be moved into or through the continental 
United States en route to Alaska.

Limited Ports

    We propose to allow Hawaiian avocados to enter the continental 
United States only at the following ports: Portland, OR; Seattle, WA; 
or any port in Alaska. These ports would be convenient to shippers, but 
would be sufficiently distant from warmer areas of the continental 
United States more hospitable to Trifly. These ports are staffed by 
APHIS inspectors, who would inspect permits for movement, inspect the 
boxes of avocados to make sure that the boxes are intact and the seals 
are not broken, and supervise transloading of shipments.

Shipping Requirements

    We propose to allow the avocados to be moved from Hawaii to Alaska 
only by air or ship and only if the boxes of avocados are in a sealed 
container. As defined in Sec. 318.13-1 of the regulations, a sealed 
container is ``[a] completely enclosed container designed for the 
storage and/or transportation of commercial air, sea, rail, or truck 
cargo, and constructed of metal or fiberglass, or other similarly 
sturdy or impenetrable material, providing an enclosure accessed 
through doors that are closed and secured with a lock or seal. Sealed 
(sealable) containers used for sea shipments are distinct and separable 
from the means of conveyance carrying them when arriving in and in 
transit through the continental United States. Sealed (sealable) 
containers used for air shipments are distinct and separable from the 
means of conveyance carrying them before any transloading in the 
continental United States. Sealed (sealable) containers used for air 
shipments after transloading in the continental United States or for 
overland shipments in the continental United States may either be 
distinct and separable from the means of conveyance carrying them, or 
be the means of conveyance itself.''
    The avocados would not be permitted to be commingled in the same 
sealed container with articles intended for entry and distribution in 
parts of the United States other than Alaska. This precaution would be 
necessary because the avocados may carry Trifly and commingling with 
articles not destined for Alaska would pose a pest risk.
    It may be necessary for a shipper to transload shipments arriving 
at the ports of Portland, OR, or Seattle, WA. We are proposing to allow 
transloading only under certain conditions to help ensure that the 
shipments of avocados are not diverted en route to Alaska.
    For shipments by sea, we would allow the avocados to be transloaded 
from one ship to another ship at the port of arrival, provided they 
remain in the original sealed container and that APHIS inspectors 
supervise the transloading. If the avocados must be stored before 
reloading, they must be kept in the original sealed container and must 
be in an area that is either locked or guarded at all times the 
avocados are present.
    For shipments by air, we would allow the avocados to be transloaded 
from one aircraft to another aircraft. Containers for air shipments, 
unlike sea containers, often cannot practically be transferred to other 
aircraft either because of their size or configuration. This means that 
avocados shipped by air may have to be transloaded from the original 
shipping container into another container or directly into the hold of 
another aircraft. To accommodate this need, while at the same time 
providing adequate safeguards and supervision against diversion of the 
avocados, we are proposing that transloading of air shipments would be 
authorized only if the following conditions are met: (1) The 
transloading is done into sealable containers; (2) the transloading is 
carried out within the secure area of the airport--i.e., that area of 
the airport that is open only to personnel authorized by the airport 
security authorities; (3) the area used for any storage of the shipment 
is within the secure area of the airport, and is either locked or 
guarded at all times the avocados are present. The avocados must be 
kept in a sealed container while stored in the continental United 
States en route to Alaska; and (4) APHIS inspectors supervise the 
transloading.
    We are not proposing a requirement for sea shipments parallel to 
the requirement that the transloading and storage of air shipments must 
be carried out in the ``secure area'' of the airport. Airports have 
secure areas to protect against problems peculiar to airports (for 
example, hijackings). Sea ports do not normally have a secure area. 
Also, sealed containers for air shipments are usually made of a 
relatively flimsy material such as aluminum, while sealed containers 
for sea shipments are made of sturdier metal and are virtually tamper-
proof. Therefore, we do not believe that the extra precaution would be 
necessary for sea shipments.
    No transloading other than that described above would be allowed 
except under extenuating circumstances (such as equipment breakdown) 
and when authorized and supervised by an APHIS inspector. Because, 
practically speaking, landing facilities for aircraft are not located 
close enough to shipping docks to allow for direct transloading from an 
aircraft to a ship or from a ship to an aircraft, we are not including 
these options. Likewise, because of the distance between Portland or 
Seattle and Alaska, it would not be practical to ship the avocados to 
Alaska by truck or railcar. Therefore, we are not including the option 
that shipments may be transloaded from an aircraft or ship to a truck 
or railcar.

Limited Permit

    We are proposing to require that shipments of avocados be 
accompanied from Hawaii to Alaska by a limited permit issued by an 
APHIS inspector in accordance with Sec. 318.13-4(c) of the regulations. 
The limited permit would be issued only if the inspector examines the 
shipment and determines that the shipment has been prepared in 
compliance with the provisions we are proposing (for example, the boxes 
must be properly marked and sealed). A limited permit would provide a 
means of documenting the movement of the shipment following issuance of 
the limited permit. We believe this would be necessary to ensure that 
the avocados move in compliance with the regulations and to allow for 
documentation of violations.
    A limited permit would be withdrawn by an APHIS inspector if the 
inspector determines that the holder of the permit has not complied 
with all the conditions under the regulations for the use of the 
limited permit. Provisions concerning removal of limited permits are 
located in Sec. 318.13-16 of the regulations.
    Currently, as a condition of issuance of a limited permit, persons 
wishing to move articles regulated under Sec. 318.13 must sign an 
agreement to, among other things, comply with the regulations for the 
movement of the regulated articles (stipulations of the compliance 
agreement are located in Sec. 318.13-4(d) of the regulations). The 
primary purpose of requiring a compliance agreement is to allow persons 
operating under compliance agreements to be issued a block of limited 
permits or a limited permit stamp that they may apply to shipments 
themselves without having to wait for an inspector to examine every 
shipment. If a person violates any of the terms of the compliance 
agreement, the agreement will be withdrawn and an inspector will issue 
all limited permits individually for movement of regulated articles by 
that person.
    As stated above, our proposal for the movement of avocados from 
Hawaii to Alaska would require the limited permit to be issued by an 
APHIS inspector after the inspector has examined the shipment and 
determined that the shipment has been prepared in compliance with the 
proposed provisions. We believe that direct supervision by an inspector 
would be an added precaution to ensure that the shipments of avocados 
are properly marked, sealed, and shipped in accordance with the 
regulations. Since this proposal would not allow shippers to be issued 
limited permits in blocks or a limited permit stamp, it does not appear 
necessary to require them to sign a compliance agreement.
    Therefore, we are proposing several revisions to the current 
regulations in Sec. 318.13 regarding limited permits and compliance 
agreements to make the role of compliance agreements clear. We would 
amend Sec. 318.13-4(c) by adding a new paragraph (c)(3) to state that 
limited permits may be issued by a person operating under a compliance 
agreement, except when the regulations specify that an inspector must 
issue the limited permit. Section 318.13-4(d), ``Compliance 
agreements,'' currently states: ``As a condition of issuance of a 
limited permit, or a certificate under paragraph (b) of this section 
for the movement of regulated articles for which a compliance agreement 
is required, the person applying for the permit or certificate must 
sign a compliance agreement stipulating that * * *''. We would amend 
Sec. 318.13-4(d) by adding the phrase ``under paragraph (c)(3) of this 
section'' after ``limited permit.'' The addition of the phrase would 
clarify that not all limited permits are issued under compliance 
agreements and would reference readers to the paragraph regarding 
issuance of a limited permit for which a compliance agreement is 
required.
    In the definition of compliance agreement, we would remove the 
references ``Sec. 318.13-4(e)'' and ``Sec. 318.13-4g'' because the 
proposed regulations in Sec. 318.13-4g would not require a compliance 
agreement and Sec. 318.13-4(e) no longer exists in the regulations. The 
definition for limited permit currently reads: ``A document issued by 
an inspector for the interstate movement of regulated articles to a 
specified destination for: (1) Consumption, limited utilization or 
processing, or treatment in conformity with a compliance agreement; or 
(2) Movement into or through the continental United States in 
conformity with a transit permit.'' We would revise this definition by 
adding ``or a person operating under a compliance agreement'' 
immediately after ``inspector'', and by removing the phrase ``in 
conformity with a compliance agreement'' from paragraph (1). These 
revisions would allow limited permits to be issued either by a person 
operating under a compliance agreement or by an inspector, according to 
the requirements for each regulated article.

Additional Revisions

    We are proposing to make two additional revisions to the 
regulations to reflect the provisions of proposed Sec. 318.13-4g. We 
are proposing to add a paragraph to Sec. 318.13-2, ``Prohibited 
movement,'' to state that avocados which have been moved to Alaska in 
accordance with proposed Sec. 318.13-4g are prohibited movement from 
Alaska into or through other places in the continental United States, 
Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands 
of the United States. We are also proposing to add a paragraph to 
Sec. 318.13-3, ``Conditions for movement,'' to stipulate that avocados 
may be moved interstate from Hawaii to Alaska if the provisions of 
Sec. 318.13-4g are met, and if they are accompanied by a limited permit 
issued by an APHIS inspector in accordance with Sec. 318.13-4(c).
    Finally, we are proposing to make a miscellaneous correction to the 
regulations in Sec. 318.13-4f, which concern approval of irradiation 
treatments as a condition for certification of papayas for movement 
from Hawaii. Paragraph (b)(2)(iii) states that, in order to be 
approved, irradiation treatment facilities must complete a compliance 
agreement with APHIS as provided in Sec. 318.13-4(e). However, the 
regulations regarding compliance agreements are now found in 
Sec. 318.13-4(d). We would correct the reference in paragraph 
(b)(2)(iii) to reflect this change.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866.
    This proposed rule would allow untreated avocados to be moved 
interstate from Hawaii to Alaska. Avocados are not presently shipped 
from Hawaii to Alaska because required treatments do not make it 
economically feasible.
    In 1992, the U.S. production of avocados, not including Hawaii, was 
approximately 290 million pounds. California produced approximately 86 
percent of this total, with the Hass variety accounting for about 85 
percent of California's production. The peak harvest season of the Hass 
variety is April through October. California supplied approximately 90 
percent of Alaska's 1992 avocado market.
    In 1992, Hawaii produced approximately 700,000 pounds of avocados. 
Thus, Hawaii's total production was less than 0.3 percent of the total 
U.S. avocado production for that year. There are about 100 farms in 
Hawaii that produce avocados. All of these would be considered small 
entities (defined as having sales of less than $500,000 annually), as 
the total value in 1992 for Hawaiian avocados was only $322,000. The 
Sharwil variety accounts for about 75 percent of Hawaii's avocado 
production. The peak harvest season for Sharwil avocados is November 
through May.
    The proposed rule change would positively affect Hawaiian avocado 
producers by providing an economically feasible place for them to ship 
avocados when there is a surplus in production. Although almost all of 
Alaska's avocados are supplied by California, the addition of a 
Hawaiian supply is unlikely to have a significant impact on Californian 
avocado producers. Before a suspension of shipments in 1992, the 
shipment of Hawaiian avocados to the mainland United States peaked at 
only 100,000 pounds. Further, Californian avocados (Hass variety) and 
Hawaiian avocados (Sharwil variety) have different peak production 
seasons. As a result, their importation would overlap very little. The 
shipment of Hawaiian avocados would allow Alaska to have a continuous 
and varied avocado supply.
    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 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required 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 proposed rule have been approved by the Office of 
Management and Budget (OMB) under OMB control number 0579-0088.

List of Subjects in 7 CFR Part 318

    Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and 
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin 
Islands.

    Accordingly, 7 CFR part 318 would be amended as follows:

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

    1. The authority citation for part 318 would continue to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, 164a, 
167; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 318.13-1  [Amended]

    2. Section 318.13-1 would be amended as follows:
    a. In the definition for Compliance agreement the phrase 
``Sec. 318.13-4(e),'' and the phrase ``and Sec. 318.13-4g'' would be 
removed.
    b. A definition for Commercial shipment would be added, in 
alphabetical order, as set forth below.
    c. The definition for Limited permit would be revised by adding the 
phrase ``or a person operating under a compliance agreement'' 
immediately following ``inspector'', and by removing the phrase ``, in 
conformity with a compliance agreement'' from paragraph (1).


Sec. 318.13-1  Definitions.

* * * * *
    Commercial shipment. Shipment containing fruits and vegetables that 
an inspector identifies as having been produced for sale or 
distribution in mass markets. Such identification will be based on a 
variety of indicators, including, but not limited to: Quantity of 
produce, type of packaging, identification of grower and packing house 
on the packaging, and documents consigning the shipment to a wholesaler 
or retailer.
* * * * *
    3. In Sec. 318.13-2, the regulatory text of paragraph (a) would be 
redesignated as paragraph (a)(1) and a new paragraph (a)(2) would be 
added to read as follows:


Sec. 318.13-2  Regulated articles.

    (a) Prohibited movement.
    (1) * * *
    (2) Avocados which have been moved to Alaska in accordance with 
Sec. 318.13-4g are prohibited movement from Alaska into or through 
other places in the continental United States, Guam, the Northern 
Mariana Islands, Puerto Rico, and the Virgin Islands of the United 
States.
* * * * *
    4. In Sec. 318.13-3, the text of paragraph (b) would be 
redesignated as paragraph (b)(1) and a new paragraph (b)(2) would be 
added to read as follows:


Sec. 318.13-3  Conditions of movement.

* * * * *
    (b) To restricted destinations.
    (1) * * *
    (2) Avocados may be moved interstate from Hawaii to Alaska if the 
provisions of Sec. 318.13-4g are met, and if they are accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c).
* * * * *


Sec. 318.13-4  [Amended]

    5. Section 318.13-4 would be amended as follows:
    a. A new paragraph (c)(3) would be added to read as set forth 
below.
    b. Paragraph (d) would be amended by adding the phrase ``under 
paragraph (c)(3) of this section'' immediately following the words 
``limited permit''. Sec. 318.13-4 Conditions governing the issuance of 
certificates or limited permits.
* * * * *
    (c) Limited permits. 
    (1) * * *
    (2) * * *
    (3) Except when the regulations specify an inspector must issue the 
limited permit, limited permits may be issued by a person operating 
under a compliance agreement.
* * * * *
    6. In Sec. 318.13-4f, paragraph (b)(2)(iii) would be amended by 
removing the phrase ``Sec. 318.13-4(e)'' and replacing it with 
``Sec. 318.13-4(d)''.
    7. A new Sec. 318.13-4g would be added to read as follows:


Sec. 318.13-4g  Administrative instructions governing movement of 
avocados from Hawaii to Alaska.

    Avocados may be moved interstate from Hawaii to Alaska without 
being certified in accordance with Sec. 318.13-4 (a) or (b) only under 
the following conditions:
    (a) Distribution and marking requirements. The avocados may be 
moved interstate for distribution in Alaska only, the boxes of avocados 
must be clearly marked with the statement ``Distribution limited to the 
State of Alaska'', and the shipment must be identified in accordance 
with the requirements of Sec. 318.13-6.
    (b) Commercial shipments. The avocados may be moved in commercial 
shipments only.
    (c) Packing requirements. The avocados must have been sealed in the 
packing house in Hawaii in boxes with a seal that will break if the box 
is opened.
    (d) Ports. The avocados may enter the continental United States 
only at the following ports: Portland, Oregon; Seattle, Washington; or 
any port in Alaska.
    (e) Shipping requirements. The avocados must be moved either by air 
or ship and in a sealed container. The avocados may not be commingled 
in the same sealed container with articles that are intended for entry 
and distribution in any part of the United States other than Alaska. If 
the avocados arrive at either Portland, Oregon or Seattle, Washington, 
they may be transloaded only under the following conditions:
    (1) Shipments by sea. The avocados may be transloaded from one ship 
to another ship at the port of arrival, provided they remain in the 
original sealed container and that APHIS inspectors supervise the 
transloading. If the avocados are stored before reloading, they must be 
kept in the original sealed container and must be in an area that is 
either locked or guarded at all times the avocados are present.
    (2) Shipments by air. The avocados may be transloaded from one 
aircraft to another aircraft at the port of arrival, provided the 
following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport--i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities;
    (iii) The area used for any storage of the shipment is within the 
secure area of the airport, and is either locked or guarded at all 
times the avocados are present. The avocados must be kept in a sealed 
container while stored in the continental United States en route to 
Alaska; and
    (iv) APHIS inspectors supervise the transloading.
    (3) Exceptions. No transloading other than that described in 
paragraphs (e) (1) and (2) of this section is allowed except under 
extenuating circumstances (such as equipment breakdown) and when 
authorized and supervised by an APHIS inspector.
    (f) Limited permit. Shipments of avocados must be accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c) of this subpart. The limited permit will be issued 
only if the inspector examines the shipment and determines that the 
shipment has been prepared in compliance with the provisions of this 
section.

    Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4327 Filed 2-24-94; 8:45 am]
BILLING CODE 4310-34-P