[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6549]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

7 CFR Parts 300 and 318

[Docket No. 93-118-1]

 

Interstate Movement of Carambola from Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow the fruit of carambola to be moved 
interstate from Hawaii. As a condition of movement, the fruit of 
carambola would be required to undergo prescribed treatment for fruit 
flies under the supervision of an inspector of Plant Protection and 
Quarantine, Animal and Plant Health Inspection Service. This proposed 
action would allow the interstate movement from Hawaii of this fruit 
while continuing to provide protection against the spread of injurious 
plant pests from Hawaii to other parts of the United States.

DATES: Consideration will be given only to comments received on or 
before May 20, 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. 93-118-1. 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, Senior Operations 
Officer, Plant Protection and Quarantine, APHIS, USDA, room 635, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-
8295.

SUPPLEMENTARY INFORMATION:

Background

    The Hawaiian Fruits and Vegetable regulations (contained in 7 CFR 
318.13 through 318.13-17 and referred to below as the regulations) 
govern the movement of raw and unprocessed fruits and vegetables, cut 
flowers, rice straw, mango seeds, and cactus plants and cactus parts, 
from Hawaii into or through the continental United States, Guam, the 
Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United 
States, or any other territory or possession of the United States. 
Under the regulations, any such movement is defined as ``interstate 
movement.''
    Of the articles governed by the regulations, some are absolutely 
prohibited interstate movement. Others are prohibited such movement if 
they fail to meet certain qualifying criteria. The interstate movement 
of carambola from Hawaii has been prohibited because of the risk that 
it could spread injurious insects from Hawaii to other parts of the 
United States. We are proposing to amend the regulations by adding 
Sec. 318.13-4h to allow the fruit of carambola (Averrhoa carambola) to 
be moved interstate from Hawaii under specified conditions, described 
below. We are proposing to allow this interstate movement at the 
request of various shippers, and after conducting pest risk 
analyses1 that indicate that the fruit of carambola can be moved 
interstate under the conditions described without significant pest 
risk.
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    \1\Information on these pest risk analyses may be obtained by 
writing to the person listed under FOR FURTHER INFORMATION CONTACT.
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Authorized Treatment for Carambola

    Carambola is attacked in Hawaii by the Mediterranean fruit fly 
(Ceratitis capitata), the melon fly (Bactrocera cucurbitae), and the 
Oriental fruit fly (Bactrocera dorsalis). Although visual inspection 
cannot be relied upon to detect the insects, the fruit can be treated 
to destroy these pests. Therefore, we are proposing to allow the fruit 
of the carambola to be moved interstate from Hawaii only if it has 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 part 300. We would revise the PPQ 
Treatment Manual to show that treatments authorized by the 
Administrator of the Animal and Plant Health Inspection Service for 
carambola from Hawaii are as follows: 

------------------------------------------------------------------------
                                                                Exposure
                         Temperature                            period  
------------------------------------------------------------------------
32  deg.F (0.00  deg.C) or below.............................         10
33  deg.F (0.56  deg.C) or below.............................         11
34  deg.F (1.11  deg.C) or below.............................         12
35  deg.F (1.67  deg.C) or below.............................        14 
------------------------------------------------------------------------

    This treatment has been determined to be effective against the 
insects listed above, based on research evaluated and approved by the 
Department. Information on this research may be obtained from the 
Hoboken Methods Development Center, Plant Protection and Quarantine, 
APHIS, USDA, 209 River Street, Hoboken, NJ, 07030. Pest risk analyses 
conducted by APHIS have determined that any other injurious plant pests 
that might be carried by carambola would be readily detectable by a PPQ 
inspector.
    Carambola moved interstate from Hawaii would also be subject to the 
requirements in Secs. 318.13-3 and 318.13-4 of the regulations. Section 
318.13-3 provides, among other things, that a certificate issued in 
accordance with Sec. 318.13-4(b) must be attached to the container of 
the regulated article moved interstate from Hawaii, and that the 
movement must comply with any applicable compliance agreement under 
Sec. 318.13-4(d). Section 318.13-4(b) provides, among other things, 
that a certificate may be issued if the article is treated under the 
observation of an inspector in accordance with administratively 
approved procedure, and is subsequently handled either in accordance 
with a compliance agreement or under supervision required by an 
inspector.

Nonsubstantive Change

    In this proposed rule, we would also make a nonsubstantive change 
to add an Office of Management and Budget (OMB) ``control number'' at 
the end of Sec. 318.13-4. This number indicates that OMB has reviewed 
and approved the information collection and recordkeeping requirements 
in that section.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by the Office 
of Management and Budget.
    We are proposing to allow the fruit of carambola to move from 
Hawaii to other parts of the United States. Safeguards would be 
established to prevent the introduction of injurious plant pests from 
Hawaii into other parts of the United States.
    At present, there are approximately 5 to 10 farms in Hawaii that 
produce commercial quantities of carambola. These farms are small, 
family-owned, operations.
    The changes proposed would provide Hawaiian producers with access 
to markets in other parts of the United States. We estimate that 
approximately 1,500 to 3,000 pounds of fresh carambola fruit could be 
shipped from Hawaii to other parts of the United States annually. These 
shipments would have an estimated annual market value of between $3,000 
and $9,800, depending on market prices. This represents less than .0002 
percent of total Hawaiian agricultural production. The average annual 
market value of Hawaiian agricultural products totals about $600 
million.
    Small shippers of Hawaiian fruits and vegetables would also receive 
some benefits from the proposed amendments. We estimate that between 10 
and 15 small entities would be able to increase marginally the volume 
of products shipped to other parts of the United States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this rule would not 
have a significant economic impact on a substantial number of small 
entities.

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), and there are no new requirements. The 
assigned OMB control number is 0579-0088.

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

7 CFR Part 318

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

    Accordingly, 7 CFR parts 300 and 318 would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 would be revised to read as 
follows:

    Authority: 7 U.S.C. 150ee, 161, 162; 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 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

    3. 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. 318.13-4  [Amended]

    4. Section 318.13-4 would be amended by adding, at the end of the 
section, the following:

(Approved by the Office of Management and Budget under control 
number 0579-0088)

    5. A new Sec. 318.13-4h would be added to read as follows:


Sec. 318.13-4h  Administrative instructions; conditions governing the 
movement of the fruit of carambola from Hawaii.

    (a)(1) Subject to the requirements of Secs. 318.13-3 and 318.13-4 
and any other applicable regulations, the fruit of carambola may be 
moved interstate from Hawaii only if it is treated under the 
supervision of an inspector with a treatment authorized by the 
Administrator for the following pests: the Mediterranean fruit fly 
(Ceratitis capitata), the melon fly (Bactrocera cucurbitae), and the 
Oriental fruit fly (Bactrocera dorsalis).
    (2) Treatments authorized by the Administrator are listed in the 
Plant Protection and Quarantine Treatment Manual, which is incorporated 
by reference at Sec. 300.1 of this chapter.

    Done in Washington, DC, this 15th day of March 1994.
Patricia Jensen,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6549 Filed 3-18-94; 8:45 am]
BILLING CODE 3410-34-P