[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28353]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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Part IX





Department of Agriculture





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Animal and Plant Health Inspection Service



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7 CFR Part 319




Importation of Fresh Hass Avocado Fruit Grown in Michoacan, Mexico; 
Proposed Rule
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket 94-116-1]

 
Importation of Fresh Hass Avocado Fruit Grown in Michoacan, 
Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Advance notice of proposed rulemaking and public meetings.

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SUMMARY: The Government of Mexico requested that the Animal and Plant 
Health Inspection Service (APHIS) allow the importation into certain 
areas of the United States of fresh Hass avocado fruit grown in 
approved orchards in approved municipalities in Michoacan, Mexico. 
APHIS is currently considering Mexico's request. This notice solicits 
public comment and advises the public that APHIS is hosting two public 
meetings regarding the importation of fresh Hass avocado fruit grown in 
approved orchards in approved municipalities in Michoacan, Mexico.

DATES: Consideration will be given only to comments received on or 
before December 13, 1994. The first hearing will be held from 9 a.m. 
until 1 p.m. on Monday, November 28, 1994. The second hearing will be 
held from 9 a.m. until 4 p.m. on Tuesday, November 29, 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. 94-116-1. 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. The public meetings 
will be held on Monday, November 28, 1994, at the Dade County Extension 
Building, 18710 SW. 288th Street, Homestead, FL, and on Tuesday, 
November 29, 1994, at the Holiday Inn on the Bay at Embarcadero, room 
Pacific D, 1355 North Harbor Drive, San Diego, CA.

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

SUPPLEMENTARY INFORMATION: The regulations in 7 CFR 319.56 through 
319.56-8 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. These 
regulations include provisions which allow the importation into the 
United States of fruits and vegetables from countries that are not free 
of plant pests under conditions designed to prevent the introduction of 
plant pests into the United States. APHIS developed these regulations 
based upon scientific risk assessments and extensive public 
participation.
    Prior to July 1993, the regulations prohibited the importation into 
the United States of Hass avocados from Mexico because of the existence 
of various fruit flies and seed weevils in Mexico which can infest 
avocados. APHIS conducted a plant pest risk assessment which resulted 
in a proposed rule published in the Federal Register on October 19, 
1992, to allow the importation of Hass avocados from Michoacan, Mexico, 
into the State of Alaska under prescribed conditions (57 FR 47573-
47576, Docket No. 92-111-1). After careful consideration of all 
comments received, APHIS adopted a final rule, published in the Federal 
Register on July 27, 1993, allowing the importation of Hass avocados 
only into the State of Alaska (58 FR 40033-40037, Docket No. 92-111-3). 
The rule also requires the Mexican plant protection agency and Mexican 
avocado growers to undertake various pest risk mitigation measures, 
including pest surveys and pest risk-reducing cultural practices, 
packing house procedures, and prescribed inspection and shipping 
procedures (7 CFR 319.56-2bb).
    On July 5, 1994, the Government of Mexico requested that APHIS 
amend its regulations to allow the importation of fresh Hass avocado 
fruit grown in approved orchards in approved municipalities in 
Michoacan, Mexico, into 19 additional States.1 The Mexican request 
is available by calling or writing Mr. Victor Harabin, Head, Permit 
Unit, Port Operations, Plant Protection and Quarantine, APHIS, USDA, 
room 631, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782; 
(301) 436-8645. In addition, copies of the Mexican request will be 
available at the public meetings.
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    \1\ The 19 States identified in Mexico's request are 
Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, 
Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, 
Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and 
Wisconsin.
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    This advance notice of proposed rulemaking solicits public comment 
on the Mexican request through December 13, 1994. To ensure that any 
proposed rule will contain all the safeguards, mitigating factors, and 
other requirements necessary to prevent the introduction of plant pests 
into the United States, APHIS is also seeking comment on the need for 
such measures as pest surveys, pest risk-reducing cultural practices, 
seasonal shipment limitations based on climatological and biological 
data, packinghouse procedures, and prescribed inspection and shipping 
procedures. Also, to be certain that APHIS receives and considers all 
relevant scientific, technical, and operational data associated with 
the request from the Government of Mexico, APHIS is hosting two public 
meetings.
    After analyzing all comments received either in writing or at the 
public meetings, APHIS will decide whether to publish a proposed rule 
in the Federal Register regarding the importation of fresh Hass avocado 
fruit grown in approved orchards in approved municipalities in 
Michoacan, Mexico, into additional States in the United States. Any 
proposed rule resulting from this process will be based upon a careful, 
scientific plant pest risk assessment and will take into consideration 
all written and oral comments received in response to this advance 
notice. If a proposed rule is published, APHIS will accept written 
comments for at least 60 days and would host two additional public 
meetings. This comment period may be extended if necessary, or reopened 
to receive further information concerning points raised during the 
comment period.
    After full analysis and review of all comments received in response 
to a proposed rule, a final rule may be published in the Federal 
Register which would allow the importation of fresh Hass avocado fruit 
grown in approved orchards in approved municipalities in Michoacan, 
Mexico, into certain areas of the United States, subject to conditions 
specified in the rule. These conditions would contain all of the 
safeguards, mitigating factors, and other requirements APHIS believes 
necessary to prevent the introduction of plant pests into the United 
States. Conditions for importation and the areas to which fresh Hass 
avocados from Mexico could be shipped could differ from those proposed. 
Shipments of fresh Hass avocado fruit grown in Michoacan, Mexico, could 
not begin until a final rule is published in the Federal Register and 
all prescribed conditions are met.
    Although a time for the completion of a rulemaking proceeding 
cannot be predicted with certainty, APHIS anticipates that, no earlier 
than 45 days after the close of the comment period for this advance 
notice, it would determine whether a proposed rule should be published 
in the Federal Register. APHIS would then provide a comment period of 
at least 60 days for the proposed rule. To some extent, the time 
necessary for the review and analysis of the comments and the 
preparation and publication of a final rule will depend on the number 
and nature of comments received. APHIS estimates, however, that 
publication of a final rule could occur no earlier than 90 days after 
the close of the comment period for the proposed rule.
    In connection with this notice, and to provide interested persons a 
full opportunity to present their views regarding this notice, APHIS 
will host two public meetings. The first meeting will be held on 
Monday, November 28, 1994, at the Dade County Extension Building, 18710 
SW. 288th Street, Homestead, FL. The second meeting will be held on 
Tuesday, November 29, 1994, at the Holiday Inn on the Bay at 
Embarcadero, room Pacific D, 1355 North Harbor Drive, San Diego, CA.
    A representative of APHIS will preside at the public meetings. To 
the extent possible, the presiding officer and other representatives of 
APHIS will respond to questions regarding the Government of Mexico's 
request and the rulemaking process to be followed by APHIS.
    Any interested person may appear and be heard in person, by 
attorney, or by other representative. Written statements may be 
submitted and will be made part of the meeting record. Persons who wish 
to speak at the public meetings will be asked to sign in with their 
name and organization.
    The meeting in Homestead, FL, will begin at 9 a.m. and is scheduled 
to end at 1 p.m. local time. The public meeting in San Diego, CA, will 
begin at 9 a.m. and is scheduled to end at 4 p.m. local time. However, 
the meetings may be terminated at any time if all persons desiring to 
speak have been heard. If the number of speakers at the meetings 
warrants it, the presiding officer may limit the time for each 
presentation so that everyone wishing to speak has the opportunity.

    Done in Washington, DC, this 10th day of November 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-28353 Filed 11-14-94; 8:45 am]
BILLING CODE 3410-34-P