[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Proposed Rules]
[Pages 51373-51375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24351]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 318

[Docket No. 95-028-1]


Sharwil Avocados From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow Sharwil avocados to be moved 
interstate from Hawaii after undergoing cold treatment for fruit flies 
under the supervision of an inspector of the Animal and Plant Health 
Inspection Service. Currently, the only authorized treatments for 
avocados to be moved interstate from Hawaii are methyl bromide 
fumigation and a combination of methyl bromide fumigation and 
refrigeration. This proposed action would facilitate the interstate 
movement of Sharwil avocados from Hawaii 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 November 1, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-028-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-028-1. 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. Peter M. Grosser or Mr. Frank E. 
Cooper, Senior Staff Officers, Port Operations, PPQ, APHIS, 4700 River 
Road Unit 139, Riverdale, MD 20737-1236, (301) 734-8295.

SUPPLEMENTARY INFORMATION:

Background

    The Hawaiian Fruits and Vegetables regulations, contained in 7 CFR 
318.13 through 318.13-17 (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), 
the melon fly (Dacus cucurbitae), and the Oriental fruit fly 
(Bactrocera dorsalis). These types of fruit flies are collectively 
referred to as Trifly.
    The current 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. The 
regulations allow untreated avocados from Hawaii to be moved interstate 
to Alaska only, provided that they meet conditions specified in 
Sec. 318.13-4g to ensure that avocados moved to Alaska are free from 
Trifly.
    Section 318.13-4d provides for treatment of avocados by fumigation 
with methyl bromide. 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 by fumigation with methyl bromide followed by refrigeration 
for 7 days. This treatment is not commercially feasible, because after 
avocados are refrigerated for 7 days the remaining shelf life is not 
sufficient for marketing purposes. For these reasons, avocados from 
Hawaii are not being treated and shipped interstate.
    We are proposing to amend the regulations governing the interstate 
movement of Hawaiian fruits and vegetables to allow the interstate 
movement of Sharwil avocados from Hawaii provided they undergo cold 
treatment for Trifly. The authorized cold treatment would be as 
follows:

------------------------------------------------------------------------
                                                                Exposure
                          Treatment                              period 
                                                                 (days) 
------------------------------------------------------------------------
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 
U.S. Department of Agriculture. Information on this research may be 
obtained from the Oxford Plant Protection Center, AQI Branch, Plant 
Protection and Quarantine, APHIS, USDA, 901 Hillsboro Street, Oxford, 
NC, 27575. Pest risk analyses conducted by the Animal and Plant Health 
Inspection Service (APHIS) have determined that any other injurious 
plant pests that might be carried by Sharwil avocados would be readily 
detectable upon examination by an inspector of Plant Protection and 
Quarantine (PPQ), APHIS.
    Cold treatment of avocados generally causes discoloration and 
pitting. However, the Agricultural Research Service, U.S. Department of 
Agriculture, has tested a method of pretreatment conditioning for 
Sharwil avocados that induces tolerance to cold treatment, making cold 
treatment for the Sharwil variety commercially feasible (HortScience 
29(10):1166-1168.1994.). Only the Sharwil variety of avocado would be 
approved for cold treatment, since the pretreatment conditioning has 
been tested only on the Sharwil variety. Pretreatment conditioning 
would be recommended but not required.
    The cold treatment procedures for Sharwil avocado would be added to 
the Plant Protection and Quarantine (PPQ) Treatment Manual, which has 
been incorporated by reference into the Code of Federal Regulations at 
7 CFR part 300.1.
    Sharwil avocados moved interstate from Hawaii would continue to be 
subject to other applicable provisions of the regulations. These 
include, among other things, that a certificate issued in accordance 
with Sec. 318.13-4(b) must be attached to the container of the 

[[Page 51374]]
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 a PPQ inspector in accordance with an administratively 
approved procedure, and is subsequently handled either under such 
supervision as the inspector may require or in accordance with a 
compliance agreement.

Nonsubstantive Changes

    We are also proposing two nonsubstantive editorial changes to 
simplify the regulations. Section 318.13-4d provides that avocados from 
Hawaii may be eligible for interstate movement if treated with methyl 
bromide fumigation in accordance with that section. Section 318.13-4e 
provides that avocados from Hawaii may be eligible for interstate 
movement if treated with a combination of methyl bromide fumigation and 
refrigeration in accordance with that section. We are proposing to 
remove these treatment provisions from the regulations at Secs. 318.13-
4d and 318.13-4e. These treatments are already included in the PPQ 
Treatment Manual. Instead, proposed Sec. 318.13-4d would state that 
avocados may be moved interstate from Hawaii if treated in accordance 
with the PPQ Treatment Manual. Thus, the treatments listed in 
Secs. 318.13-4d and 318.13-4e would remain as options but would appear 
in the PPQ Treatment Manual.
    We are also proposing to amend the definition of ``Inspector'' to 
read ``An inspector of Plant Protection and Quarantine, Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture.''

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    Hawaii produced approximately 500,000 pounds of avocados during 
1993, down approximately 29 percent from the 1992 level due, in part, 
to the interruption of avocado shipments to the U.S. mainland because 
of Oriental fruit fly infestation in 1992. Sharwil variety accounted 
for 75 percent of this total, or 375,000 pounds. Shipments of Sharwil 
avocados from Hawaii to the U.S. mainland and to Canada before the 1992 
suspension peaked at 100,000 pounds.
    Total production of avocados in the United States, excluding 
Hawaii, was approximately 302.8 million pounds in 1993. Of this total, 
California accounted for approximately 97 percent of the production. 
California continues to supply the major share of the U.S. avocado 
market. Total Hawaiian avocado production in 1993 accounted for less 
than two-tenths of a percent of the total U.S. production.
    The total value of Hawaiian avocado production ($220,000 in 1993) 
is less than three-tenths of a percent of the total U.S. production, 
and all of the Hawaiian entities involved are considered small. The 
proposed rule could reverse the downward trend in Hawaiian avocado 
production by providing a commercially feasible method of treating 
Sharwil avocados to be moved interstate. This would have a positive 
economic effect on Hawaiian avocado producers. Although a major share 
of the U.S. market is supplied by California producers, the addition of 
a Hawaiian supply would be unlikely to have a significant negative 
impact upon California producers, as the two dominant avocado 
varieties, Sharwil (Hawaii) and Hass (California) have different peak 
seasons of production. The peak season for the Sharwil variety is 
between November and May; the peak season for the Hass variety is April 
through October. As a result, the proposed rule would be expected to 
have a complementary rather than competitive effect. The change would 
not be expected to have any significant impact upon supply and price. 
Nevertheless, it would be expected to have a positive impact upon 
consumers by providing for a more 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

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(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 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 continue to read as 
follows:

    Authority: 7 U.S.C., 150ee, 154, 161, 162, and 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; availability.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted on 
November 30, 1992, and includes all revisions through [insert date], 
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, 
and 167; 7 CFR 2.17, 2.51, and 371.2(c).

    4. Section 318.13-1 would be amended by revising the definition for 
Inspector to read as follows:


Sec. 318.13-1  Definitions.

* * * * *
    Inspector. An inspector of Plant Protection and Quarantine, Animal 
and Plant Health Inspection Service, United States Department of 
Agriculture.
* * * * *
    5. Section 318.13-4d would be revised to read as follows: 

[[Page 51375]]



Sec. 318.13-4d  Administrative instructions concerning the interstate 
movement of avocados from Hawaii.

    (a) Subject to the requirements of Secs. 318.13-3 and 318.13-4 and 
all other applicable provisions of this subpart, avocados may be moved 
interstate from Hawaii only if they are 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 (Dacus cucurbitae), and the Oriental fruit fly 
(Bactrocera dorsalis).
    (b) 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.


Sec. 318.13-4e  [Removed and Reserved]

    6. Section 318.13-4e would be removed and reserved.

    Done in Washington, DC, this 25th day of September 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-24351 Filed 9-29-95; 8:45 am]
BILLING CODE 3410-34-P