[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)
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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
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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