[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Rules and Regulations]
[Pages 5922-5924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3381]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 318

[Docket No. 95-028-2]


Sharwil Avocados From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations 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. This action will 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.

EFFECTIVE DATE: March 18, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior Staff 
Officer, 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.
    On October 2, 1995, we published in the Federal Register (60 FR 
51373-51375, Docket No. 95-028-1) a proposal to amend the regulations 
to allow Sharwil avocados to be moved interstate from Hawaii after 
undergoing cold treatment for Trifly. In that document, we also 
proposed two nonsubstantive editorial changes to simplify the 
regulations.
    We solicited comments concerning our proposal for 30 days ending 
November 1, 1995. We received two comments by that date. They were from 
a State agricultural agency and a representative of an avocado industry 
group. Both commenters requested additional information to substantiate 
the provisions of the proposed rule. The comments are discussed below.
    Comment: The United States Department of Agriculture (USDA) must 
address the effect of a preconditioning heat treatment, prior to cold 
treatment, on Trifly eggs and larvae.
    Response: The preconditioning heat treatment, which induces a 
tolerance to subsequent cold treatment in the Sharwil avocado variety, 
is recommended specifically for the purpose of maintaining fruit 
quality and not as a part of the quarantine treatment. However, 
research conducted by the Agricultural Research Service (ARS), USDA, 
indicates that the heat treatment does contribute to Trifly mortality. 
Additional information about this research may be obtained by writing 
to the individual listed under FOR FURTHER INFORMATION CONTACT.
    Comment: The USDA must address the efficacy of cold treatment on 
eggs and larvae of the melon fly and the Oriental fruit fly, in 
addition to the Mediterranean fruit fly (Medfly). In addition, USDA 
must address the possible resistance of Medfly to cold treatment.
    Response: Recent research conducted by ARS tested cold treatment 
against all three species of Trifly (see Armstrong, Silva, and 
Shishido, ``Quarantine cold treatment for Hawaiian carambola fruit 
infested with Mediterranean fruit fly, Melon fly, or Oriental fruit fly 
(Deptera:Tephritidae) eggs and larvae.'' Journal of Economic Entomology 
88(3):683-687 (1995)). In this study, cold treatment disinfested 
carambola of Trifly eggs and larvae, including eggs and larvae of 
Medfly, the most cold-tolerant of the Trifly species, providing a 
Probit 9 level of quarantine security (99.8 percent mortality). 
Therefore, we have determined that cold treatment is effective against 
the eggs and larvae of all three Trifly species.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule without change.

Executive Order 12866 and Regulatory Flexibility Act

    This 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. This 
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 
is 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, this 
rule is expected to have a complementary rather than competitive 
effect. The change is not expected to have any significant impact upon 
supply and price. Nevertheless, it is 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 will 
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 rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are 

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inconsistent with this rule; (2) has no retroactive effect; and (3) 
does not require administrative proceedings before parties may file 
suit in court challenging this rule.

Paperwork Reduction Act

    This 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 are amended as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22, 
2.80, and 371.2(c).

    2. In Sec. 300.1, paragraph (a), introductory text, is 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 November 1995, 
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 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, 164a, 
and 167; 7 CFR 2.22, 2.80, and 371.2(c).

    4. Section 318.13-1 is 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 is revised to read as follows:


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 is removed and reserved.

    Done in Washington, DC, this 2nd day of February 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-3381 Filed 2-14-96; 8:45 am]
BILLING CODE 3410-34-P