[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Proposed Rules]
[Pages 38108-38114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18461]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 318
[Docket No. 95-069-1]
Papaya, Carambola, and Litchi From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to increase the irradiation treatment dose
required for papayas intended for interstate movement from Hawaii and
to allow carambolas and litchis to be moved interstate from Hawaii with
irradiation treatment. We are also proposing to allow papayas,
carambolas, and litchis from Hawaii to undergo irradiation treatment
either in Hawaii or in non-fruit fly supporting areas of the mainland
United States. We are also proposing to allow litchis to be moved
interstate from Hawaii if they are inspected and found free of the
litchi fruit moth and undergo hot water treatment for fruit flies. In
addition, we are proposing several amendments to the requirements for
irradiation procedures and facilities and the handling of treated and
untreated fruits and vegetables. Finally, we are proposing to amend the
definition for inspector to include State plant regulatory officials
designated by the Administrator of the Animal and Plant Health
Inspection Service, U.S. Department of Agriculture. These proposed
actions would facilitate the interstate movement of papayas,
carambolas, and litchis from Hawaii while continuing to provide
protection against the spread of injurious plant pests from Hawaii to
other parts of the United States.
DATES: For comments on all portions of this proposed rule except the
rule's information collection and recordkeeping requirements that are
subject to the Paperwork Reduction Act, consideration will be given
only to comments received on or before August 22, 1996. For comments on
the Paperwork Reduction Act requirements of this proposed rule,
consideration will be given only to comments received on or before
September 23, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-069-1, 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. 95-069-1. 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, 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 of fruits and
vegetables, including papayas, from Hawaii. Regulation is necessary to
prevent the spread of the Mediterranean fruit fly (Ceratitis capitata),
the melon fly (Bactrocera cucurbitae), and the Oriental fruit fly
(Bactrocera dorsalis), which occur in Hawaii. These types of fruit
flies are collectively referred to in this document as Trifly.
The regulations allow papayas to be moved interstate from Hawaii to
any destination in the United States if,
[[Page 38109]]
among other things, they have been treated for Trifly. One approved
treatment for Trifly in papayas is irradiation. Section 318.13-4f
provides for irradiation of papayas at an approved facility in Hawaii
at an irradiation dose of 150 Gray (15 krad).
Irradiation Dosage Levels
The Agricultural Research Service (ARS), United States Department
of Agriculture, recently reevaluated the irradiation treatment for
fruits and vegetables, including papayas, and has formally recommended
a change from 150 Gray to 250 Gray for the dose necessary to control
Trifly. At the current dosage levels, normal-appearing, sterile adult
pests may emerge after treatment. Although these insects cannot
reproduce, the emergence of normal-appearing adults presents problems
for surveillance programs designed to intercept exotic insects, because
there is no practical way to distinguish an irradiated (sterile) insect
from an untreated one. ARS has determined that the 250 Gray (25 krad)
dosage would prevent adult emergence altogether, including the
emergence of normal-appearing, sterile adult insects capable of flight.
The Food and Drug Administration (FDA) regulations permit the use
of irradiation at doses not to exceed 1,000 Gray (100 krad) to inhibit
the growth and maturation of fresh foods and to disinfest food of
arthropod pests. The 250 Gray (25 krad) dosage recommended by ARS is
well within FDA limits. We are therefore proposing to amend
Sec. 318.13-4f by increasing the irradiation treatment dose required
for papayas intended for interstate movement from Hawaii from 150 Gray
(15 krad) to 250 Gray (25 krad).
Irradiation Treatment on the Mainland
Hawaii has not been able to ship irradiated fresh papayas to the
mainland under the existing regulations due to the lack of an
irradiation facility in the State. We believe that routine commercial
shipments of papayas can be authorized for treatment in any State of
the continental United States except Alabama, Arizona, California,
Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, New Mexico,
North Carolina, South Carolina, Tennessee, Texas, or Virginia. Prior to
treatment, movement into and through the United States would be limited
to the area authorized under Sec. 318.13-17(e) for fruits and
vegetables from Hawaii that transit the United States en route to a
foreign destination. It is unlikely that Trifly would be able to
establish reproducing populations in the States on the mainland where
treatment would be allowed because of either the relatively cool
climate or the lack of suitable host material in those areas.
Therefore, we are proposing to amend the regulations at Sec. 318.13-3
and 318.13-4f to allow untreated papayas from Hawaii to undergo
irradiation treatment in the areas of the mainland United States
described above.
We are also proposing to require that untreated papayas moved
interstate from Hawaii for treatment at an irradiation facility in an
approved area on the mainland United States be accompanied by a limited
permit. The purpose of a limited permit is to allow movement, under
certain restrictions, of a commodity that may not otherwise be
authorized for movement. This document provides a way to track the
commodity and ensure that it moves only as authorized.
In addition, we are proposing to prohibit the commingling of
untreated papayas shipped from Hawaii to the mainland United States
with other fruits and vegetables. This appears necessary to prevent
other commodities from becoming infested with Trifly.
Irradiation Procedures and Facilities
We are proposing to amend Sec. 318.13-4f to eliminate the
requirement that dose indicators be attached to the cartons or the
pallet loads of treated papayas. Instead, we would require that
absorbed dose be measured at the treatment facility using a dose
indicator that can accurately measure an absorbed dose of 250 Gray (25
krad). We would require that the number and placement of dosimeters
used to measure the absorbed dose be in accordance with standards of
the American Society for Testing and Materials (ASTM). (See Designation
E 1261-94, ``Standard Guide for Selection and Calibration of Dosimetry
Systems for Radiation Processing,'' American Society for Testing and
Materials, Annual Book of ASTM Standards.) We would add that the
dosimetry system (the system used for determining absorbed dose,
consisting of dosimeters, measurement instruments, reference standards,
and procedures) in place at the treatment facility must demonstrate
that the absorbed dose, including areas of minimum and maximum dose, is
mapped, controlled, and recorded, and we would rely on the treatment
facility records to verify the treatment. Under the current
regulations, the treatment facility is required to maintain records of
treatment for a period of time that exceeds the shelf life of the
irradiated product by 1 year. The regulations require the records to
include the lot identification, scheduled process, evidence of
compliance with the scheduled process, ionizing energy source, source
calibration, dosimetry, dose distribution in the product, and the date
of irradiation. All records must be available for inspection.
In addition, we are proposing to amend Sec. 318.13-4f to require
that approved irradiation treatment facilities be certified annually by
Plant Protection and Quarantine (PPQ), APHIS, and that they be
recertified in the event that an increase or decrease in radioisotope
or a major equipment modification affects the delivered dose. This
action would ensure that irradiation facilities are capable of properly
administering effective treatments.
Packaging Requirements
We are proposing to amend specific provisions regarding packaging
and wrapping of papayas under Sec. 318.13-4f to require that all
treated papayas be packaged in pest-proof cartons to protect them from
re-infestation by Trifly. Then, to ensure that no cartons are added to
or removed from a pallet load of cartons, pallet loads would have to be
wrapped in one of the following ways, as is currently required under
Sec. 318.13-4f(b)(6): With polyethylene sheet wrap, with net wrapping,
or with strapping so that each carton on an outside row of the pallet
load is constrained by a metal or plastic strap. We further propose to
require that pallet loads of treated papayas be marked with treatment
lot numbers, packing and treatment facility identification and
locations, and dates of packing and treatment. This information would
allow an inspector to identify the treatment lots and trace them back
to the packing and treatment facilities. This method of labeling would
replace the current requirement that individual cartons and pallet-
loads of cartons be marked with a ``Treated'' stamp.
We are not proposing similar packaging requirements for untreated
papayas moving interstate to the mainland United States. Any Trifly
that might be present in the shipment of untreated papayas would most
likely be eggs and larvae, and it is unlikely that eggs and larvae
could escape. If Trifly eggs and larvae were present in the shipment,
and if they reached maturity and escaped, it is unlikely that they
could establish a reproducing population in the areas in which movement
of untreated papayas would be authorized under this section because of
either the relatively cool climate or the lack of suitable host
material in those areas. Further, untreated papayas would be treated on
[[Page 38110]]
the mainland before being distributed, minimizing the possibility that
any eggs and larvae could reach maturity and escape.
Carambolas from Hawaii
Carambola (Averrhoa carambola) fruit is a recorded host of Trifly.
Based on ARS research and recommendations, 1 we are also proposing
to amend Sec. 318.13-4f to allow the interstate movement of carambolas
from Hawaii with irradiation treatment. The same provisions proposed
for papaya, including irradiation treatment dosage, would apply.
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\1\ Information on this and other ARS research may be obtained
by writing to Dr. Ken Vick, USDA, ARS, NPS, BARC-West, Building 005,
Beltsville, MD 20705.
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Litchis from Hawaii
Litchi (Litchi chinensis) fruit is a recorded host of the
Mediterranean fruit fly and Oriental fruit fly, among other pests, but
litchi is not a recorded host for melon fly. Based on ARS research and
recommendations, we are proposing to further amend Sec. 318.13-4f to
allow the interstate movement of litchis from Hawaii with irradiation
treatment. The same provisions proposed for papaya, including
irradiation treatment dosage, would apply.
We have determined, however, that irradiation treatment may not
affect other pests that may be carried by litchi. One pest, the litchi
rust mite (Eriphyes litchi), would not be easily detected by an
inspector. Therefore, the entry of litchi from Hawaii into Florida,
where most mainland litchi is grown, would be prohibited as a
precaution against the possible introduction of litchi rust mite.
Accordingly, the cartons in which the litchi are packed would have to
be stamped ``Not for importation into or distribution in FL.''
Other pests that may be carried by the litchi, including the litchi
fruit moth (Cryptophlebia spp.), could be easily detected by
inspection. We propose to require that the litchis be inspected by an
inspector and found free of plant pests prior to interstate movement
under a limited permit.
Allowing the interstate movement of litchis from Hawaii under the
conditions described above would facilitate trade while continuing to
provide protection against the spread of plant pests into other parts
of the United States.
As an alternative to the irradiation treatment for litchi from
Hawaii, we are proposing to allow the interstate movement of litchis
from Hawaii if the litchis are inspected and found free of the litchi
fruit moth (Cryptophlebia spp.) and other plant pests by an inspector
and then treated with hot water for the Mediterranean fruit fly and
Oriental fruit fly under the supervision of an inspector before the
litchis' interstate movement.
However, because the litchi rust mite cannot be effectively
detected by inspection and would not be eliminated by hot water
treatment, we are proposing that the litchi be prohibited movement into
Florida. Accordingly, the cartons in which the litchi are packed would
have to be stamped ``Not for importation into or distribution in FL.''
The provisions described above for litchi from Hawaii would be
added to the regulations as a new Sec. 318.13-4e.
Research conducted by ARS indicates that the following hot water
treatment of litchis would provide probit 9 quarantine security (no
more than 3 individuals surviving from an estimated treatment
population of 100,000 target) against any potential infestations of
Mediterranean fruit fly or Oriental fruit fly:
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Water temperature Time
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49 deg.C (120.2 deg.F) or above...... 20 minutes.
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Treatment would begin when the water temperature is 49 deg.C
(120.2 deg.F) or above in all locations throughout the tank; the tank
must be designed to allow sufficient water circulation and heating to
maintain treatment temperatures during the 20 minute treatment cycle.
Hot water treatment tanks with upper temperature limits of 49.5 deg.C
(121.1 deg.F) would be recommended, because temperatures exceeding
49.5 deg.C (121.1 deg.F) could cause phytotoxicity damage due to
overheating. Hydrocooling for 20 minutes at temperatures of 24 deg.C
(75.2 deg.F) # 4 deg.C (7.2 deg.F) would also be recommended to
prevent injury to the fruit from the hot water treatment. This
treatment schedule for litchis from Hawaii would be added to the Plant
Protection and Quarantine (PPQ) Treatment Manual, which is incorporated
into the regulations by reference at 7 CFR 300.1.
Definition of Inspector
We are proposing to amend the definition of inspector in
Sec. 318.13-1 to enable a greater number of qualified people to perform
inspections on, issue limited permits for, and certify fruits and
vegetables moving interstate from Hawaii. We propose that the new
definition define an inspector as ``An employee of Plant Protection and
Quarantine, or a State plant regulatory official designated by the
Administrator to inspect and certify to shippers and other interested
parties, as to the condition of the products inspected. To be eligible
for designation, a State plant regulatory official must have a
bachelor's degree in the biological sciences, a minimum of 2 years'
experience in State plant regulatory activities, and a minimum of 2
years' experience in recognizing and identifying plant pests known to
occur within Hawaii. Six years' experience in State plant regulatory
activities may be substituted for the degree requirement.'' We believe
that this proposed definition, which is based in part on the definition
for inspector found in 7 CFR 353, ``Phytosanitary Export
Certification,'' would allow greater State participation in the
inspection process while continuing to provide protection against the
spread of injurious plant pests from Hawaii to other parts of the
United States.
Miscellaneous
We are proposing to amend Sec. 318.13-4f so that it permits
irradiation treatment for certain fruits or vegetables, not exclusively
for papayas. Although papayas, carambolas, and litchis would be the
only commodities listed in Sec. 318.13-4f as being approved for this
treatment, we expect that additional fruits and vegetables from Hawaii
may be approved for irradiation treatment and added to this section
through rulemaking in the future.
We are also proposing to amend Sec. 318.13-4f(c) to update the
address for requests for approval and inspection of irradiation
facilies.
This proposed rule would facilitate the interstate movement of
papayas, carambolas, and litchis from Hawaii while continuing to
provide protection against the spread of injurious plant pests from
Hawaii to other parts of the United States.
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.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this proposed rule on small entities. However, we do not
currently have all the data necessary for a comprehensive analysis of
the effects of this rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in determining the number and kind of
[[Page 38111]]
small entities that may incur benefits or costs from implementation of
this proposed rule.
In accordance with 7 U.S.C. 162, the Secretary of Agriculture is
authorized to promulgate regulations governing the interstate movement
of plants and plant products from a State or territory of the United
States to prevent the spread of a dangerous plant disease or insect
infestation new to or not widely prevalent or distributed within or
throughout the United States.
This proposed rule would increase the irradiation treatment dose
required for papayas from Hawaii and allow irradiation treatment of
carambolas and litchis from Hawaii. The proposed rule would also allow
papayas, carambolas, and litchis from Hawaii to undergo irradiation
treatment in non-fruit fly supporting areas of the mainland United
States. In addition, the proposed rule would allow litchis to be moved
interstate from Hawaii if they are inspected and found free of the
litchi fruit moth and other plant pests and then undergo hot water
treatment for Medfly and Oriental fruit fly. Finally, the proposed rule
would amend the requirements for irradiation procedures and facilities
and the handling of treated and untreated fruits and vegetables.
Economic impacts associated with this rulemaking would largely be the
result of untreated papayas, carambolas, or litchis being allowed to
move to the mainland United States for irradiation treatment.
Papayas
Papayas are produced commercially on about 340 farms in Hawaii.
Nearly 65 percent of those farms are owned by individuals whose major
occupation is not farming, while the balance are operated by
individuals whose major occupation is farming.
Papaya farms with average annual revenues of less than $500,000 are
considered small. All papaya farms in Hawaii are therefore considered
small.
In 1994, Hawaii produced 62 million pounds of papaya (valued at $15
million). Fresh papaya comprised 56.2 million pounds of this total.
During that year, Hawaii shipped about 37.8 million pounds of papaya.
Shipment of fresh papaya to the mainland totaled about 19.4 million
pounds, and the remainder was exported to other countries. Of the
approximately 19.4 million pounds of fresh papayas shipped from Hawaii
to the mainland in 1994, most went to the West Coast. Seventy five
percent of them were sold directly to retailers, and the rest were sold
to wholesalers.
The United States imported about 41.2 million pounds of fresh
papaya (valued at $10.9 million) in 1994. Most of the imported papayas
came from Mexico (80 percent), Belize (9.6 percent), Jamaica (6.3
percent), and the Dominican Republic (1.9 percent). The United States
exported 18.4 million pounds of fresh papayas (valued at $15.4 million)
in 1994. The major importers were Japan (66.8 percent) and Canada (27.1
percent). Almost all United States exports of papayas go out of Hawaii,
while all imports come into the mainland United States.
There are five firms currently operating nine papaya treatment
facilities in the State of Hawaii. Four firms use the vapor-heat
treatment method and one uses the dry heat (or high-temperature forced
air) method. The total capacity of these treatment chambers is 85,000
pounds per run.
Both heat treatment methods have the potential to damage the
papayas. They require the center of each papaya fruit to reach about 47
deg.C (about 117 deg.F), a temperature sufficient to kill fruit fly
eggs and larvae. Because of variation in fruit size and ripeness, the
papayas may not be uniformly heated. This may result in the fruit
becoming lumpy and losing flavor. For both methods, careful control of
the uniformity of fruit size and ripeness is necessary for effective
treatment. In addition, both methods require between 4 and 6 hours of
treatment. Efforts to speed up the process result in fruit which is
either scalded externally or hardened on the inside. The cost of
treatment for both methods ranges from 9 to 23 cents per pound.
Although the regulations currently allow papayas to be treated by
irradiation in Hawaii, there are no irradiation facilities in that
State. Allowing irradiation to be performed on the mainland appears to
be an attractive option. The subsequent diversion of untreated papayas
from Hawaii to the mainland would likely result in loss of business to
the existing vapor heat and dry heat facilities. This could result in
lay-offs and possibly the shut-down of some of these facilities.
However, if papaya producers respond by producing more papayas,
continuing traditional treatment for some and shipping others for
irradiation, this would not necessarily occur.
Carambolas
The United States produced about 6 million pounds of carambola in
1994, with a total value of approximately $4 million to $4.5 million.
In the United States, carambola is grown on about 100 farms. All of
these farms have a market value of less than $500,000 and are thus
considered to be small businesses according to the Small Business
Administration's size standards.
In 1994, Hawaii produced only about 50,700 pounds of carambola,
valued at approximately $38,000, on 35 farms. The provisions proposed
in this rule concerning irradiation treatment of carambola fruits by
the mainland facilities are expected to stimulate growth of the
carambola industry in Hawaii and provide greater access to the larger
mainland market.
No economic impact on mainland carambola growers is anticipated,
since the total Hawaii production of carambola is less than one percent
of the mainland production. Therefore, even in the unlikely event that
Hawaii could ship 100 percent of its production to the mainland, supply
would only increase by less than one percent. However, mainland
consumers would likely benefit from increased seasonal and regional
availability, as well as from the increased variety of fresh carambola.
Additionally, carambola growers in Hawaii would benefit from the
opportunity to sell their product in a larger and more diverse market.
This proposed rule would enable carambola from Hawaii to be
irradiated at an existing irradiation facility on the mainland and is
not expected to impose additional costs on carambola producers in
Hawaii. We expect that carambola producers in Hawaii would benefit from
the proposed irradiation treatment because this treatment could deliver
better product quality, extended shelf life of the fruit, and cost
effective treatment of the fruit. However, the overall impact of the
carambola provisions of the proposed rule is expected to be
insignificant.
Litchis
Litchis are produced commercially on 257 farms in Hawaii. In 1993,
the United States produced about 770,000 pounds of litchi. Of that
total, approximately 85,000 pounds was produced in Hawaii.
Litchi farms with average annual revenues of less than $500,000 are
considered small. All litchi farms in Hawaii are considered small.
The litchi industry in Hawaii has been constrained by the lack of
an approved treatment for fruit flies since the cancellation of
ethylene dibromide in 1994. Approving irradiation treatment of litchis
on the mainland would be expected to stimulate growth of the industry
and provide access to the larger mainland market. No information is
available on the effect of approving inspection and hot water treatment
as an alternative method for moving litchis interstate.
[[Page 38112]]
The United States is a net importer of fresh litchi, with a total
import of about 165,000 pounds in 1994. In 1994, nearly 70 percent of
imported litchi came from Mexico; the remainder came from Israel. The
total supply of litchi on the mainland is about 850,000 pounds.
Wholesale prices of litchi range between $1.00 per pound and $4.50 per
pound.
The economic impact on mainland litchi growers and prices on the
mainland will not be significant. Even in the unlikely event that
Hawaii shipped 25 percent of its production to the mainland, supply
would increase by only about 2.3 percent. However, mainland consumers
would benefit from increased seasonal and regional availability, an
increased variety of fresh litchi, and stable prices. Additionally,
litchi growers in Hawaii would benefit from the increased opportunity
to sell their product in a larger and more diverse market.
According to recent research conducted by the ARS, irradiation
appears to be an effective treatment option that does not require
control of either fruit size or ripeness. Irradiation typically
requires only 40 minutes for treatment. The irradiation method may be
more cost effective depending on volume treated, because it costs only
about 5 to 12 cents per pound.
The proposed rule is expected to benefit producers, since
irradiation appears to offer a number of advantages over current
treatment options, including greater flexibility of fruit size and
ripeness, reduction in treatment time, improved effectiveness against
pest infestation, better product quality, extended shelf life, and
improved cost effectiveness. Consumers also could benefit from a better
quality product. The overall impact upon supply, price, and
competitiveness is expected to be insignificant.
This proposed rule contains paperwork requirements. Under this
proposed rule, a limited permit would be required for untreated
papayas, carambolas, and litchis moved interstate from Hawaii for
irradiation.
The alternative to this proposed rule would be to take no action.
We do not consider taking no action a reasonable alternative. Papayas,
carambolas, and litchis are not currently moved interstate from Hawaii
because of a lack of suitable treatment options. This proposed rule
would facilitate the interstate movement of papayas, carambolas, and
litchis from Hawaii while continuing to provide protection against the
spread of injurious plant pests from Hawaii to other parts of the
United States.
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
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 95-069-1.
Please send a copy of your comments to: (1) Docket No. 95-069-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
proposed rule.
We are proposing to increase the irradiation treatment dose
required for papayas intended for interstate movement from Hawaii and
to allow carambolas and litchis to be moved interstate from Hawaii with
irradiation treatment. We are also proposing to allow papayas,
carambolas, and litchis from Hawaii to undergo irradiation treatment
either in Hawaii or in non-fruit fly supporting areas of the mainland
United States. We are also proposing to allow litchis to be moved
interstate from Hawaii if they are inspected and found free of the
litchi fruit moth and undergo hot water treatment for fruit flies. In
addition, we are proposing several amendments to the requirements for
irradiation procedures and facilities and the handling of treated and
untreated fruits and vegetables. These proposals would facilitate the
interstate movement of papayas, carambolas, and litchis from Hawaii
while continuing to provide protection against the spread of Trifly
from Hawaii to other parts of the United States.
The implementation of these proposed regulatory actions would
require us to engage in certain information collection activities that
would necessitate the use of several forms, including limited permits
and container markings.
We are seeking OMB approval to use the following forms:
PPQ Form 530 (Limited Permit): The proposed rule would require that
untreated papayas moved interstate from Hawaii for treatment at an
irradiation facility on the United States mainland be accompanied by a
limited permit. The permit would be issued by an inspector after the
inspector examines the shipment and determines that it has been
prepared in compliance with our regulations.
Container Marking and Identity: The proposed rule would require
that pallet loads of irradiation-treated papayas be marked (by
irradiation facility personnel or by the shipper) with treatment lot
numbers, packing and treatment facility identification and locations,
and dates of packing and treatment. This information would allow an
inspector to identify the treatment lots and trace them back to the
packing and treatment facilities.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. We need this outside input to help us:
(1) Evaluate whether the information collection is necessary for
the proper performance of our agency's functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond, such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Estimate of burden: Public reporting burden for this collection of
information
[[Page 38113]]
is estimated to average 15 minutes per response.
Respondents: Importers, exporters, and shippers.
Estimated number of respondents: 352.
Estimated number of responses per respondent: 1.
Estimated total annual burden on respondents: 88 hours.
Copies of this information collection can be obtained from:
Clearance Officer, OIRM, USDA, Room 404-W, 14th Street and Independence
Ave., SW, Washington, DC 20250.
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 would continue 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), the introductory text 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 __________, 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 2.22, 2.80, and 371.2(c).
4. In Sec. 318.13-1, the definition for Inspector would be revised
to read as follows:
Sec. 318.13-1 Definitions.
* * * * *
Inspector. An employee of Plant Protection and Quarantine, or a
State plant regulatory official designated by the Administrator to
inspect and certify to shippers and other interested parties, as to the
condition of the products inspected. To be eligible for designation, a
State plant regulatory official must have a bachelor's degree in the
biological sciences, a minimum of 2 years' experience in State plant
regulatory activities, and a minimum of 2 years' experience in
recognizing and identifying plant pests known to occur within Hawaii.
Six years' experience in State plant regulatory activities may be
substituted for the degree requirement.
* * * * *
5. In Sec. 318.13-3, a new paragraph (b)(3) would be added to read
as follows:
Sec. 318.13-3 Conditions of movement.
* * * * *
(b) * * *
(3) Untreated fruits and vegetables from Hawaii may be moved
interstate for irradiation treatment on the mainland United States if
the provisions of Sec. 318.13-4f are met and if the fruits and
vegetables are accompanied by a limited permit issued by an inspector
in accordance with Sec. 318.13-4(c). The limited permit will be issued
only if the inspector examines the shipment and determines that the
shipment has been prepared in compliance with the provisions of this
subpart.
* * * * *
6. A new Sec. 318.13-4e would be added to read as follows:
Sec. 318.13-4e Administrative instructions governing the movement of
litchis from Hawaii to other States.
(a) Litchis may be moved interstate from Hawaii only in accordance
with this section or Sec. 318.13-4f and all other applicable provisions
of this part.
(b) To be eligible for interstate movement under this section,
litchi must be inspected and found free of the litchi fruit moth
(Cryptophlebia spp.) and other plant pests by an inspector and then
treated for fruit flies under the supervision of an inspector with a
treatment authorized by the Administrator.
(c) 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.
(d) Litchi from Hawaii may not be moved interstate into Florida.
All cartons in which litchi from Hawaii are packed must be stamped
``Not for importation into or distribution in FL.''
7. Section 318.13-4f would be amended as follows:
a. By revising the heading to read as set forth below.
b. By revising paragraph (a) to read as set forth below.
c. By revising the heading and the introductory text to paragraph
(b) to read as set forth below.
d. By revising paragraph (b)(1) to read as set forth below.
e. In paragraph (b)(2)(i), by removing the words ``15 kilorads (150
Gray) to the papayas'' and adding ``250 Gray (25 krad)'' in its place.
f. In paragraph (b)(2)(ii), by removing the word ``fruit'' each
time it appears and adding ``fruits and vegetables'' in its place.
g. In paragraph (b)(2)(ii), at the end of the paragraph, by adding
a new sentence to read as set forth below.
h. By adding a new paragraph (b)(2)(iv) to read as set forth below.
i. In paragraph (b)(4), in the first sentence, by removing the
words ``Papayas are'' and adding, in their place, the words ``Fruits
and vegetables that are treated in Hawaii must be''.
j. By redesignating the introductory text of paragraph (b)(4) as
paragraph (b)(4)(i), and by adding new paragraphs (b)(4)(ii),
(b)(4)(iii) and (iv) to read as set forth below.
k. By revising paragraphs (b)(5) and (b)(6) to read as set forth
below.
l. By removing paragraphs (b)(7), (b)(8), and (b)(9).
m. By adding a new paragraph (b)(7) to read as set forth below.
n. By redesignating paragraph (b)(10) as paragraph (b)(8).
o. In newly designated paragraph (b)(8), the beginning of the
second sentence, by removing the words ``A papaya'' and adding the word
``An'' in their place.
p. By revising paragraph (c) to read as set forth below.
q. In paragraph (d)(1), by removing the word ``papaya'' each time
it appears.
r. In paragraph (d)(2), by removing the words ``a papaya'' in the
first sentence and adding the word ``an'' in its place, and by removing
the word ``papaya'' each time it appears.
s. In paragraph (e), by removing the word ``papayas'' and adding
``the fruits and vegetables authorized for treatment under this
section'' in its place.
Sec. 318.13-4f Administrative instructions prescribing methods for
irradiation treatment of certain fruits and vegetables from Hawaii.
(a) Approved irradiation treatment. Irradiation, carried out in
accordance with the provisions of this section, is approved as a
treatment for the
[[Page 38114]]
following fruits and vegetables: carambola, litchi, and papaya.
(b) Conditions of movement. Fruits and vegetables from Hawaii may
be authorized for movement in accordance with this section only if the
following conditions are met:
(1) Location. The irradiation treatment must be carried out at an
approved facility in Hawaii or on the mainland United States. Fruits
and vegetables authorized under this section for treatment on the
mainland may be treated in any State on the mainland United States
except Alabama, Arizona, California, Florida, Georgia, Kentucky,
Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South
Carolina, Tennessee, Texas, or Virginia. Prior to treatment, the fruits
and vegetables may not move into or through Alabama, Arizona,
California, Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada,
New Mexico, North Carolina, South Carolina, Tennessee, Texas, or
Virginia, except that movement would be allowed through Dallas/Fort
Worth, Texas, as an authorized stop for air cargo, or as a transloading
location for shipments that arrive by air but that are subsequently
transloaded into trucks for overland movement from Dallas/Fort Worth
into an authorized State by the shortest route.
* * * * *
(2) * * *
(ii) * * * Untreated fruits and vegetables shipped to the mainland
United States from Hawaii in accordance with this section may not be
packaged for shipment in a carton with treated fruits and vegetables.
* * * * *
(iv) Be certified by Plant Protection and Quarantine for initial
use and annually for subsequent use. Recertification is required in the
event that an increase or decrease in radioisotope or a major
modification to equipment that affects the delivered dose.
Recertification may be required in cases where a significant variance
in dose delivery is indicated.
* * * * *
(4) * * *
(ii) The pallet-load of cartons must be wrapped before it leaves
the irradiation facility in one of the following ways:
(A) With polyethylene sheet wrap;
(B) With net wrapping; or
(C) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(iii) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and location, and dates of
packing and treatment.
(iv) Litchi from Hawaii may not be moved interstate into Florida.
All cartons in which litchi from Hawaii are packed must be stamped
``Not for importation into or distribution in FL.''
(5) Dosage. The fruits and vegetables must receive a minimum
absorbed ionizing radiation dose of 250 Gray (25 krad).5
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\5\ See footnote 2.
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(6) Dosimetry systems. (i) Dosimetry must demonstrate that the
absorbed dose, including areas of minimum and maximum dose, is mapped,
controlled, and recorded.
(ii) Absorbed dose must be measured using a dose indicator that can
accurately measure an absorbed dose of 250 Gray (25 krad).
(iii) The number and placement of dosimeters used must be in
accordance with American Society for Testing and Materials (ASTM)
standards.6
---------------------------------------------------------------------------
\6\ Designation E, ``Standard Guide for Selection and
Calibration of Dosimetry Systems for Radiation Processing,''
American Society for Testing and Materials, Annual Book of ASTM
Standards.
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(7)(i) Certification on basis of treatment. A certificate shall be
issued by an inspector for the movement of fruits and vegetables from
Hawaii that have been treated and handled in accordance with this
section.
(ii) Limited permit. A limited permit shall be issued by an
inspector for the interstate movement of untreated fruits and
vegetables from Hawaii for treatment on the mainland United States in
accordance with this section.
* * * * *
(c) Request for approval and inspection of facility. Persons
requesting approval of an irradiation treatment facility and treatment
protocol must submit the request for approval in writing to the Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565.
Before the Administrator determines whether an irradiation facility is
eligible for approval, an inspector will make a personal inspection of
the facility to determine whether it complies with the standards of
paragraph (b)(2) of this section.
* * * * *
Done in Washington, DC, this 16th day of July 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-18461 Filed 7-22-96; 8:45 am]
BILLING CODE 3410-34-P