[Federal Register Volume 66, Number 138 (Wednesday, July 18, 2001)]
[Proposed Rules]
[Pages 37425-37429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17803]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 138 / Wednesday, July 18, 2001 / 
Proposed Rules  

[[Page 37425]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 318

[Docket No. 98-127-1]


Rambutan, Longan, and Litchi From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the Hawaiian fruits and vegetables 
regulations to provide alternative treatments for rambutan, longan, and 
litchi moving interstate from Hawaii. This proposed action would 
facilitate the interstate movement of rambutan, longan, and litchi from 
Hawaii while continuing to provide protection against the spread of 
injurious plant pests from Hawaii to other parts of the United States. 
We are also proposing to consolidate and update the existing 
regulations governing the interstate movement of certain fruits from 
Hawaii in order to make them easier to understand.

DATES: We will consider all comments that we receive by September 17, 
2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 98-127-1, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 98-127-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Donna L. West, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit 
140, Riverdale, MD 20737-1236; (301) 734-6799.

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 from Hawaii. Regulation is necessary to prevent the spread 
of dangerous plant diseases and pests that exist in Hawaii, including 
the Mediterranean fruit fly (Ceratitis capitata), the melon fly 
(Bactrocera cucurbitae), and the Oriental fruit fly (Bactrocera 
dorsalis).
    The regulations currently require specified fruits to undergo 
treatment as a condition of movement from Hawaii to other States. In 
some cases, the treatment schedules are set forth in the regulations, 
while in others, the regulations require that fruit be treated in 
accordance with a treatment listed in the Plant Protection and 
Quarantine (PPQ) Treatment Manual, which is incorporated by reference 
at 7 CFR 300.1(a).
    In this document, we are proposing to add several treatments to the 
PPQ Treatment Manual, provide alternative treatments for rambutan, 
longan, litchi, and several other fruits, remove specific treatment 
schedules from Sec. 318.13-4b of the regulations, and consolidate 
several sections of the regulations into a revised Sec. 318.13-4b. The 
proposed changes are described below, by commodity.

Bell Peppers, Eggplants, Pineapples (Other than Smooth Cayenne), 
Italian Squash, and Tomatoes

    Under the current regulations in Sec. 318.13-4b, bell peppers, 
eggplants, pineapples (other than smooth cayenne), Italian squash, and 
tomatoes may be moved interstate from Hawaii if, among other things, 
they are treated with the vapor heat treatment prescribed in the 
regulations. This treatment, which requires that fruits be treated with 
vapor heat at 110  deg.F for 8.75 hours, differs from the vapor heat 
treatment specified in the PPQ Treatment Manual for those fruits. The 
PPQ Treatment Manual specifies the following vapor heat treatment for 
bell peppers, eggplants, pineapples (other than smooth Cayenne), 
Italian squash, and tomatoes:
Vapor Heat Treatment for Ceratitis Capitata (Mediterranean Fruit fly), 
Bactrocera Dorsalis (Oriental Fruit fly), and Bactrocera Cucurbitae 
(Melon fly)
    1. Raise temperature of article by saturated water vapor at 112 
deg.F until approximate center of fruit reaches 112  deg.F within a 
time period designated by the PPQ officer.
    2. Hold fruit temperature at 112  deg.F for 8.75 hours, then cool 
immediately. Pretreatment conditioning is optional and is the 
responsibility of the shipper.
    The above treatment is preferable to the treatment listed in 
Sec. 318.13-4b(a)(1) because research conducted by the Agricultural 
Research Service (ARS) has shown that certain pests of bell peppers, 
eggplants, pineapples (other than smooth cayenne), Italian squash, and 
tomatoes may not be eliminated by vapor heat treatment at less than 112 
 deg.F.
    Therefore, we are proposing to remove the treatment in Sec. 318.13-
4b(a)(1) for bell peppers, eggplants, pineapples (other than smooth 
cayenne), Italian squash, and tomatoes and replace it with a 
requirement that those fruits be treated in accordance with the PPQ 
Treatment Manual, or any applicable treatment provided in the 
regulations. (Tomatoes may also be treated with methyl bromide in 
accordance with Sec. 318.13-4c.)
    In conjunction with this change, we would remove Sec. 318.13-
4b(e)(2), which explains that eggplants need to be properly conditioned 
in order to tolerate the required vapor heat treatment. Since the 
conditioning of eggplants is at the discretion of the shipper and is 
not required under the regulations, Sec. 318.13-4b(e)(2) would not need 
to be included in the revised regulations.

Papaya

    Under the current regulations in Sec. 318.13-4b, papayas may be 
moved interstate from Hawaii if, among other things, they are treated 
with a vapor

[[Page 37426]]

heat treatment prescribed in Secs. 318.13-4b(a)(1) or (a)(2). Paragraph 
(a)(1) requires that fruits be treated with vapor heat at 110  deg.F 
for 8.75 hours. Paragraph (a)(2) requires that fruits be treated with 
vapor heat until the approximate center of the fruit reaches 117 
deg.F. This second option is referred to as a ``quick run-up'' 
treatment.
    As is the case with bell peppers and the other fruits discussed 
above, the treatment in paragraph (a)(1) is no longer in use for 
papayas. The ``quick run-up'' vapor heat treatment provided in 
paragraph (a)(2) is the only vapor heat treatment currently being used 
in Hawaii to treat papayas. Therefore, we are proposing to remove the 
treatment listed in paragraph (a)(1) as a treatment for papayas, and, 
since the ``quick run-up'' treatment is not listed in the PPQ Treatment 
Manual, we would add it to the PPQ Treatment Manual, and remove it from 
the regulations in Sec. 318.13-4b. The treatment is as follows:
Vapor Heat Treatment for Ceratitis Capitata (Mediterranean Fruit fly), 
Bactrocera Dorsalis (Oriental Fruit fly), and Bactrocera Cucurbitae 
(Melon fly)
    1. Raise temperature of article by saturated water vapor at 117 
deg.F until approximate center of fruit reaches 117  deg.F in a minimum 
time period of 4 hours.
    In conjunction with this change, we would amend the regulations in 
Sec. 318.13-4b to provide that papayas may be moved interstate from 
Hawaii if treated in accordance with the PPQ Treatment Manual, or any 
other applicable treatment provided in the regulations. (Papayas may 
also be treated with irradiation in accordance with Sec. 318.13-4f.)
    Further, we would also remove Sec. 318.13-4b(e)(3), which explains 
that papayas need to be properly conditioned in order to tolerate the 
required vapor heat treatment. Since the conditioning of papayas is at 
the discretion of the shipper and is not required under the 
regulations, Sec. 318.13-4b(e)(3) would not need to be included in the 
revised regulations.

Avocado and Carambola

    Currently, the regulations in Secs. 318.13-4d and 318.13-4h provide 
for the interstate movement of avocados and carambolas, respectively, 
from Hawaii if the fruits are treated for certain pests in accordance 
with the PPQ Treatment Manual. In order to streamline the regulations, 
we propose to remove the regulations in Secs. 318.13-4d and 318.13-4h 
and add avocados and carambolas to the revised Sec. 318.13-4b, which 
would list certain fruits that are eligible for movement from Hawaii if 
they are first treated in accordance with the PPQ Treatment Manual. 
Carambola could also be treated with irradiation in accordance with 
Sec. 318.13-4.

Litchi

    Under the current regulations in Sec. 318.13-4e, litchi may be 
moved interstate from Hawaii to all States except Florida if, among 
other things, they are inspected for, and found free of, the litchi 
fruit moth (Cryptophlebia spp.) and are then treated for certain pests 
in accordance with the PPQ Treatment Manual, which calls for a hot 
water treatment. Litchi may also be moved interstate from Hawaii to all 
States except Florida if treated with irradiation in accordance with 
the regulations in Sec. 318.13-4f. In both cases, the regulations 
specify that litchi may not be moved into Florida because one pest, the 
litchi rust mite (Eriophyes litchi), would not be easily detected by an 
inspector. Therefore, the entry of litchi from Hawaii into Florida, 
where most mainland litchi is grown, is prohibited as a precaution 
against the possible introduction of the litchi rust mite. Accordingly, 
the regulations require that cartons in which the litchi are packed be 
stamped ``Not for importation into or distribution in FL.'' \1\
---------------------------------------------------------------------------

    \1\ The current regulations uses the term ``importation'' 
incorrectly. Products moving to the mainland from Hawaii are being 
``moved'' in interstate commerce, and are not being ``imported'' 
into the United States. This proposed rule would amend the 
regulations to reflect the proper terminology.
---------------------------------------------------------------------------

    In order to streamline the regulations, we are proposing to remove 
the requirements in Sec. 318.13-4e and add litchi to the revised 
Sec. 318.13-4b, which would list fruits that are eligible for movement 
from Hawaii if they are first treated in accordance with the PPQ 
Treatment Manual or in accordance with any applicable treatment 
provided in the regulations. We would also add requirements to the 
revised Sec. 318.13-4b to make it clear that litchi and any other 
fruits moving interstate from Hawaii under the regulations in 
Sec. 318.13-4b must be inspected and found free of plant pests prior to 
treatment. Further, we would amend Sec. 318.13-4b to state that litchi 
would not be eligible for movement into Florida, and cartons in which 
the litchi are packed would be required to be stamped ``Not for 
movement into or distribution in FL.''
    Based on research and recommendations by ARS, we are also proposing 
to add a new vapor heat treatment, which is explained below, to the PPQ 
Treatment Manual for litchi moving interstate from Hawaii. Research 
conducted by ARS indicates that this treatment would provide probit 9 
quarantine security (99.997 percent mortality or no more than 3 
individuals surviving from an estimated treatment population of 
100,000) against any potential infestations of Mediterranean fruit fly 
or Oriental fruit fly.
    ARS has determined, however, that this new vapor heat treatment, 
like the existing hot water treatment, may not affect other pests that 
may be carried by litchi (i.e., the litchi rust mite). Because the 
litchi rust mite would not be easily detected by an inspector, the 
movement of vapor heat-treated litchi from Hawaii into Florida would, 
as is the case with hot water-treated litchi, be prohibited.
    Other pests that may be carried by litchi could be easily detected 
by inspection. Therefore, we would require that prior to treatment, the 
litchi must be inspected for the presence of scales, mealybugs, thrips, 
and other plant pests. If the litchi are found free of such pests, the 
following vapor heat treatment would be applied under the supervision 
of an inspector of the Animal and Plant Health Inspection Service 
(APHIS):
    1. The internal temperature of the fruits is to be raised to 117 
deg.F (or above) until the fruit seed surface temperature (largest 
fruits) reaches 117  deg.F. The total run-up time (all sensors) must 
take at least 60 minutes.
    2. Fruit is to be held at a temperature of 117  deg.F (or above) at 
90 percent relative humidity or above for 20 minutes.
    3. Fruit is to be hydrocooled under a cool water spray until probed 
fruit return to ambient temperature.
    4. The inspector must perform a careful visual inspection of the 
treated fruit to confirm the absence of other live pest species of 
quarantine significance. If any of the following are found live, the 
inspector will reject the treatment: Cryptophlebia illepida (koa 
seedworm), Cryptophlebia ombrodelta (litchi fruit moth), Epiphyas 
postvittana (light brown apple moth), Eriophyes litchi (litchi rust 
mite).
    This treatment would provide an alternative to the existing hot 
water treatment provided in the PPQ Treatment Manual and the 
irradiation treatment provided in Sec. 318.13-4f.

Rambutan

    Rambutan (Nephelium lappaceum L.) fruit is a recorded host of the 
Mediterranean fruit fly and Oriental fruit fly, among other pests, but 
is not a recorded host of melon fly. Currently, rambutan is only 
allowed to move interstate from Hawaii if it is treated with 
irradiation in accordance with the regulations in Sec. 318.13-4f.

[[Page 37427]]

    Based on research and recommendations by ARS, we are proposing to 
add two treatments to the PPQ Treatment Manual for rambutan moving 
interstate from Hawaii. ARS research indicates that these high 
temperature forced air and vapor heat treatments, which are described 
below, would provide probit 9 quarantine security against any potential 
infestations of Mediterranean fruit fly or Oriental fruit fly.
    Prior to treatment, the rambutan would have to be inspected for the 
presence of scales, mealybugs, thrips, and other plant pests. If the 
rambutan is found free of such pests, the following treatment would be 
applied using either high temperature forced air or vapor heat, under 
the supervision of an APHIS inspector:
    1. The internal temperature of rambutan is to be raised by high 
temperature forced air or saturated water vapor to 117  deg.F (47.2 
deg.C) during a period of 1 hour or longer.
    2. Fruits are to be held at or above 117  deg.F (47.2  deg.C) or 
above for 20 minutes. (For vapor heat treatment, fruits must also be 
held at 90 percent relative humidity during the same 20 minutes).
    3. Cooling the fruits is optional.
    In conjunction with this change, we would also amend the 
regulations to say that rambutan may be moved interstate from Hawaii if 
treated in accordance with the PPQ Treatment Manual, or any applicable 
treatment provided in the regulations. These treatments would provide 
alternatives to the existing irradiation treatment for rambutan 
provided in Sec. 318.13-4f.

Longan

    Longan (Dimocarpus longan Lour.) fruit is a recorded host of the 
Mediterranean fruit fly and Oriental fruit fly, among other pests, but 
is not a recorded host for melon fly. Currently, longan is only allowed 
to move interstate from Hawaii to all States except Florida if it is 
treated with irradiation in accordance with the regulations in 
Sec. 318.13-4f.
    Based on research and recommendations by ARS, we are proposing to 
add a hot water treatment to the PPQ Treatment Manual for longan moving 
interstate from Hawaii. ARS research indicates that this treatment, 
which is described below, would provide probit 9 quarantine security 
against any potential infestations of Mediterranean fruit fly or 
Oriental fruit fly.
    ARS has determined, however, that the hot water treatment may not 
affect other pests that may be carried by longan (i.e., the litchi rust 
mite). Because the litchi rust mite would not be easily detected by an 
inspector, the entry of longan from Hawaii into Florida, where most 
mainland longan and other hosts of the litchi rust mite are grown, 
would be prohibited and cartons in which longan from Hawaii are packed 
would be required to be stamped ``Not for movement into or distribution 
in FL.'' This prohibition would be consistent with the requirement in 
Sec. 318.13-4f that irradiated longan may not be moved into Florida due 
to the litchi rust mite.
    Other pests that may be carried by longan could be easily detected 
by inspection. Therefore, we would require that prior to treatment, the 
longan must be inspected for the presence of scales, mealybugs, thrips, 
and other plant pests. If the longan are found free of such pests, the 
following treatment would be applied, under the supervision of an APHIS 
inspector:
    1. Fruits must be at ambient temperature before treatment begins.
    2. Fruits must be submerged at least 4 inches below the surface in 
a certified hot water immersion treatment tank.
    3. Water must circulate constantly, and be kept at 120.2  deg.F (or 
above) for 20 minutes. Treatment time begins when the water temperature 
reaches at least 120.2  deg.F in all locations throughout the tank. 
Note: Temperatures exceeding 121.1  deg.F can cause phytotoxic damage.
    4. Hydrocooling for 20 minutes at 75.2 deg.F is recommended, though 
not required, to prevent injury to the fruit from the hot water 
immersion treatment.
    In conjunction with this change, we would also amend the 
regulations to provide that longan may be moved interstate from Hawaii 
to all States except Florida if treated in accordance with the PPQ 
Treatment Manual, or any other applicable treatment provided in the 
regulations. This treatment would provide an alternative to the 
existing irradiation treatment for longan provided in Sec. 318.13-4f.

Miscellaneous

    We are also proposing to correct an error in Sec. 318.13-2 of the 
regulations. Under paragraph (b) of that section, all species of the 
genus Allium may be moved from Hawaii in accordance with the 
regulations in the subpart. We are proposing to amend the regulations 
to provide that only Chinese chives (Allium tuberosum) and bulb forms 
of Allium spp. are eligible to move from Hawaii in accordance with the 
regulations. We are proposing this change because some species of the 
genus Allium (including leeks and some other species not typically 
shipped or otherwise traded in bulb form) are known to host a leaf 
miner (Acrolepiopsis sapporensis) that does not exist in the mainland 
United States and that may present a risk to mainland 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.
    In this document, we are proposing to amend the Hawaiian fruits and 
vegetables regulations to provide for the interstate movement of 
rambutan, litchi, and longan from Hawaii after the fruit is treated, 
under certain conditions, for fruit flies. Under our proposal, those 
fruits would be allowed to move interstate from Hawaii if they are 
first inspected and then treated for pests using the following types of 
treatments:

------------------------------------------------------------------------
                 Fruit                              Treatments
------------------------------------------------------------------------
Rambutan...............................  High temperature forces air or
                                          vapor heat.
Litchi.................................  Vapor heat.
Longan.................................  Hot water.
------------------------------------------------------------------------

    This proposed action would facilitate the interstate movement of 
rambutan, longan, and litchi from Hawaii while continuing to provide 
protection against the spread of injurious plant pests from Hawaii to 
other parts of the United States.
    The above fruits are already allowed to move interstate from Hawaii 
if treated with irradiation in accordance with the regulations in 
Sec. 318.13-4f. Litchi may also be moved interstate from Hawaii if 
treated with hot water in accordance with the PPQ Treatment Manual; 
however, there are currently no hot water treatment facilities in use 
in Hawaii. Longan and litchi are not allowed to be moved into Florida 
due to the risk of introducing the litchi rust mite into areas in 
Florida where longan and litchi are commercially grown.
    Providing alternative pest treatment methods for rambutan, litchi, 
and longan fruits from Hawaii is expected to stimulate growth of the 
industry and provide access to the larger mainland market.
    Production of rambutan in Hawaii decreased from 264,300 pounds in 
1997 to about 139,200 pounds in 1998. Rambutan farm prices increased 
from $2.71 per pound to $3.03 per pound during that period. There are 
approximately 50 farms in Hawaii that produce rambutan, and each of 
those farms can be considered to be small entities according to Small 
Business

[[Page 37428]]

Administration (SBA) criteria (i.e., a producer with less than $500,000 
in annual sales).
    In 1998, the United States produced approximately 2.3 million 
pounds of litchi, with Hawaii producing 157,000 pounds of litchi, 
valued at $309,000, during that same period. There are approximately 75 
farms in Hawaii that produce litchi, and each is a small entity 
according to SBA criteria.
    The United States produces approximately 1.4 million pounds of 
longan (mostly in Florida) annually, with a market value of 
approximately $767,000. Hawaii produced approximately 17,000 pounds of 
longan in 1998. Any producers of longan in Hawaii are likely to be 
small entities according to SBA criteria. However, given that Hawaii 
produces small volumes of longan, it is unlikely that a significant 
amount of longan would be moved interstate from Hawaii if this proposed 
rule is adopted.
    Currently, there are nine treatment firms in Hawaii that perform 
the treatments required under the regulations. Four firms use the vapor 
heat treatment method, four use the dry heat or high temperature forced 
air method, and one uses the irradiation method. There are no hot water 
treatment facilities in operation in Hawaii.
    Vapor heat and high temperature forced air treatments require 
between 4 and 6 hours of treatment. The cost of treatment ranges from 
0.92 to 2.3 cents per pound (approximately $18.40 to $46.00 per ton 
with capital construction cost of about $0.9 million to $1.2 million), 
while irradiation requires about 40 minutes of treatment at a cost of 
approximately 0.93 to 1.58 cents per pound (approximately $18.60 to 
$31.60 per ton with capital construction cost of about $2.8 million to 
$3.8 million for a freestanding facility).
    A hot water treatment tank fitted with four baskets costs about 
$75,000 and has a useful life of about 10 years. Using hot water 
treatment as an alternative would cost, taking into account the 
opportunity cost of capital, labor cost, and fuel cost, about $13.95 
per ton. A hot water treatment tank fitted with four bins has capacity 
to treat about 8 tons of fruit per hour. Unless there is a large volume 
of fruit available for treatment, the equipment would likely be 
underutilized.
    Producers would be able to utilize existing facilities in Hawaii to 
treat fruits under the conditions specified in this proposed rule. The 
proposed rule would likely result in increased revenue for the existing 
vapor heat and dry heat facilities in Hawaii. Additionally, growers in 
Hawaii would benefit from the increased opportunity for selling their 
products in a larger and more diverse market and from potential 
decreases in the cost of treating fruits. If producers respond by 
planting and harvesting more acreage of these fruits, both consumers 
and firms that provide treatment services are likely to benefit.
    All of the treatment methods would be more economical for owners of 
facilities and sellers of fruits if the treatments are applied to 
larger shipments. Initial investment associated with the treatments 
considered here would depend on the number, capacity, and complexity of 
required facilities. Costs per pound of fruit treated can rise 
dramatically when capital-intensive facilities are operated at less 
than design capacity. This would happen when the commodity is not 
shipped year round, or when production decreases dramatically (as in 
the case of a freeze), or if trade patterns or the regulatory 
environment changes substantially. The effect of underutilized capital 
equipment on per-unit treatment costs tends to be greater the more 
expensive the initial capital investment. For example, a recent study 
estimated that operating strawberry irradiators at 25 percent of their 
annual throughput capacity can increase the cost of irradiating 
strawberries by 212 percent, from $0.034/lb treated (when plant is 
operated at 100 percent annual capacity) to $0.106/lb treated (when 
plant is operated at only 25 percent of capacity).
    The economic effects of this proposed rule on mainland growers and 
prices on the mainland are not expected to be significant. However, 
mainland consumers of fresh rambutan, litchi, and longan would likely 
benefit from increased seasonal and regional availability and from the 
increased variety of fresh fruits, as well as from more stable prices.
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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 new 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, Incorporation by 
reference, Plant diseases and pests, Puerto Rico, Quarantine, 
Transportation, Vegetables, Virgin Islands.

    Accordingly, we propose to amend 7 CFR parts 300 and 318 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. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec. 300.1, paragraph (a), the introductory text would be 
revised to read as follows:


Sec. 300.1  Materials incorporated by reference.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted 
November 30, 1992, and includes all revisions through [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 be revised to read as 
follows:

    Authority: U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7 CFR 
2.22, 2.80, and 371.3.

    4. In Sec. 318.13-2, paragraph (b), the entry for Allium spp. would 
be removed and the following entries would be added in its place:


Sec. 318.13-2  Regulated articles.

* * * * *
    (b) * * *

[[Page 37429]]

    Allium spp. (bulb only)
    Allium tuberosum
* * * * *
    5. Section 318.13-4b, would be revised to read as follows:


Sec. 318.13-4b  Administrative instructions; conditions governing the 
interstate movement from Hawaii of certain fruits for which treatment 
is required.

    (a) General instructions. Fruits listed in this section may only be 
moved interstate from Hawaii in accordance with this section or in 
accordance with other applicable sections in this subpart.
    (b) Eligible fruits. The following fruits may be moved interstate 
from Hawaii if, prior to interstate movement, they are inspected for 
plant pests by an inspector and are then treated for fruit flies under 
the supervision of an inspector with a treatment prescribed in the 
Plant Protection and Quarantine (PPQ) Treatment Manual, which is 
incorporated by reference at Sec. 300.1 of this chapter: Avocados, bell 
peppers, carambolas, eggplants, Italian squash, litchi, longan, 
papayas, pineapples (other than smooth cayenne), rambutan, and 
tomatoes.
    (c) Subsequent handling. All handling of fruits subsequent to 
treatment in Hawaii must be carried out under the supervision of an 
inspector and according to the inspector's instructions.
    (d) Destination restrictions. Litchi and longan that are moved 
interstate from Hawaii under this section may not be moved into Florida 
due to the litchi rust mite (Eriophyes litchi). Cartons used to carry 
such fruits must be stamped: ``Not for movement into or distribution in 
FL.''
    (e) Costs and charges. All costs of treatment and any post-
treatment safeguards prescribed by an inspector must be borne by the 
owner of the fruits or the owner's representative. The services of an 
inspector during regularly assigned hours of duty and at the usual 
place of duty are furnished by APHIS without charge.
    (f) Department not responsible for damages. Treatments prescribed 
in the PPQ Treatment Manual are judged from experimental tests to be 
safe for use with the fruits listed in paragraph (b) of this section. 
However, the Department assumes no responsibility for any damage 
sustained through or in the course of the treatment, or because of 
safeguards required by an inspector.


Sec. 318.13-4d  [Removed and reserved]

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


Sec. 318.13-4e  Removed and reserved]

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


Sec. 318.13-4h  Removed and reserved]

    8. Section 318.13-4h would be removed and reserved.

    Done in Washington, DC, this 11th day of July 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-17803 Filed 7-17-01; 8:45 am]
BILLING CODE 3410-34-U