[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Proposed Rules]
[Pages 34626-34630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12135]


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 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 67, No. 94 / Wednesday, May 15, 2002 / 
Proposed Rules  

[[Page 34626]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 318

[Docket No. 01-042-1]


Interstate Movement of Gardenia 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 for the movement of cut blooms of gardenia from 
Hawaii. We have determined that specific growing and inspection 
protocols or treatment with irradiation can effectively mitigate the 
plant pest risks associated with gardenia grown in Hawaii. This action 
would provide for the interstate movement of gardenia from Hawaii while 
continuing to prevent the spread of plant pests within the United 
States.

DATES: We will consider all comments we receive that are postmarked, 
delivered, or e-mailed by July 15, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-042-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-042-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-042-1'' on the subject line.
    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, Import and Interstate Services, PPQ, 
APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1231; (301) 734-
6766.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Hawaiian Fruits and Vegetables'' (7 
CFR 318.13 through 318.13-17, referred to below as the regulations) 
govern, among other things, the interstate movement of fruits, 
vegetables, and other products, including cut flowers, from Hawaii. 
Regulation is necessary to prevent the spread of plant pests that exist 
in Hawaii.
    The regulations in Sec. 318.13-3(b)(1) currently provide that cut 
flowers (except cut blooms of gardenia, mauna loa, and jade vine, and 
leis thereof ) may be moved interstate under certain conditions and if 
accompanied by a limited permit. The movement of cut blooms of gardenia 
is currently prohibited due to gardenia's status as a host of green 
scale (Coccus viridus), also known as green coffee scale.
    The green scale feeds along the main vein of the leaf and near the 
tips of green shoots. Damage due to the feeding of an individual scale 
is small. However, when large populations are present, yellowing, 
defoliation, reduction in fruit set, and loss in plant vigor occur. In 
addition, green scale excrete honeydew. This sweet and watery excretion 
is fed on by bees, wasps, ants, and other insects. The honeydew serves 
as a medium on which a sooty fungus grows, called sooty mold. Sooty 
mold blackens the leaf and decreases photosynthesis.
    In this document, we are proposing to amend the regulations to 
provide for the interstate movement of gardenia from Hawaii. Cut blooms 
of gardenia from Hawaii would be eligible for movement to other parts 
of the United States if they were treated with irradiation in Hawaii or 
grown in accordance with certain prescribed conditions. Each of these 
options is explained below.

Irradiation Protocol for Cut Blooms of Gardenia

    Section 318.13-4f provides instructions for the irradiation 
treatment of fruits and vegetables from Hawaii. Research conducted by 
the University of Hawaii and reviewed by the U.S. Department of 
Agriculture's (USDA's) Agricultural Research Service has demonstrated 
that the irradiation treatment described in that section is an 
effective treatment for green scale on gardenias, so we are proposing 
to add cut blooms of gardenia to the list in 318.13-4f(a) of regulated 
articles for which irradiation is an approved treatment. We would also 
make some minor changes throughout the section, such as replacing 
references to ``fruits and vegetables'' with references to ``regulated 
articles,'' to ensure that the section's provisions apply to gardenias. 
A description of the provisions of Sec. 318.13-4f as they currently 
stand is set forth below. Our specific proposed changes are discussed 
after that description.
    Currently, paragraph (b) of Sec. 318.13-4f provides that:
    1. Irradiation treatment must be carried out at an approved 
facility only in Hawaii or in non-fruit-fly-supporting areas of the 
mainland United States (i.e., States other than Alabama, Arizona, 
California, Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, 
New Mexico, North Carolina, South Carolina, Tennessee, Texas, or 
Virginia). With one limited exception, prior to treatment, the fruits 
and vegetables cannot move into or through these non-fruit-fly-
supporting States;
    2. The irradiation treatment facility and treatment protocol must 
be approved by the Animal and Plant Health Inspection Service (APHIS);
    3. In order to be approved, a facility must be capable of 
administering a minimum absorbed ionizing radiation dose of 250 Gray 
(25 krad), be constructed so as to provide physically separate 
locations for treated and

[[Page 34627]]

untreated fruits and vegetables, complete a compliance agreement with 
APHIS, and be certified by Plant Protection and Quarantine, APHIS, for 
initial use and annually for subsequent use;
    4. Irradiation treatment must be monitored by an inspector, who may 
be either an APHIS employee or a designated State plant regulatory 
official;
    5. If treated in Hawaii, the fruits and vegetables must be packaged 
in cartons that have no openings that will allow the entry of fruit 
flies. The cartons must be sealed with seals that will visually 
indicate if the cartons have been opened. Then, the pallet-load of 
cartons must be wrapped, before leaving the irradiation facility, in 
one of the following ways: (1) With polyethylene sheet wrap; (2) with 
net wrapping; or (3) with strapping so that each carton on an outside 
row of the pallet-load is constrained by a metal or plastic strap. In 
addition, pallet-loads must be labeled with treatment lot numbers, 
packing and treatment facility identification and location, and dates 
of packing and treatment;
    6. If moving to the mainland for treatment, the untreated fruits 
and vegetables must be shipped in shipping containers sealed prior to 
interstate movement with seals that will visually indicate if the 
shipping containers have been opened;
    7. The fruits and vegetables must receive a minimum absorbed 
ionizing radiation dose of 250 Gray (25 krad);
    8. Dosimetry systems in the irradiation facility must map, control, 
and record the absorbed dose;
    9. The absorbed dose must be measured by a dosimeter that can 
accurately measure an absorbed dose of 250 Gray (25 krad);
    10. The number and placement of dosimeters must be in accordance 
with American Society for Testing and Materials standards;
    11. An inspector will issue a certificate for the interstate 
movement of fruits and vegetables treated and handled in Hawaii in 
accordance with the regulations at Sec. 318.13-4f. An inspector will 
issue a limited permit for the interstate movement of untreated fruits 
and vegetables from Hawaii for irradiation treatment on the mainland 
United States; and
    12. The irradiation facility must keep records or invoices for each 
treated lot for a period that exceeds the shelf life of the irradiated 
food product by 1 year and must make those records available to an 
inspector for inspection.
    Paragraphs (c) and (d) of Sec. 318.37-4f set forth procedures for 
applying for approval and inspection of a treatment facility, and 
procedures for denial and withdrawal of approval.
    Paragraph (e) of Sec. 318.13-4f further provides that the USDA and 
its inspectors are not responsible for any loss or damage resulting 
from any treatment prescribed or supervised.
    The one substantive change we would make to the provisions 
described above is with regard to the location of treatment. As 
described in item 1 above, the irradiation treatment may be carried out 
in Hawaii or in a non-fruit-fly-supporting area of the mainland United 
States. Because green scale can survive in those non-fruit-fly 
supporting areas, we would require that cut blooms of gardenia be 
treated only in Hawaii. To put this restriction in place, we would make 
two changes to the regulations. First, we would amend the first 
sentence of Sec. 318.13-4f(b)(1) to read, ``The irradiation treatment 
must be carried out at an approved facility in Hawaii or, if authorized 
by a limited permit issued under paragraph (b)(7)(ii) of this section, 
on the mainland United States.'' Second, we would amend the provisions 
in Sec. 318.13-4f(b)(7)(ii) regarding limited permits to state that cut 
blooms of gardenia may be treated only in Hawaii and are not eligible 
for a limited permit for movement to the mainland United States for 
treatment. A limited permit is already required under Sec. 318.13-
4f(b)(7)(ii) for the movement of untreated fruits and vegetables to the 
mainland for treatment, so these proposed change would have no effect 
on the current requirements governing the movement of fruits and 
vegetables.
    As noted previously, it would be necessary to change the references 
to ``fruits and vegetables'' that appear in several places to 
``regulated articles'' to include cut blooms of gardenias within the 
scope of the regulations. In addition, our proposed addition of 
provisions for the interstate movement of cut blooms of gardenias would 
make several other changes necessary. Specifically, we would:
     Change the title of the subpart from ``Subpart Hawaiian 
Fruits and Vegetables'' to ``Subpart--Hawaiian Fruits, Vegetables, and 
Flowers.''
     Add an entry for cut blooms of gardenias to the list in 
Sec. 318.13-2(b) of regulated articles that are eligible for interstate 
movement from Hawaii.
     Modify the prohibition in Sec. 318.13-3(b)(1) on the 
movement of cut blooms of gardenia to limit that prohibition to cut 
blooms that have not been treated with irradiation or grown under the 
conditions described in this document.
     Amend Sec. 318.13-4f(e) to include green scale along with 
the Trifly complex (i.e., Mediterranean fruit fly, melon fruit fly, and 
Oriental fruit fly) as a pest against which irradiation is approved as 
a treatment to assure quarantine security.

Systems Approach

    As an alternative to the irradiation treatment described above, cut 
blooms of gardenia would also be eligible for interstate movement from 
Hawaii if the gardenias were grown and shipped under the following 
conditions:
    1. The grower's production area would have to be inspected annually 
by an inspector and found free of green scale. If green scale is found 
during an inspection, a 2-month ban would be placed on the interstate 
movement of cut blooms of gardenia from that production area unless the 
grower chose to have the blooms treated with irradiation in accordance 
with Sec. 318.13-4f. Near the end of the 2-month period, an inspector 
would reinspect the grower's production area to determine whether green 
scale is present. If reinspection determines that the production area 
is free of green scale, shipping could resume. If reinspection 
determines that the production area still has green scale, another 2-
month ban on shipping would be placed on the movement of gardenia from 
that production area. The grower, at this point, would again have the 
option of treating the blooms with irradiation, rather than waiting 2 
months for reinspection.
    2. The gardenia production area would have to be surrounded by a 
buffer area extending 20 feet from the edge of the production area. 
Within the buffer area, the growing of gardenias and other green scale 
host plants would be prohibited. The following 18 green scale hosts 
would be specified as prohibited in the buffer area: Ixora, ginger 
(Alpina purpurata), plumeria, coffee, rambutan, lichee, guava, citrus, 
anthurium, avocado, banana, cocoa, macadamia, celery, Pluto indicia (a 
weed introduced into Hawaii), mango, orchids, and annona.
    3. An inspector would have to visually inspect the cut blooms of 
gardenias in each shipment prior to their interstate movement from 
Hawaii. If the inspector does not detect green scale in the shipment, 
the inspector would issue a certificate in accordance with Sec. 318.13-
4(a), which would allow the shipment to move interstate without further 
restrictions. If the inspector finds green scale in a shipment, that 
shipment would have to be treated with irradiation in accordance with 
Sec. 318.13-4f to be eligible for interstate movement from Hawaii.

[[Page 34628]]

    These proposed growing and shipping conditions would provide 
gardenia producers with an opportunity to move pest-free cut blooms of 
gardenia interstate without treatment while at the same time making 
irradiation treatment available as an option should green scale be 
detected in their production areas or on cut blooms offered for 
interstate movement.
    In addition to the changes discussed above, we are also making 
several nonsubstantive changes to correct editorial errors in the 
regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    In this document, we are proposing to amend the regulations to 
provide for the movement of cut blooms of gardenia from Hawaii. We have 
determined that specific growing and inspection protocols or treatment 
with irradiation can effectively mitigate the plant pest risks 
associated with gardenia grown in Hawaii. This action would provide for 
the interstate movement of gardenias from Hawaii while continuing to 
prevent the spread of plant pests within the United States.
    Under this proposed rule, gardenia growers in Hawaii who wish to 
move cut blooms of gardenia interstate from Hawaii would be able to do 
so if the gardenias were produced in a growing area determined by APHIS 
to be free of green scale and the cut blooms were inspected prior to 
interstate movement. Alternatively, cut blooms of gardenia could be 
moved interstate from Hawaii if the blooms were treated with 
irradiation prior to movement.
Gardenia Producers
    According to the USDA's Pacific Basin Agricultural Research Center 
in Hawaii, the total planted area of gardenias in Hawaii is 26.6 acres. 
Of the 26.6 acres of gardenias, only 3.6 acres belong to commercial 
farms: 2 acres in Kona, on the island of Hawaii; 1.1 acres in the Manoa 
Valley (Oahu), and 0.5 acres in Waipahu (Oahu). The remaining 23 acres 
of planted gardenias in Hawaii are owned by approximately 100 growers, 
each having an average of 20 to 25 bushes or about 10,000 square feet 
of production area. These gardenias are grown in ``backyard'' type 
production conditions.
    The largest commercial gardenia production area in Hawaii consists 
of 2 acres of planted gardenia bushes that produce about 69,200 flowers 
per year, with annual gross receipts from sales of just under $13,000. 
While sales figures are not available for the two smaller commercial 
producers, we presume that their annual sales are less than those of 
the largest producer.
    According to Small Business Administration (SBA) size standards, an 
entity involved in floriculture production (NAICS code 111422) is 
considered a small entity if it has annual sales of less that $750,000. 
Under this definition, all commercial gardenia growers in Hawaii would 
be considered small entities.
Irradiation Facility
    The proposed irradiation treatment of gardenias would take place 
prior to their shipment to the mainland United States at an irradiation 
facility on the island of Hawaii. This facility began its commercial 
operation in August 2000 and is currently approved by APHIS for the 
irradiation of fruits and vegetables under Sec. 318.13-4f of the 
regulations.
    The irradiation facility can be classified under NAICS code 115114, 
``Postharvest Crop Activities (except Cotton Ginning).'' According to 
SBA standards, an entity in that classification is considered a small 
entity if its annual sales are less than $6 million. Applying this 
definition, the facility would be considered a small entity.
Impact on Small Entities
    Under the Regulatory Flexibility Act, agencies are required to 
specifically consider the economic effects of their rules on small 
entities. The entities most likely to be affected by this proposed rule 
are the commercial producers of gardenias and the irradiation treatment 
facility discussed previously in this analysis; the producers and 
treatment facility are all considered to be small entities.
    We expect that commercial gardenia producers would benefit from the 
ability to move their products interstate to markets in the continental 
United States while incurring the costs associated with establishing 
and maintaining a green-scale-free growing area and/or treating the cut 
blooms with irradiation. While we cannot estimate the amount of 
additional sales that might be enjoyed by commercial gardenia producers 
as a result of this proposed rule, we do not expect that amount would 
be substantial, given the limited scale of commercial gardenia 
production in Hawaii. The costs associated with the proposed production 
area requirements are likely to be negligible and limited to the 
maintenance of a 20-foot host-plant-free buffer zone around the 
production area, as the required inspections will be provided free of 
charge. The costs for irradiating fruit currently ranges from $0.22 to 
$0.33; how those costs would translate to the cost of irradiating cut 
blooms of gardenias is unknown, given the differing weight-volume 
ratios of fruit and cut flowers. In order for the treatment to be cost 
effective, treatment costs would have to be only a small percentage of 
the producer price for the cut blooms, which, according to the Pacific 
Basin Agricultural Research Center, range from $3.50 per 10 units for 
heads to $9.80 per 10 units for fancy extra-long (12 inches and above) 
stems.
    We also expect that the irradiation facility used for treating cut 
blooms of gardenias would benefit from this proposed rule. However, in 
the absence of data regarding the number of gardenia producers that 
would use the facility, the volume of business those producers would 
bring, and the prices that the facility would charge for irradiating 
cut blooms, we cannot estimate the size of those benefits. Nonetheless, 
we expect that the amount of additional revenue that could result from 
this proposed rule would be small, given the limited scale of 
commercial gardenia production in Hawaii.
    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

    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

[[Page 34629]]

(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. 01-042-1. 
Please send a copy of your comments to: (1) Docket No. 01-042-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, 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 amend the Hawaiian fruits and vegetables 
regulations to provide for the movement of cut blooms of gardenia from 
Hawaii. We have determined that specific growing and inspection 
protocols or treatment with irradiation can effectively mitigate the 
plant pest risks associated with gardenia grown in Hawaii. This action 
would provide for the interstate movement of gardenia from Hawaii while 
continuing to prevent the spread of plant pests within the United 
States.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed 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 is estimated to average 0.425 hours per response.
    Respondents: Gardenia producers, irradiation facility personnel, 
and State plant regulatory officials.
    Estimated annual number of respondents: 13.
    Estimated annual number of responses per respondent: 6.1538.
    Estimated annual number of responses: 80.
    Estimated total annual burden on respondents: 34 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

List of Subjects in 7 CFR part 318

    Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and 
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin 
Islands.

    Accordingly, we propose to amend 7 CFR part 318 as follows:

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

    1. The authority citation for part 318 would continue to read as 
follows:

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

Subpart Hawaiian Fruits, Vegetables, and Flowers

    2. The heading for the subpart would be revised to read as set 
forth above.


Sec. 318.13-1  [Amended]

    3. In Sec. 318.13-1, in the definition of fruits and vegetables, 
the word ``mellons'' would be corrected to read ``melons''.


Sec. 318.13-2  [Amended]

    4. In Sec. 318.13-2, paragraph (b) would be amended as follows:
    a. In the introductory text, by removing the words ``fruits and 
vegetables'' and adding the word ``articles'' in their place.
    b. In the list of regulated articles, by adding, in alphabetical 
order, an entry for ``Gardenia (cut blooms)''.
    c. At the end of the section, in the sentence following the list, 
by removing the words ``and vegetables'' and adding the words ``, 
vegetables, or other products'' in their place and by removing the 
words ``fruits or vegetables'' and adding the words ``articles'' in 
their place.


Sec. 318.13-3  [Amended]

    5. In Sec. 318.13-3, paragraph (b)(1) would be amended by removing 
the words ``gardenia, mauna loa,'' and adding the words ``mauna loa'' 
in their place and by adding the words ``, and except any cut blooms of 
gardenia not treated in accordance with Sec. 318.13-4f or grown in 
accordance with Sec. 318.13-4j'' after the word ``thereof''.


Sec. 318.13-4  [Amended]

    6. Section 318.13-4 would be amended as follows:
    a. In paragraph (a), by removing the words ``Fruits and 
vegetables'' and adding ``Regulated articles'' in their place.
    b. In paragraph (c)(2), by removing the words ``fruits and 
vegetables'' and adding the words ``fruits, vegetables, or other 
products'' in their place.
    7. Section 318.13-4f would be amended as follows:
    a. By revising the section heading.
    b. In paragraph (a), by removing the words ``fruits and 
vegetables'' and adding the words ``regulated articles'' in their place 
and by adding the words ``gardenia (cut blooms),'' after the word 
``carambola,''.
    c. In paragraph (b), the introductory text, by removing the words 
``Fruits and vegetables'' and adding the words ``Regulated articles'' 
in their place.
    d. In paragraph (b)(1) by revising the first sentence.
    e. In paragraph (b)(2)(i) by removing the words ``fruits and 
vegetables'' and adding the word ``articles'' in their place.
    f. In paragraph (b)(2)(ii), in the first sentence, by removing the 
words ``fruits and vegetables'' both times they occur and adding the 
word ``articles'' in their place and, in the second sentence, by 
removing the word ``six'' and adding the numeral ``6'' in its place.
    g. In paragraph (b)(3) by removing the words ``inspectional visits 
to'' and adding the words ``inspections of'' in their place.
    h. In paragraph (b)(5), by removing the word ``fruits and 
vegetables'' and adding the word ``articles'' in their place.
    i. In paragraph (b)(7)(i), by removing the words ``fruits and 
vegetables'' and adding the words ``regulated articles'' in their 
place.
    j. In paragraph (b)(7)(ii), by adding a new sentence at the end of 
the paragraph to read as follows.
    k. In paragraph (e), by adding the words ``and green scale'' after 
the words ``Trifly complex'' and by removing the words ``fruits and 
vegetables'' and adding the word ``articles'' in their place.
    The revisions and addition read as follows:


Sec. 318.13-4f  Administrative instructions prescribing methods for 
irradiation treatment of certain regulated articles from Hawaii.

* * * * *

[[Page 34630]]

    (b) * * *
    (1) * * * The irradiation treatment must be carried out at an 
approved facility in Hawaii or, if authorized by a limited permit 
issued under paragraph (b)(7)(ii) of this section, on the mainland 
United States. * * *
* * * * *
    (7) * * *
    (ii) * * * Cut blooms of gardenia may be treated only in Hawaii and 
are not eligible for a limited permit for movement to the mainland 
United States for treatment.
* * * * *
    8. A new 318.13-4j would be added to read as follows:


Sec. 318.13-4j  Administrative instructions governing the interstate 
movement of cut blooms of gardenia from Hawaii.

    Cut blooms of gardenia may be moved interstate from Hawaii if 
treated with irradiation in accordance with Sec. 318.13-4f of this 
subpart or if grown and inspected in accordance with the provisions of 
this section.
    (a) The grower's production area must be inspected annually by an 
inspector and found free of green scale. If green scale is found during 
an inspection, a 2-month ban will be placed on the interstate movement 
of cut blooms of gardenia from that production area unless the grower 
elects to treat the blooms with irradiation in accordance with 
Sec. 318.13-4f. Near the end of the 2 months, an inspector will 
reinspect the grower's production area to determine whether green scale 
is present. If reinspection determines that the production area is free 
of green scale, shipping may resume. If reinspection determines that 
green scale is still present in the production area, another 2-month 
ban on shipping will be placed on the interstate movement of gardenia 
from that production area unless the grower again elects to treat the 
blooms with irradiation in accordance with Sec. 318.13-4f. Absent 
irradiation, each ban will be followed by reinspection in the manner 
specified, and the production area must be found free of green scale 
prior to interstate movement.
    (b) The grower must establish a buffer area surrounding gardenia 
production areas. The buffer area must extend 20 feet from the edge of 
the production area. Within the buffer area, the growing of gardenias 
and the following green scale host plants is prohibited: Ixora, ginger 
(Alpina purpurata), plumeria, coffee, rambutan, litchi, guava, citrus, 
anthurium, avocado, banana, cocoa, macadamia, celery, Pluto indicia (a 
weed introduced into Hawaii), mango, orchids, and annona.
    (c) An inspector must visually inspect the cut blooms of gardenias 
in each shipment prior to interstate movement from Hawaii to the 
mainland United States. If the inspector does not detect green scale in 
the shipment, the inspector would issue a certificate for the shipment 
in accordance with Sec. 318.13-4(a). If the inspector finds green scale 
in a shipment, that shipment must be treated with irradiation in 
accordance with Sec. 318.13-4f to be eligible for interstate movement 
from Hawaii.

    Done in Washington, DC, this 9th day of May 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-12135 Filed 5-14-02; 8:45 am]
BILLING CODE 3410-34-P