[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Proposed Rules]
[Pages 35932-35936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12810]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 67, No. 99 / Wednesday, May 22, 2002 / 
Proposed Rules  

[[Page 35932]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 318

[Docket No. 00-052-1]


Fruits and Vegetables From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow bell peppers, eggplant, mangoes, 
pineapple (other than smooth Cayenne), Italian squash, and tomatoes to 
be moved interstate from Hawaii if the fruits and vegetables undergo 
irradiation treatment at an approved facility. Treatment could be 
conducted either in Hawaii or in non-fruit-fly-supporting areas of the 
mainland United States. The fruits and vegetables would also have to 
meet certain additional requirements, including packaging requirements. 
This action would relieve restrictions on the movement of these fruits 
and vegetables from Hawaii while continuing to provide protection 
against the spread of plant pests from Hawaii to other parts of the 
United States. We are also proposing to amend the irradiation 
regulations to require cartons of fruits and vegetables that are being 
moved interstate in accordance with the regulations to be marked with 
irradiation indicators. This requirement would provide additional 
protection against the introduction of plant pests into the United 
States from Hawaii.

DATES: We will consider all comments we receive that are postmarked, 
delivered, or e-mailed by July 22, 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. 00-052-1, 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. 00-052-1. 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. 
00-052-1'' 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 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 occur in Hawaii.
    The regulations at  318.13-4f allow abiu, atemoya, 
carambola, litchi, longan, papaya, rambutan, and sapodilla to be moved 
interstate from Hawaii if, among other things, the fruits and 
vegetables undergo irradiation treatment in accordance with that 
section. We are proposing to allow bell peppers, eggplant, mangoes, 
pineapple (other than smooth Cayenne), Italian squash, and tomatoes to 
be moved interstate from Hawaii if treated with irradiation in 
accordance with these same requirements. We are proposing this action 
because research by the Department's Agricultural Research Service 
(ARS) has shown that this irradiation treatment can eliminate 
infestations of fruit flies and other pests in bell peppers, eggplant, 
mangoes, pineapple (other than smooth Cayenne), Italian squash, and 
tomatoes moving interstate from Hawaii. These fruits and vegetables 
would be added to the list in  318.13-4f(a) of fruits and 
vegetables for which irradiation is an approved treatment.
    Section 318.13-4f provides that:
    1. Irradiation treatment must be carried out 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);
    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 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 pest-proof cartons. Then, the pallet-load of pest-proof 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 before leaving the irradiation 
facility 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

[[Page 35933]]

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 irradiation 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. The irradiation facility must keep records or invoices for each 
treatment 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; and
    12. 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  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.
    Paragraphs (c) and (d) of  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  318.13-4f further provides that the U.S. 
Department of Agriculture and its inspectors are not responsible for 
any loss or damage resulting from any treatment prescribed or 
supervised.
    Bell peppers, eggplant, pineapple (other than smooth Cayenne), 
Italian squash, and tomatoes are currently allowed to move interstate 
from Hawaii if they are first treated for the Mediterranean Fruit Fly 
(Medfly, Ceratitis capitata), Oriental fruit fly (Bactrocera dorsalis), 
and melon fly (B. cucurbitae) with vapor heat in accordance with the 
regulations in  318.13-4b. Tomatoes may also be moved 
interstate from Hawaii if they are treated with methyl bromide in 
accordance with the regulations in  318.13-4c. This proposed 
rule, if adopted, would provide for an alternative means of treating 
eggplant, peppers, pineapple (other than smooth Cayenne), Italian 
squash, and tomatoes from Hawaii for fruit flies.
    Mangoes have not previously been allowed to move interstate from 
Hawaii due to the absence of an approved treatment to control the mango 
seed weevil (Sternochetus mangiferae), a pest that occurs in Hawaii, 
but not in the mainland United States. However, ARS research has 
recently shown that infestations of mango seed weevil in Hawaiian 
mangoes are eliminated if the host mangoes receive a minimum absorbed 
ionizing irradiation dose of 100 Gray (10 krad). Since prior research 
has shown that fruit fly infestations in fruits can be eliminated with 
a minimum ionizing irradiation dose of 250 Gray (25 krad), we are 
proposing to allow mangoes to be moved interstate from Hawaii if they 
are treated at that dosage, which would eliminate both fruit flies and 
the mango seed weevil.
    We believe that the existing requirements in  318.13-4f 
(b) through (e) described above would be sufficient to allow the safe 
interstate movement of bell peppers, eggplant, mangoes, pineapple 
(other than smooth Cayenne), Italian squash, and tomatoes from Hawaii 
to the mainland United States.

Irradiation Indicators

    The regulations in  318.13-4f do not contain any 
requirements related to irradiation indicator devices. Indicator 
devices change color, or undergo some other obvious change, when 
exposed to irradiation in the required dose range for regulated 
articles, and can be attached to cartons of articles. We are proposing 
to amend the regulations in  318.13-4f to require that 
irradiation indicators be attached to cartons of irradiated fruits and 
vegetables from Hawaii that move interstate under the regulations in 
that section. Abiu, atemoya, bell peppers, carambola, eggplant, litchi, 
longan, mangoes, papaya, pineapple (other than smooth Cayenne), 
rambutan, sapodilla, Italian squash, and tomatoes moving interstate 
from Hawaii that are treated with irradiation in either Hawaii or on 
the mainland United States would be subject to this requirement.
    We are proposing this action because carton indicators would be a 
useful enforcement tool. They could not serve as primary documentation 
that articles have been irradiated in accordance with the regulations, 
because such indicators are not as sensitive or accurate as the 
dosimetry systems required by the regulations, and because it would be 
relatively easy to produce fraudulent indicators (e.g., by subjecting a 
large number of indicators to irradiation and then attaching them to 
cartons that have not been irradiated). However, we believe that such 
indicators can be useful when used in conjunction with the other 
safeguards required by the regulations in  318.13-4f. In 
particular, they can be a useful ``cross check'' when personnel at 
irradiation facilities are distinguishing irradiated cartons from 
nonirradiated cartons, and when APHIS inspectors are correlating the 
required interstate movement certificates with the cartons referred to 
in the documents.

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.
    We are proposing to allow bell peppers, eggplant, mangoes, 
pineapple (other than smooth Cayenne), Italian squash, and tomatoes to 
be moved interstate from Hawaii if they are treated with irradiation in 
accordance with the regulations in  318.13-4f. Irradiation at 
certain dosages eliminates infestations of pests in fruits and 
vegetables. Irradiation also eliminates bacterial or fungal growth that 
can otherwise cause accelerated spoilage and result in illness. 
Bacterial contamination can come from soil, insects, bird or rodent 
droppings, or the water used in processing.
    We are also proposing to require that irradiation indicators be 
attached to cartons of any fruits or vegetables from Hawaii that are 
eligible to move interstate under the regulations if treated with 
irradiation in accordance with  319.13-4f.

Effects on Producers and Shippers of Fruits and Vegetables

    Since 1995, the amount of land used for commercial production of 
mangoes in Hawaii has nearly tripled, and more than 7,500 new mango 
trees have been planted. However, producers in Hawaii have not been 
able to ship mangoes to the mainland United States due to the presence 
of the mango seed weevil in Hawaii (the mango seed weevil is not 
present in the mainland United States).\1\ If this proposal is adopted, 
the irradiation treatment would be the first approved treatment for the 
mango seed weevil, thereby opening up the mainland U.S. mango market to 
Hawaiian mangoes.
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    \1\ The mango seed weevil attacks mango seeds, but rarely the 
fruit, and may cause slight fruit drop in production areas. The 
mango seed weevil poses no threat to other crops or flora. It is 
strictly monophagous.
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    U.S. production of mangoes has primarily been in southern Florida, 
with a smaller quantity grown in Hawaii and a negligible amount 
produced in California. According to the 1997 Census of Agriculture, 
there were 218

[[Page 35934]]

mango farms in Florida, 171 in Hawaii, and 2 in California. The total 
domestic harvest that year was about 2,829 metric tons, of which about 
97 percent was produced in Florida and about 3 percent (approximately 
85 metric tons) produced in Hawaii. According to National Agricultural 
Statistics Service data, Hawaii produced approximately 72 metric tons 
of mangoes in 1999. It is unlikely that this proposed rule, if adopted, 
would result in a significant amount of mangoes being moved from Hawaii 
to the mainland United States because it is expected that nearly all 
mangoes produced in Hawaii will continue to be consumed within the 
State. Further, given that the United States imported 219,000 metric 
tons of mangoes between September 1998 and August 1999, any movements 
of Hawaii-grown mangoes to the mainland United States would be 
insignificant in contrast to the volume of annual imports.
    Bell peppers, eggplant, pineapple (other than smooth Cayenne), 
Italian squash, and tomatoes are currently allowed to move interstate 
from Hawaii if they are first treated for Medfly, Oriental fruit fly, 
and melon fly with vapor heat in accordance with the regulations in 
 318.13-4b. Tomatoes may also be moved interstate from Hawaii 
if they are treated with methyl bromide in accordance with the 
regulations in  318.13-4c. This rule, if adopted, would 
provide for an alternative means of treating bell peppers, eggplant, 
pineapple (other than smooth Cayenne), Italian squash, and tomatoes 
from Hawaii for fruit flies and other pests.
    Since 1995, Hawaii's production of bell peppers, eggplant, Italian 
squash, and tomatoes has increased in value and volume (see tables 1 
and 2). Hawaii's production of pineapples (other than smooth Cayenne) 
has decreased by 4 percent, but its value has increased by 6 percent.

                             Table 1.--Production of Selected Vegetables in Hawaii.
----------------------------------------------------------------------------------------------------------------
                                                                               Year
                                                 ---------------------------------------------------------------
                                                       1995            1996            1997            1998
----------------------------------------------------------------------------------------------------------------
                                                  Bell Peppers
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Volume (fresh weight in lbs.)...................................................................................
Value...........................................................................................................
----------------------------------------------------------------------------------------------------------------
                                                    Eggplant
----------------------------------------------------------------------------------------------------------------
Volume (fresh weight in lbs.)...................................................................................
Value...........................................................................................................
----------------------------------------------------------------------------------------------------------------
                                     Pineapples (other than smooth Cayenne)
----------------------------------------------------------------------------------------------------------------
Volume (fresh weight in lbs.)...................................................................................
Value...........................................................................................................
----------------------------------------------------------------------------------------------------------------
                                                 Italian Squash
----------------------------------------------------------------------------------------------------------------
Volume (fresh weight in lbs.)...................................................................................
Value...........................................................................................................
----------------------------------------------------------------------------------------------------------------
                                                    Tomatoes
----------------------------------------------------------------------------------------------------------------
Volume (fresh weight in lbs.)...................................................................................
Value...........................................................................................................
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 Table 2.--Change in Production of Selected Vegetables in Hawaii Between
                              1995 and 1998
------------------------------------------------------------------------
                                                Volume       Value
                                               (percent)   (percent)
---------------------------------------------------------------------
Bell Peppers................................          -4          +6
Eggplant....................................         +70         +93
Pineapples (other than smooth Cayenne)......         +25          +8
Italian Squash..............................          +8          +7
Tomatoes....................................        +142         +96
------------------------------------------------------------------------

    According to the Hawaii Agricultural Census, there were 27 farms 
growing pineapples for commercial sale in 1997. Twenty-two (or 82 
percent) of those farms harvested between 1 and 14 acres of pineapple. 
During the same year, 74 farms produced tomatoes for commercial sale (a 
total of 388 acres harvested). There are no official data with respect 
to the number of farms in Hawaii producing bell peppers, eggplant, and 
Italian squash during the same year. However, considering that in 1997 
there were 657 farms in Hawaii that harvested fruits and vegetables for 
sale (90 percent of which had less than 14 acres of crops planted), we 
believe that the majority of farms producing bell peppers, eggplant, 
and Italian squash for sale were small according to Small Business 
Administration (SBA) criteria. It is also likely that the majority of 
firms shipping bell peppers, eggplant, and Italian squash interstate 
from Hawaii are small according to SBA criteria.
    Regardless of their size, Hawaii's fruit and vegetable producers 
and shippers who move fruits and vegetables interstate from Hawaii 
would benefit from the availability of an additional treatment 
alternative, especially since the proposed treatment is less time-
consuming than the presently available vapor heat treatment (see table 
3 below).

                          Table 3.--Comparison of Irradiation and Vapor Heat Treatments
----------------------------------------------------------------------------------------------------------------
                                                     Irradiation                         Vapor heat
----------------------------------------------------------------------------------------------------------------
Cost....................................  $0.22 to $0.33/kg (treatment      $0.20 to $0.50/kg.
                                           cost) + $0.05 to $0.10/carton
                                           (indicator cost).

[[Page 35935]]

 
Treatment Time..........................  40 minutes......................  1.5 to 7 hours.
----------------------------------------------------------------------------------------------------------------

Effects on Treatment Facilities

    The proposed irradiation treatments for bell peppers, eggplants, 
mangoes, pineapples (other than smooth Cayenne), Italian squash, and 
tomatoes would take place mostly at a new facility that was recently 
built in Hawaii. However, it is possible that some of these fruits and 
vegetables could be shipped to the mainland United States and treated 
with irradiation at facilities in Illinois or New Jersey. At present, 
various other tropical fruits, such as papaya, litchi, rambutan, 
carambola, and atemoya are shipped from Hawaii to a facility in 
Illinois for cobalt irradiation treatment.
    On August 1, 2000, a new x-ray irradiation facility in Hawaii began 
treating papayas, which, after their x-ray treatment, are commercially 
shipped to the mainland United States. This facility treats between 500 
to 1,000 boxes of papayas per day, 4 days per week.
    This facility would be the primary irradiation facility to treat 
Hawaii-grown bell peppers, eggplants, mangoes, pineapples (other than 
smooth Cayenne), Italian squash, and tomatoes before they are moved 
interstate. However, if there is not enough capacity at the Hawaiian 
plant for the fruits to be irradiated, the fruits could be sent for 
treatment to any of the three irradiation treatment facilities on the 
mainland United States.
    According to SBA criteria, the facility in Hawaii mentioned in the 
previous paragraphs is a small entity (i.e., an entity with annual 
sales of less than $5 million). Another firm that provides irradiation 
treatments for fruits and vegetables owns two irradiation facilities in 
Illinois and one facility in New Jersey. This other firm, which 
primarily provides irradiation treatment to sanitize medical devices, 
is not a small entity according to SBA criteria.
    This proposed rule, if adopted, would benefit the Hawaiian 
treatment facility, and may benefit the mainland facilities if the 
Hawaiian facility cannot keep up with demand for treatment of fruits 
and vegetables moving interstate from Hawaii. The proposed rule could 
also potentially benefit U.S. mainland consumers by increasing the 
mainland's supply of those fruits and vegetables that would be eligible 
for interstate movement with irradiation treatment.

Additional Effects of Proposed Irradiation Indicator Requirement

    Under the proposed regulations, irradiation indicators would be 
required to be attached to cartons of any fruits or vegetables that are 
moved interstate from Hawaii and that are irradiated in Hawaii or on 
the mainland United States. Prototypes of such indicators have already 
been developed, and are based on dosimeter technology. The indicators 
would be considerably less expensive to manufacture than dosimeters 
because no precise measurement is involved only--an indication that 
irradiation has occurred.
    APHIS anticipates that manufacturers of indicators could produce 
the indicator in large quantities at a low unit cost--$0.05 to $0.10 
per indicator. The cost of the indicators, once they are produced in 
volume, will be negligible compared to the value of the produce 
shipped.
    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 (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. 00-052-1. 
Please send a copy of your comments to: (1) Docket No. 00-052-1, 
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.
    This proposed rule would allow bell peppers, eggplant, mangoes, 
pineapple (other than smooth Cayenne), Italian squash, and tomatoes to 
be moved interstate from Hawaii if the fruits and vegetables undergo 
irradiation treatment at an approved facility in Hawaii or in non-
fruit-fly-supporting areas of the mainland United States. In order for 
the fruits and vegetables to move interstate to the mainland United 
States, we would have to issue certificates or limited permits, and we 
would have to mark and seal shipping containers. We would also require 
that persons treating fruits and vegetables with irradiation for 
interstate movement from Hawaii would need to attach irradiation 
indicators to each carton of irradiated fruits and vegetables. These 
information collection activities would help ensure that only those 
fruits and vegetables that have been handled in compliance with the 
regulations move interstate to the mainland 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

[[Page 35936]]

    (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 0.127 minutes per response.
    Respondents: Fruit producers, shippers, importers, irradiation 
facility personnel, and State plant regulatory officials.
    Estimated annual number of respondents: 756.
    Estimated annual number of responses per respondent: 7,659.
    Estimated annual number of responses: 5,790.
    Estimated total annual burden on respondents: 736 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.

    2. Section 318.13-4f would be amended as follows:
    a. By revising paragraph (a).
    b. By redesignating paragraphs (b)(7) and (b)(8) as paragraphs 
(b)(8) and (b)(9), respectively, and by adding a new paragraph (b)(7).


 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 following fruits and vegetables: Abiu, atemoya, bell 
pepper, carambola, eggplant, litchi, longan, mango, papaya, pineapple 
(other than smooth Cayenne), rambutan, sapodilla, Italian squash, and 
tomato.
    (b) * * *
    (7) Indicators. Each carton of fruits and vegetables must bear an 
indicator device, securely attached prior to irradiation, that changes 
color or provides another clear visual change when it is exposed to 
radiation in the dose range required by this section for the pests for 
which the articles are being treated.
* * * * *

    Done in Washington, DC, this 16th day of May, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-12810 Filed 5-21-02; 8:45 am]
BILLING CODE 3410-34-U