[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Rules and Regulations]
[Pages 37931-37936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16182]



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  Federal Register / Vol. 68, No. 123 / Thursday, June 26, 2003 / Rules 
and Regulations  

[[Page 37931]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 318

[Docket No. 03-062-1]


Irradiation of Sweetpotatoes From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the regulations to provide for the use of 
irradiation as a treatment for sweetpotatoes to be moved interstate 
from Hawaii. The sweetpotatoes will also have to meet certain 
additional requirements, including inspection and packaging 
requirements. This action provides for the use of irradiation as an 
alternative to methyl bromide for the treatment of sweetpotatoes moving 
interstate from Hawaii.

DATES: This interim rule is effective June 26, 2003. We will consider 
all comments that we receive on or before August 25, 2003.

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. 03-062-1, 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. 03-062-1. 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. 
03-062-1'' 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: Dr. Inder P. Gadh, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road, Unit 
140, Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 318 prohibit or restrict the 
interstate movement of fruits, vegetables, and certain other articles 
from Hawaii, Puerto Rico, the U.S. Virgin Islands, and Guam to prevent 
the introduction and dissemination of plant pests into the continental 
United States.
    The regulations in part 318, ``Subpart--Sweetpotatoes'' (Sec. Sec.  
318.30 and 318.30a, referred to below as the regulations) quarantine 
Hawaii, Puerto Rico, and the U.S. Virgin Islands because of the 
sweetpotato scarabee (Euscepes postfasciatus Fairm. [Coleoptera: 
Cucurlionidae], also known as the West Indian sweetpotato weevil) and 
the sweetpotato stem borer (Omphisa anastomosalis Guen. [Lepidoptera: 
Crambidae], also known as the sweetpotato vine borer) and restricts the 
interstate movement of sweetpotatoes (Ipomoea batatas Poir.) from those 
places.
    The regulations have provided that sweetpotatoes may be moved 
interstate from Hawaii only if they have been subjected to fumigation 
with methyl bromide or they are being moved by the United States 
Department of Agriculture (USDA) for scientific or experimental 
purposes. In this interim rule, we are adding treatment with 
irradiation as an alternative to fumigation with methyl bromide. 
Specifically, sweetpotatoes from Hawaii will be eligible for interstate 
movement if they are irradiated with a minimum dose of 400 Gy (40 krad) 
at an approved facility. We have determined that this dose will 
neutralize the pests of concern.
    A pest risk assessment completed by the Animal and Plant Health 
Inspection Service (APHIS) in 2002 and updated in May 2003 identified 
five pests of concern that could be spread from Hawaii to the rest of 
the United States by the interstate movement of sweetpotatoes: The two 
pests already named in the regulations, the sweetpotato scarabee and 
the sweetpotato stem borer; the gray pineapple mealybug, Dysmicoccus 
neobrevipes (Homoptera: Pseudococcidae); the ginger weevil, 
Elytrotreinus subtruncatus (Coleoptera: Cucurlionidae); and the Kona 
coffee root-knot nematode, Meloidogyne konaensis (Tylenchida: 
Heteroderidae). Copies of this risk assessment may be requested from 
the person listed under FOR FURTHER INFORMATION CONTACT.
    Three of these pests, the ginger weevil, the sweetpotato scarabee, 
and the sweetpotato stem borer, are internal pests, meaning that visual 
inspection would not be an effective means to intercept them; thus, 
they must be neutralized by treatment. We believe that irradiation at 
400 Gy (40 krad) is an effective alternative to the methyl bromide 
treatment currently prescribed by the regulations to control these 
pests. No specific research has been completed on the irradiation dose 
necessary to neutralize the ginger weevil, the sweetpotato scarabee, or 
the sweetpotato stem borer. However, the International Plant Protection 
Convention (IPPC) Guidelines for the Use of Irradiation as a 
Phytosanitary Measure (ISPM Publication No. 18) recommends minimum 
doses between 50 and 400 Gy (5 and 40 krad) for all plant pests except 
stored product moths and nematodes. For stored product beetles of the 
family Coleoptera, such as the sweetpotato scarabee and the ginger 
weevil, the recommended minimum dose range to sterilize actively 
reproducing adults is 50 to 400 Gy (5 to 40 krad). For borers of the 
family Lepidoptera, such as the sweetpotato stem borer, the recommended 
minimum dose range to prevent adult development from late larva is 100 
to 280 Gy (10 to 28 krad).

[[Page 37932]]

These recommendations were developed based on research by G.J. Hallman 
\1\ and the research summarized in the International Atomic Energy 
Agency's International Database on Insect Disinfestation and 
Sterilization.\2\
---------------------------------------------------------------------------

    \1\ See ``Irradiation as a quarantine treatment,'' in Food 
Irradiation Principles and Applications, Molins, R.A. (ed.). New 
York: J. Wiley & Sons, 2001, p. 113-130, and ``Expanding radiation 
quarantine treatments beyond fruit flies,'' Agricultural and Forest 
Entomology 2:85-95, 2000.
    \2\ Available at http://www-ididas.iaea.org.
---------------------------------------------------------------------------

    In addition, preliminary research conducted by the USDA's 
Agricultural Research Service on the sweetpotato scarabee and the 
sweetpotato stem borer indicates that irradiating sweetpotatoes with a 
dose of 400 Gy (40 krad) kills all of these pests if they are present 
in the sweetpotatoes. According to this research, a dose of 200 Gy (20 
krad) is sufficient to stop reproduction in these pests. Given this 
information and the fact that 400 Gy is at the top of the range of 
minimum doses the IPPC recommends for neutralizing pests in the family 
that contains the ginger weevil, we believe that the minimum dose of 
400 Gy (40 krad) that we are requiring is a conservative minimum 
requirement that will neutralize all three of these pests.
    While the quality of some other commodities might be affected by 
irradiation at 400 Gy (40 krad), the sweetpotato grown in Hawaii has 
been shown to tolerate this dose. The minimum dose of 400 Gy (40 krad) 
required by this rule falls well below the maximum dose of 1,000 Gy 
(100 krad) specified by the Food and Drug Administration regulations 
that address the safety of irradiated foods.\3\ There are no commodity 
or food safety concerns associated with requiring that Hawaii-grown 
sweetpotatoes be irradiated with a dose of 400 Gy (40 krad).
---------------------------------------------------------------------------

    \3\ See 21 CFR part 179.
---------------------------------------------------------------------------

    The other two pests identified in the 2002 risk assessment, the 
gray pineapple mealybug and the Kona coffee root-knot nematode, are 
external pests. We believe they can be effectively detected by visual 
inspection, and we are requiring such visual inspection as a condition 
of the interstate movement of sweetpotato from Hawaii. This is 
consistent with the recommendations of the pest risk assessment 
mentioned above.
    The regulations in ``Subpart--Hawaiian Fruits and Vegetables'' in 
part 318 (Sec. Sec.  318.13--318.13-17) already provide for the use of 
irradiation to treat a variety of other commodities from Hawaii. The 
irradiation provisions in Sec.  318.13-4f allow abiu, atemoya, bell 
peppers, carambola, eggplant, litchi, longan, mangoes, papaya, 
pineapple (other than smooth Cayenne), rambutan, sapodilla, Italian 
squash, and tomatoes to be moved interstate from Hawaii if, among other 
things, the fruits and vegetables undergo irradiation treatment in 
accordance with that section. The section's provisions for irradiation 
treatment include minimum dosage requirements, requirements for 
approved facilities, treatment monitoring requirements, packaging 
standards, and movement restrictions. (The irradiation facility in 
Hawaii that presently treats other fruit for which irradiation is an 
approved treatment as a condition of interstate movement from Hawaii 
satisfies all these requirements and has already been approved by 
APHIS.)
    Because these regulations in Sec.  318.13-4f are already in place, 
and because we have determined that sweetpotatoes should be treated, 
handled, and certified for movement under the same conditions described 
in that section, we are adding sweetpotatoes to the list of fruits and 
vegetables that may be treated with irradiation as a condition of 
interstate movement from Hawaii in Sec.  318.13-4f(a). This will 
eliminate the need to establish what would be essentially the same 
provisions in Sec.  318.30. We will, however, amend Sec.  318.30 to 
provide that irradiation in accordance with Sec.  318.13-4f may be used 
to qualify sweetpotatoes from Hawaii for interstate movement. We 
intend, in a future rulemaking, to revise the regulations in the 
sweetpotato subpart and perhaps disperse the provisions of the subpart 
into the subparts governing movement of fruits and vegetables from 
Hawaii and from Puerto Rico or the U.S. Virgin Islands, respectively.
    The regulations in Sec.  318.13-4f do not generally provide that 
fruits and vegetables treated in accordance with that section must also 
be inspected as a condition of interstate movement. However, the 
regulations in Sec.  318.13-4f(b)(7) provide that litchi must be 
inspected and found free of the litchi fruit moth and other plant pests 
prior to treatment in Hawaii or movement to the mainland for treatment. 
Because, as noted above, sweetpotatoes moved interstate from Hawaii 
must be visually inspected to ensure that they are free of the gray 
pineapple mealybug and the Kona coffee root-knot nematode, we are 
adding an inspection provision for sweetpotatoes similar to that for 
litchi. Specifically, we are amending Sec.  318.13-4f(b)(7)(i) to 
indicate that, to be eligible for a certificate for interstate 
movement, sweetpotatoes to be treated in Hawaii in accordance with 
Sec.  318.13-4f must be found by an inspector to be free of the gray 
pineapple mealybug and the Kona coffee root-knot nematode by an 
inspector before undergoing irradiation treatment in Hawaii. We are 
also amending Sec.  318.13-4f(b)(7)(ii) to indicate that, to be 
eligible for a limited permit for the interstate movement of untreated 
sweetpotatoes from Hawaii for treatment on the mainland United States, 
sweetpotatoes from Hawaii must be inspected in Hawaii and found to be 
free of the gray pineapple mealybug and the Kona coffee root-knot 
nematode by an inspector.
    The addition of sweetpotatoes to the regulations in Sec.  318.13-4f 
that govern irradiation of fruits and vegetables moved interstate from 
Hawaii also necessitates three minor changes to those regulations:
    [sbull] The title of the table in Sec.  318.13-4f has read 
``Irradiation for Fruit Flies and Seed Weevils in Hawaiian Fruits and 
Vegetables.'' We are revising this title to read, more generically, 
``Irradiation for Plant Pests in Hawaiian Fruits and Vegetables.''
    [sbull] The heading of the left-hand column in that table has read 
``Fruit.'' We are revising this heading to read, more generically, 
``Commodity.''
    [sbull] Paragraph Sec.  318.13-4f has stated that treatment in 
accordance with Sec.  318.13-4f is approved to assure quarantine 
security against the Trifly complex. We are amending this paragraph to 
indicate that the treatment is approved to treat other plant pests as 
well.
    This interim rule gives Hawaiian producers and exporters of 
sweetpotatoes who wish to move their products interstate an additional 
treatment option while continuing to protect against the introduction 
of plant pests associated with Hawaiian sweetpotato into other States.

Immediate Action

    This rule provides for the use of irradiation to treat 
sweetpotatoes moving interstate from Hawaii. Immediate action is 
warranted to alleviate the negative economic effects that Hawaiian 
growers and shippers face as a result of the fact that our regulations 
previously only allowed fumigation as an acceptable treatment for 
Hawaiian sweetpotatoes moved interstate. Fumigation facilities are 
unavailable on some islands in Hawaii on which sweetpotatoes are grown, 
and producers of sweetpotatoes on those islands must pay additional 
transportation costs for treatment before moving their sweetpotatoes 
interstate. Because a more accessible irradiation facility that 
provides phytosanitary

[[Page 37933]]

treatment of equal effectiveness is available to these producers, the 
requirement that sweetpotatoes must be fumigated to be moved interstate 
imposed an unnecessary economic hardship on these producers. Under 
these circumstances, the Administrator has determined that prior notice 
and opportunity for public comment are contrary to the public interest 
and that there is good cause under 5 U.S.C. 553 for making this action 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    We are amending the regulations to allow sweetpotatoes to be moved 
interstate from Hawaii if they undergo irradiation at an approved 
facility. The sweetpotatoes will also have to meet certain additional 
requirements, including inspection and packaging requirements. This 
action provides for the use of irradiation as an alternative to methyl 
bromide for the treatment of sweetpotatoes moved interstate from 
Hawaii.

Economic Importance of Sweetpotatoes in Hawaii and the Mainland United 
States

    Commercial sweetpotato production in Hawaii occurs on the islands 
of Hawaii, Kauai, Maui, and Oahu. There were 53 sweetpotato farms in 
Hawaii in 1997.\4\ The production of sweetpotatoes in Hawaii amounted 
to 1.8 million pounds, and the value of these sweetpotatoes was 
$900,000 in 2001 (table 1).
---------------------------------------------------------------------------

    \4\ Census of Agriculture, 1997, National Agricultural 
Statistics Service (NASS).
---------------------------------------------------------------------------

    In the continental United States, sweetpotato is grown commercially 
in Alabama, California, Georgia, Louisiana, Mississippi, New Jersey, 
North Carolina, South Carolina, Texas, and Virginia.\5\ North Carolina, 
Louisiana, Mississippi, and California account for the major proportion 
of production area by State (table 2). In total, the United States 
produced 1.36 billion pounds of sweetpotatoes from 93,500 acres in 2003 
(table 3).
---------------------------------------------------------------------------

    \5\ NASS, 1999.

    Table 1.--Production Statistics for Hawaiian Sweetpotatoes (2001)
------------------------------------------------------------------------
                             Item                                Amount
------------------------------------------------------------------------
Harvested acres..............................................        220
Yield per acre (1,000 pounds)................................        8.2
Production (1,000 pounds)....................................      1,800
Farm price (cents per pound).................................         50
Value of sales (1,000 dollars)...............................        900
------------------------------------------------------------------------
Source: Hawaii Agricultural Statistics Service.


  Table 2.--Acres of Sweetpotatoes planted in the United States (2003)
------------------------------------------------------------------------
                                                                 Acres
                            State                               planted
------------------------------------------------------------------------
North Carolina...............................................     42,000
Louisiana....................................................     18,000
Mississippi..................................................     14,000
California...................................................     10,100
Texas........................................................      3,400
Alabama......................................................      2,900
Others\1\....................................................      3,100
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
    Total....................................................     93,500
------------------------------------------------------------------------
\1\ Including Hawaii.
Source: Economic Research Service, USDA.

    The crop is grown on 1,770 farms, which represents a decrease of 44 
percent since 1987.\6\ Production of sweetpotatoes peaked in 1932 when 
48 million cwt \7\ was generated, followed by a long-term downward 
trend in production. However, sweetpotato production trended higher 
again after 1988, and increased by 15 percent between 1989-1991 and 
1999-2001. Farm cash receipts averaged $214 million over the period 
1999-2001. Few imports of sweetpotatoes enter the continental United 
States, with 97 percent of the import volume moving directly from the 
Dominican Republic into Puerto Rico. The Hawaiian sweetpotato 
production of 1.8 million pounds thus comprises a fairly minor 
proportion of the total production of 1,355 million pounds in the 
United States.
---------------------------------------------------------------------------

    \6\ Lucier, G. ``Sweet potatoes--getting to the root of 
demand.'' Economic Research Service, USDA, 2002.
    \7\ ``cwt'' is an abbreviation for ``hundredweight,'' the 
standard unit of production for sweetpotatoes. One hundredweight 
equals 100 pounds.

Table 3.--Production and Consumption Statistics for Sweetpotatoes in the
                         United States (2003)\1\
------------------------------------------------------------------------
                             Item                                Amount
------------------------------------------------------------------------
Acres planted................................................     93,500
Three year average yield (cwt/acre)..........................        150
Production (million pounds)..................................      1,355
Imports (million pounds).....................................       17.0
Exports (million pounds).....................................       53.0
Total utilization (million pounds) \2\.......................    1,148.3
Per capita use (pounds)......................................        3.9
Three year average per capita use (pounds)...................        4.0
Current dollars ($/cwt)......................................      15.75
Constant 1996 dollars ($/cwt)................................      13.91
------------------------------------------------------------------------
\1\ Estimates are for the total United States, and therefore include
  Hawaii. Forecasted estimates are shown.
\2\ Total utilization includes 103 million pounds used for seed and 67.8
  million pounds accruing to feed use, shrink, and loss.
Source: Economic Research Service, United States Department of
  Agriculture. Acres were obtained from Lucier.\8\

    More than three-quarters of the annual U.S. sweetpotato crop is 
sold as human food, and around two-thirds of the total sales are for 
the fresh market. About a quarter of the sweetpotatoes sold for food 
are processed into frozen products, and 2 to 3 percent are chipped or 
dehydrated. U.S. sweetpotato utilization averaged 1.1 billion pounds 
during 1999-2001, accounting for almost 3.9 pounds per capita.
---------------------------------------------------------------------------

    \8\ Lucier, G., ibid.
---------------------------------------------------------------------------

Treatment Costs

Costs of Methyl Bromide Fumigation

    Methyl bromide fumigation is currently conducted on the Island of 
Oahu. The product has to be moved by barge from the port of Hilo on the 
Island of Hawaii to the port of Honolulu on Oahu. The charge for such 
transportation is between 2 to 3 cents per pound. A pallet of 
sweetpotatoes weighs 1,500 pounds (50 30-pound boxes), so the charge is 
approximately $35 per pallet for a non-chilled shipment. Trucking and 
handling charges to move the sweetpotatoes from the pier on Oahu to the 
fumigation site and, after fumigation, back to the pier or to the 
airport are estimated at $34 per pallet.
    The per-unit cost of methyl bromide fumigation is influenced by the 
number of pallets treated. Costs are $610 for 1 to 6 pallets, $1,026 
for 7 to 9, and $1,250 for 10 to 12. The minimum charge is $610. Per-
unit cost thus decreases as more pallets are treated within these 
ranges. For example, the cost decreases from 40.6 cents per pound to 
6.7 cents

[[Page 37934]]

per pound if six pallets instead of only one pallet are treated at $610 
(table 4).

 Table 4.--Costs of Methyl Bromide Fumigation of Hawaiian Sweetpotatoes
------------------------------------------------------------------------
                                                                  Cost
                                                      Weight     (cents
                 Number of pallets                   (pounds)     per
                                                                 pound)
------------------------------------------------------------------------
One...............................................      1,500       40.6
Two...............................................      3,000       20.3
Three.............................................      4,500       13.5
Four..............................................      6,000       10.1
Five..............................................      7,500        8.1
Six...............................................      9,000        6.7
Nine..............................................     13,500        7.6
Twelve............................................     18,000        6.9
------------------------------------------------------------------------
Source: Hawaii Department of Agriculture.

    APHIS monitoring of the treatment costs $368 per treatment. This is 
based on a minimum of 2 hours required to set up for the fumigation, a 
minimum of 2 hours for necessary after-treatment labor such as 
certification, and 2 hours minimum travel time each way to monitor the 
fumigation. The total 8 hours at $46 per hour amounts to $368. Due to 
the time delays involved in inter-island movements of sweetpotatoes, 
all fumigations are conducted after 4 p.m. or on weekends, which means 
that APHIS treatment monitors are paid ``time-and-a-half'' wages. If 
the sweetpotatoes being treated belong to more than one shipper, the 
APHIS costs are evenly divided between the shippers, regardless of the 
relative quantities treated for each shipper. For example, if two 
shippers are involved, each would pay $184, even if one shipper's 
sweetpotatoes comprised more than half of the total treated. APHIS 
monitoring costs for fumigation do not vary with the number of 
sweetpotatoes treated.
    Various time delays are involved in the inter-island movement of 
the sweetpotatoes for fumigation, meaning that this transportation is 
sometimes problematic. Shipments from the main island, Hawaii, 
generally leave Hilo on Monday, with the barge arriving at Oahu on 
Wednesday. These shipments are treated on Wednesday or Thursday and 
arrive by Friday on the mainland U.S. west coast if transported by air. 
The barge that leaves Hilo on Thursday arrives at Oahu on Saturday. 
Weekend fumigation is conducted at significantly higher costs and 
Sunday pickup at the pier is not allowed. Thus, shipping sweetpotatoes 
on the Thursday barge is generally avoided.\9\
---------------------------------------------------------------------------

    \9\ Source: Hawaii Department of Agriculture.
---------------------------------------------------------------------------

    There are also concerns regarding the future cost and availability 
of methyl bromide given the continuing reductions in the use of methyl 
bromide mandated by the Montreal Protocol, which governs the use of 
substances that deplete stratospheric ozone; in 2005, all uses of 
methyl bromide in developed countries other than quarantine and pre-
shipment applications and critical or emergency uses will be 
prohibited. The price of methyl bromide has increased significantly as 
worldwide production of methyl bromide has decreased from its 1991 
baseline. According to the Environmental Protection Agency, U.S. west 
coast end-user prices of methyl bromide gas have increased from $1.25 
per pound to $4.50 per pound over the period 1995 to 2001. This 
represents an increase of 366 percent. Further price increases are 
deemed likely as the 2005 phase-out date approaches.

Costs of Irradiation

    The cost of irradiation is estimated at 15 cents per pound, 
regardless of the amount of sweetpotatoes treated.\10\ Lot sizes will 
be as requested by shippers. Irradiation treatment generally occurs 
between 8 a.m. and 4 p.m. At these times, an APHIS inspector would 
already be on-site at the irradiation facility to monitor the treatment 
under the terms of the compliance agreement irradiation facilities must 
operate under in order to treat fruits and vegetables from Hawaii for 
interstate movement. Therefore, there would generally be no additional 
APHIS charges associated with irradiation treatment. Shippers could 
choose to have their sweetpotatoes treated outside of normal hours and 
thus incur APHIS charges for overtime labor, but such scheduling would 
be optional; as noted above, all fumigation treatments currently must 
be conducted during overtime hours.
---------------------------------------------------------------------------

    \10\ Source: Hawaii Department of Agriculture.
---------------------------------------------------------------------------

    The irradiation will occur mostly at an existing facility in 
Hawaii, prior to the shipment of the sweetpotatoes to the mainland 
United States. The X-ray irradiation facility in Hawaii commenced its 
commercial operation on August 1, 2000. At first, only papayas were 
treated. Five hundred to 1,000 boxes of papayas are treated per day, 4 
times a week. The facility is currently also used to treat mangoes, 
bell peppers, eggplants, pineapples (other than smooth Cayenne), 
Italian squash, and tomatoes. Most of the fruits and vegetables 
produced in Hawaii for which irradiation is an approved treatment are 
irradiated in Hawaii before they are moved interstate, but some fruits 
and vegetables are occasionally taken to one of three irradiation 
facilities in the continental United States. These include facilities 
in Libertyville and Morton Grove in Illinois, and a facility in 
Whippany, New Jersey. Various other tropical fruits, such as papaya, 
litchi, rambutan, carambola, and atemoya, are at present shipped to 
Illinois for cobalt irradiation treatment.
    The quantity of sweetpotatoes to be shipped annually from Hawaii is 
projected to fill approximately 21 forty-foot long shipping containers. 
Allowing irradiation as an alternative to fumigation with methyl 
bromide as a treatment for sweetpotatoes moving interstate from Hawaii 
may lead to increased production of sweetpotatoes in Hawaii if the 
lower cost of treatment makes sweetpotato a more profitable crop to 
produce and ship. The magnitude of the impact of this alternative 
treatment on production is presently unknown. Due to production 
limitations, it is estimated that the total volume of sweetpotatoes 
moved interstate from Hawaii could not exceed 100 containers per annum.

Benefits of Irradiation Treatment

    The approval of irradiation as an alternative treatment for 
sweetpotatoes moved interstate from Hawaii will benefit various 
stakeholders. At 15 cents per pound, irradiation can be conducted at a 
lower cost than fumigation of one to two pallets (20.3 to 40.6 cents 
per pound) (table 4). Though larger quantities of sweetpotatoes, which 
fill more pallets, can be fumigated at lower per-unit costs (6.7 to 
13.5 cents per pound), irradiation eliminates the transport costs 
associated with fumigation. These transport costs include moving the 
crop from the island of Hawaii to Oahu (2 to 3 cents per pound) and 
trucking and handling costs of moving the crop between the harbor or 
airport and the fumigation site on Oahu ($34 per pallet, about 2.3 
cents per pound). Irradiation also eliminates the cost of $368 per 
treatment attributable to APHIS monitoring of fumigation, which is 
currently conducted outside standard business hours.
    Growers and shippers on the main island of Hawaii will benefit from 
lower transportation costs, since shipment of the crop from Hawaii to 
Oahu for fumigation will no longer be necessary. The availability of 
treatment at a more convenient location will also remove various 
logistical complications. This will reduce the total expense and time 
delay in moving the product and will enable sweetpotatoes to be treated 
and shipped at a lower cost than is currently possible with fumigation. 
The importance of alternative treatments is

[[Page 37935]]

especially highlighted in view of the mandated global reductions in the 
use of methyl bromide under the Montreal Protocol and the expected rise 
in the price of methyl bromide due to its scarcer supply. Irradiation 
also tends to affect quality less negatively than fumigation and may 
extend the shelf life of the tubers.
    The irradiation facility in Hawaii will benefit from having more 
crops available to treat. The treatment available at this facility has 
enabled many producers in Hawaii to move their products to the 
mainland, thus providing them with access to markets that were not 
previously available. For several years, the State of Hawaii has 
encouraged farmers to diversify agricultural production, given the 
significant decline in the production of sugarcane as a major crop. The 
approval of irradiation as a treatment for sweetpotatoes moved 
interstate from Hawaii will help to provide steady throughput for this 
facility. The facility currently treats seasonal crops whose volume is 
more variable than that of sweetpotatoes and is thus sometimes 
underutilized. A steady source of revenues from treatment, such as 
revenues from treating sweetpotatoes to be moved interstate, would help 
assure this facility's continued operation and availability for all the 
producers in Hawaii who can use it.
    U.S. mainland consumers will benefit by an increased supply of 
sweetpotatoes. Hawaiian sweetpotato production amounts to 1.8 million 
pounds, which comprises a small proportion of the total production of 
1,355 million pounds in the United States (tables 1, 2 and 3). Thus, 
even if the irradiation treatment leads to increased production of 
Hawaiian sweetpotatoes, sweetpotato shipments from Hawaii are unlikely 
to affect mainland producers negatively. However, to the extent that 
this interim rule makes moving sweetpotatoes from Hawaii interstate 
more convenient and less costly, the rule provides the Hawaiian 
sweetpotato industry with opportunities to expand its mainland markets.

Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic impact of their regulations on small entities. 
The Small Business Administration (SBA) has established size criteria 
in the North American Industry Classification System (NAICS) to 
determine which economic entities meet the definition of a small firm.
    The irradiation facility in Hawaii is expected to be the primary 
facility to treat Hawaiian sweetpotatoes before they are moved 
interstate. If the facility in Hawaii does not have enough capacity to 
treat all the sweetpotatoes that producers wish to move interstate from 
Hawaii, some of the crop may be sent to one of the other three 
facilities on the mainland United States. The facility in Hawaii can be 
classified under NAICS category 115114, ``Postharvest Crop Activities 
(except Cotton Ginning).'' According to the SBA's criteria, this 
facility is classified as a small entity, since its annual sales are 
less than $6 million. A single firm owns the two facilities in Illinois 
and the facility in New Jersey. Its primary service is to provide 
irradiation treatment for the sanitation of medical devices on 
contract. This firm is classified under NAICS category 325612, ``Polish 
and Other Sanitation Good Manufacturing.'' However, since it is part of 
a larger corporation with 500 or more employees, that firm is not 
considered a small entity under the SBA's criteria.
    Sweet potato farming is classified under NAICS 111219, ``Other 
Vegetables (except Potato) and Melon Farming.'' According to the SBA's 
criteria, an entity involved in crop production is considered small if 
it has average annual receipts of less than $750,000. Since the 53 
sweetpotato farms in Hawaii accounted for sales of $900,000 in 2001, we 
believe it is safe to assume that all of these farms would be 
classified as small entities. We expect that the economic effects of 
this rule will be positive for those producers, to the extent that this 
rule makes moving sweetpotatoes from Hawaii interstate more convenient 
and less costly. As noted above, due to the fact that Hawaiian 
sweetpotato production makes up a very small proportion of total U.S. 
sweetpotato production, this interim rule is not expected to 
significantly affect sweetpotato farmers in the mainland United States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 318

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

0
Accordingly, we are amending 7 CFR part 318 as follows:

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

0
1. The authority citation for part 318 is revised to read as follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.


0
2. Section 318.13-4f is amended as follows:
0
a. In paragraph (a), in the table, by revising the title of the table 
and the heading of the left-hand column and by adding, in alphabetical 
order, an entry for ``Sweetpotato'' to read as set forth below.
0
b. In paragraph (b)(7)(i), by revising the last sentence to read as set 
forth below.
0
c. In paragraph (b)(7)(ii), by revising the last sentence to read as 
set forth below.
0
d. In paragraph (e), by adding the words ``and other plant pests'' 
after the words ``Trifly complex'.


Sec.  318.13-4f  Administrative instructions prescribing methods for 
irradiation treatment of certain fruits and vegetables from Hawaii.

    (a) * * *

      Irradiation for Plant Pests in Hawaiian Fruits and Vegetables
------------------------------------------------------------------------
                                                                  Dose
                          Commodity                              (Gray)
------------------------------------------------------------------------
 
                                * * * * *
Sweetpotato..................................................        400
                                * * * * *
------------------------------------------------------------------------

    (b) * * *
    (7) (i) * * * To be certified for interstate movement under this 
section,

[[Page 37936]]

litchi from Hawaii must be inspected in Hawaii and found free of the 
litchi fruit moth (Cryptophlebia spp.) and other plant pests by an 
inspector before undergoing irradiation treatment in Hawaii for fruit 
flies, and sweetpotato from Hawaii must be inspected in Hawaii and 
found free of the gray pineapple mealybug (Dysmicoccus neobrevipes) and 
the Kona coffee-root knot nematode (Meloidogyne konaensis) by an 
inspector before undergoing irradiation treatment in Hawaii.
    (ii) * * * To be eligible for a limited permit under this section, 
untreated litchi from Hawaii must be inspected in Hawaii and found free 
of the litchi fruit moth (Cryptophlebia spp.) and other plant pests by 
an inspector, and untreated sweetpotato from Hawaii must be inspected 
in Hawaii and found to be free of the gray pineapple mealybug 
(Dysmicoccus neobrevipes) and the Kona coffee-root knot nematode 
(Meloidogyne konaensis) by an inspector.
* * * * *


Sec.  318.30  [Amended]

0
3. In Sec.  318.30, paragraph (c) is amended by adding the words ``the 
irradiation of such sweetpotatoes in accordance with Sec.  318.13-4f or 
upon'' immediately before the words ``the fumigation of such 
sweetpotatoes in Hawaii'.

    Done in Washington, DC, this 23rd day of June 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-16182 Filed 6-25-03; 8:45 am]
BILLING CODE 3410-34-P