[Federal Register Volume 71, Number 201 (Wednesday, October 18, 2006)]
[Rules and Regulations]
[Pages 61373-61374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17335]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-022-7]
RIN 0579-AB81


Mexican Hass Avocado Import Program; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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

SUMMARY: In a final rule published in the Federal Register on November 
30, 2004, we amended the fruits and vegetables regulations to expand 
the number of States in which fresh Hass avocado fruit grown in 
approved orchards in approved municipalities in Michoacan, Mexico, may 
be distributed and to allow the distribution of the avocados during all 
months of the year. The final rule contained an error in the rule 
portion. This document corrects that error.

EFFECTIVE DATE: November 17, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River

[[Page 61374]]

Road, Unit 133, Riverdale, MD 20737-1236; (301) 734-8758.

SUPPLEMENTARY INFORMATION: In a proposed rule published in the Federal 
Register on May 24, 2004 (69 FR 29466-29477, Docket No. 03-022-3), we 
proposed to amend the regulations in 7 CFR 319.56-2ff to expand, from 
31 to 50, the number of States (plus the District of Columbia) in which 
fresh Hass avocado fruit grown in approved orchards in approved 
municipalities in Michoacan, Mexico, may be distributed. In a rule 
published in the Federal Register on November 30, 2004 (69 FR 69747-
69774, Docket No. 03-022-5), and effective on January 31, 2005, we 
adopted our proposed rule as a final rule, with changes made in 
response to public comments we received on the proposed rule. Those 
changes included the adoption of temporary restrictions on the 
distribution of avocados (contained in Sec.  319.56-2ff(c)(3)(vii) of 
the regulations) which provided that between January 31, 2005, and 
January 31, 2007, avocados may be imported into and distributed in all 
States except California, Florida, Hawaii, and that the boxes or crates 
in which avocados are shipped must be clearly marked with the statement 
``Not for importation or distribution in CA, FL, and HI.''
    Prior to the effective date of our November 2004 final rule, the 
regulations had required that the boxes or crates be marked ``Not for 
distribution in AL, AK, AZ, AR, CA, FL, GA, HI, LA, MS, NV, NM, NC, OK, 
OR, SC, TN, TX, WA, Puerto Rico, and all other U.S. Territories.'' When 
we amended the regulations to expand, from 31 to 50, the number of 
States (plus the District of Columbia) in which fresh Hass avocado 
fruit grown in approved orchards in approved municipalities in 
Michoacan, Mexico, may be distributed, we should not have removed that 
portion of the box marking requirement that pertained to Puerto Rico 
and U.S. Territories. The proposed and final rules only discussed 
importations into the 50 States and the District of Columbia, and the 
pest risk analysis that supported the proposed and final rules only 
evaluated the risks associated with the movement of the avocados into 
the 50 States and the District of Columbia.
    Therefore, in this document we are amending Sec.  319.56-2ff(a)(2), 
which describes the shipping restrictions that apply to the avocados, 
and Sec.  319.56-2ff(c)(3), which describes the box marking 
requirements, in order to correct the November 2004 final rule's 
removal of the distribution limitations that apply to Puerto Rico and 
U.S. Territories.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.


0
Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. In Sec.  319.56-2ff, paragraphs (a)(2) and (c)(3)(vii) are revised 
to read as follows:


Sec.  319.56-2ff  Administrative instructions governing movement of 
Hass avocados from Michoacan, Mexico.

* * * * *
    (a) * * *
    (2) Between January 31, 2005, and January 31, 2007, the avocados 
may be imported into and distributed in all States except California, 
Florida, Hawaii, Puerto Rico, and U.S. Territories. After January 31, 
2007, the avocados may be imported into and distributed in all States, 
but not Puerto Rico or any U.S. Territory.
* * * * *
    (c) * * *
    (3) * * *
    (vii) The avocados must be packed in clean, new boxes, or clean 
plastic reusable crates. The boxes or crates must be clearly marked 
with the identity of the grower, packinghouse, and exporter. Between 
January 31, 2005, and January 31, 2007, the boxes or crates must be 
clearly marked with the statement ``Not for importation or distribution 
in CA, FL, HI, Puerto Rico, or U.S. Territories.'' After January 31, 
2007, the boxes or crates must be clearly marked with the statement 
``Not for importation or distribution in Puerto Rico or U.S. 
Territories.''
* * * * *

    Done in Washington, DC, this 12th day of October 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-17335 Filed 10-17-06; 8:45 am]
BILLING CODE 3410-34-P