[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Rules and Regulations]
[Pages 43804-43808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18707]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 319

[Docket No. APHIS-2010-0127]
RIN 0579-AD34


Movement of Hass Avocados From Areas Where Mediterranean Fruit 
Fly or South American Fruit Fly Exist

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the regulations to relieve certain 
restrictions regarding the movement of fresh Hass variety avocados. 
Specifically, we are amending our domestic regulations to provide for 
the interstate movement of Hass avocados from Mediterranean fruit fly 
quarantined areas in the United States with a certificate if the fruit 
is safeguarded after harvest in accordance with specific measures. We 
are also amending our foreign quarantine regulations to remove trapping 
requirements for Mediterranean fruit fly for Hass avocados imported 
from the State of Michoac[aacute]n, Mexico, requirements for treatment 
or origin from an area free of Mediterranean fruit fly for Hass 
avocados imported from Peru, and requirements for trapping or origin 
from an area free of South American fruit fly for Hass avocados 
imported from Peru. These actions are warranted in light of research 
demonstrating the limited host status of Hass avocados to Mediterranean 
fruit fly and South American fruit fly. By amending both our domestic 
and foreign quarantine regulations, we are making them consistent with 
each other and relieving restrictions for Mexican and Peruvian Hass 
avocado producers. In addition, this action provides a means for Hass 
avocados to be moved interstate if the avocados originate from a 
Mediterranean fruit fly quarantined area in the United States.

DATES: Effective Date: July 22, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Import 
Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, MD 20737-1231; (301) 734-0627.

SUPPLEMENTARY INFORMATION: 

Background

    The domestic fruit fly regulations, contained in 7 CFR 301.32 
through 301.32-10 (referred to below as the domestic regulations), were 
established to prevent the spread of certain fruit fly species, 
including Ceratitis capitata (Mediterranean fruit fly), into 
noninfested areas of the United States. The regulations designate soil 
and many fruits, nuts, vegetables, and berries as regulated articles 
and impose restrictions on the interstate movement of those regulated 
articles from regulated areas.
    Avocado, Persea americana (including the variety Hass), is listed 
as a regulated article for Mediterranean fruit fly, melon fruit fly 
(Bactrocera cucurbitae), Mexican fruit fly (Anastrepha ludens), 
Oriental fruit fly (Bactrocera dorsalis), peach fruit fly (Anastrepha 
zonata), and sapote fruit fly (Anastrepha serpentina) in the 
regulations. Because avocados are listed as regulated articles, they 
may not be moved interstate from an area quarantined for one of those 
fruit flies unless the movement is authorized by a certificate or 
limited permit. In general, avocados may be eligible for a certificate 
if a bait spray is applied to the production site beginning prior to 
harvest and continuing through the end of harvest or if a post-harvest 
irradiation treatment is applied to the fruit. To be eligible for a 
limited permit, a regulated article must be moved to a specific 
destination for specialized handling, utilization, or processing or for 
treatment and meet all other applicable provisions of the regulations. 
For Hass avocados moving interstate from any Mexican fruit fly or 
sapote fruit fly quarantined area, the avocados may be moved interstate 
under certificate if the fruit is safeguarded after harvest in 
accordance with specific measures set out in Sec.  301.32-4(d). We have 
determined that Hass avocados are a host for Mexican fruit fly and 
sapote fruit fly only after harvest; these measures are designed to 
prevent Hass avocados harvested in a quarantined area from being 
infested with these fruit flies after harvest. Avocados handled in 
accordance with these measures are thus allowed to move from the 
quarantined area without further restriction under the certificate.
    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-50, referred to below as the import regulations) 
prohibit or restrict the importation of fruits and vegetables into the 
United States from certain parts of the world to prevent the 
introduction and dissemination of plant pests that are new to or not 
widely distributed within the United States.
    The requirements for importing Hass variety avocados into the 
United States from Michoac[aacute]n, Mexico, are described in Sec.  
319.56-30. Those requirements include pest surveys and pest risk-
reducing practices, treatment, packinghouse procedures, inspection, and 
shipping procedures. Although Mediterranean fruit fly is not known to 
be present in Michoac[aacute]n, Mexico, the regulations require that 
trapping be conducted for Mediterranean fruit fly and that any fruit 
fly finds are reported to the Animal and Plant Health Inspection 
Service (APHIS).
    The regulations in Sec.  319.56-50 allow the importation into the 
continental United States of Hass avocados from Peru provided, among 
other things, that the avocados originate from an area free of 
Mediterranean fruit fly or that the avocados have been treated for 
Mediterranean fruit fly in accordance with our phytosanitary treatment 
regulations in 7 CFR part 305. In addition, the regulations in Sec.  
319.56-50 require that the avocados must either originate from an area 
within Peru that is free of South American fruit fly or an area with 
low pest prevalence for South American fruit fly and where trapping for 
South American fruit fly is conducted.
    On April 4, 2011, we published in the Federal Register (76 FR 
18419-18421, Docket No. APHIS-2010-0127) a proposal \1\ to amend our 
domestic quarantine regulations to provide for the interstate movement 
of Hass avocados from Mediterranean fruit fly quarantined areas in the 
United States with a certificate if the fruit is safeguarded after 
harvest in accordance with specific measures. We also proposed to amend 
our foreign quarantine regulations to remove trapping requirements for 
Mediterranean fruit fly for Hass avocados imported from 
Michoac[aacute]n, Mexico, the treatment requirements and origin 
restrictions for Mediterranean fruit fly for imported Hass avocados 
from Peru, and the trapping requirements and origin restrictions for 
South American fruit fly for imported Hass avocados from Peru. These 
proposed actions were intended to make our domestic and foreign 
requirements for movement of Hass avocados consistent with each other, 
relieve restrictions for Mexican and Peruvian

[[Page 43805]]

Hass avocado producers, and provide an alternative means for Hass 
avocados to be moved interstate if the avocados originate from a 
Mediterranean fruit fly quarantined area in the United States.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, the commodity import evaluation 
document, and the comments we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0127.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 30 days ending 
May 4, 2011. We reopened and extended the deadline for comments until 
May 18, 2011, in a document published in the Federal Register on May 9, 
2011 (76 FR 26654-26655). We received 30 comments by that date. They 
were from private citizens, customs brokers, trade associations, a 
State department of agriculture, growers, industry groups, chambers of 
commerce, ports, and foreign governments. The majority of commenters 
supported the proposed rule. Several commenters submitted comments that 
were not germane to the rule. The issues raised by the other commenters 
are discussed below.
    One commenter stated that, because Hass avocados have been proven 
to be limited hosts for South American fruit fly and Mediterranean 
fruit fly, APHIS should relieve movement restrictions on Hass avocados 
from all countries with Mediterranean fruit fly and South American 
fruit fly that ship Hass avocados to the United States. The commenter 
stated that this would fulfill our bilateral and multilateral sanitary 
and phytosanitary agreements.
    Currently, Hass avocados are allowed entry into the United States 
from the State of Michoac[aacute]n, Mexico, and Peru under the 
regulations in Sec. Sec.  319.56-30 and 319.56-50, respectively. In 
addition, Hass avocados are allowed entry into the United States from 
Chile administratively, provided that the avocados originate from an 
area free of the Mediterranean fruit fly or that the avocados have been 
treated by either cold treatment or fumigation with methyl bromide. 
Because we recognize Chile as free of Mediterranean fruit fly and South 
American fruit fly, we did not mention Chile in our proposed rule; 
however, we are also relieving movement restrictions on Hass avocados 
from Chile due to Mediterranean fruit fly, should Mediterranean fruit 
fly be reintroduced to Chile. In the event that another country where 
Mediterranean fruit fly and South American fruit fly are present is 
authorized to export Hass avocados to the United States, we will not 
impose movement restrictions associated with those fruit flies, except 
for post-harvest safeguarding as described in the proposed rule.
    One commenter expressed concern that Peru's research protocol and 
findings, particularly with respect to the host status of Hass avocados 
for South American fruit fly, were not subjected to peer review. The 
commenter further stated that the NPPO of Peru should conduct 
additional experiments to test host susceptibility to South American 
fruit fly using fruit of varying degrees of maturity from stressed 
trees. The commenter cited the abandonment of the regulatory protocol 
allowing the movement of Sharwil variety avocados from Hawaii to the 
continental United States due to repeated finds of Oriental fruit fly 
larva within avocado fruit during drought conditions.
    While Peru's report on the host status of Hass avocado for South 
American fruit fly was not peer-reviewed, their research corroborated 
current literature, including peer-reviewed research conducted by 
Martin Aluja et al.,\2\ concluding that, under most circumstances, Hass 
avocados are generally poor hosts for Anastrepha spp. fruit flies. As 
stated in the commodity import evaluation document published in 
connection with the proposed rule, APHIS does not consider South 
American fruit fly to infest Hass avocados in Mexico, but we included 
it in the pest list for Hass avocados from Peru due to a lack of host 
records and data. Peru subsequently conducted a study on host status 
and came to the conclusion that Hass avocados in Peru are not hosts to 
South American fruit fly. As stated in our commodity import evaluation 
document, the main risk of fruit fly infestation is from avocado fruit 
outside of the normal population, i.e., fruit that is left to become 
overripe on the tree, injured or damaged fruit, fruit picked up from 
the ground, picked fruit left in the field for days, and fruit that is 
the wrong cultivar. Therefore, we have determined that Hass avocados 
are conditional nonhosts for Mediterranean fruit fly and South American 
fruit fly. We have encouraged Peru to submit the data they submitted to 
us regarding the host status of Hass avocado to South American fruit 
fly for publication in a peer-reviewed journal.
---------------------------------------------------------------------------

    \2\ Aluja, M., F. Diaz-Fleischer and J. Arredondo. 2004. Nonhost 
Status of Commercial Persea americana `Hass' to Anastrepha ludens, 
Anastrepha obliqua, Anastrepha serpentina, and Anastrepha striata 
(Diptera: Tephritidae) in Mexico. J. Econ. Entomol. 97(2): 293-309.
---------------------------------------------------------------------------

    The commenter is correct that the regulatory protocol allowing 
Sharwil avocados to be moved to the continental United States from 
Hawaii was abandoned due to repeated finds of Oriental fruit fly larva 
within avocado fruit. However, the situation within Hawaii was 
fundamentally different than the situation within Peru for several 
reasons, not the least of which is the different fruit fly species and 
avocado varieties involved.
    Apart from variety-host interactions, other factors indicate that 
the problems with interstate movement of Sharwil variety avocados are 
not likely to occur in Hass variety avocados. For example, the exocarp 
of the Hass avocado fruit provides a barrier to infestation by fruit 
flies that may not be offered by the exocarp of other varieties of 
avocados. In general, drought conditions may increase incidences of 
fruit fly infestation of avocados, in particular due to an increase in 
a specific type of peduncle damage called girdling. However, unlike 
Sharwil avocados in Hawaii, it has been shown that Hass avocados in 
Mexico that experience girdling do not reach a size conducive to export 
(see footnote 2). Therefore, they are not likely to be included in 
commercial shipments. In addition, it is unlikely that avocado trees in 
Peru would undergo drought stress because the avocado groves there are 
irrigated. Mature ripe fruit, including Hass avocados, are also more 
susceptible to insect infestation than immature or ``green'' fruit; the 
greater distance that Peruvian Hass avocados must travel to reach the 
United States means that mature ripe Hass avocados would not be packed 
for export to the United States, as they would spoil by the time they 
arrived on the export market.
    One commenter asked what sort of oversight APHIS would have over 
our Hass avocado import programs and what resources will be made 
available to ensure that the provisions in the regulations are carried 
out.
    As signatories to the International Plant Protection Convention, 
the national plant protection organizations (NPPO) of Mexico, Peru, and 
Chile are obligated to fulfill their responsibilities for importation 
of Hass avocados. In addition, we have APHIS employees stationed in 
countries throughout the world, including Mexico, Peru, and Chile, to 
monitor import program activities. We have conducted site visits as 
part of developing our import requirements and found the NPPOs of 
Mexico, Peru, and Chile to have the necessary resources and capacity to 
implement them. In addition, all Hass avocado shipments are subject to 
inspection at the port of entry, which may include fruit cutting to 
ensure freedom from quarantine pests. This inspection serves as a check 
on the effectiveness of the required mitigations.
    One commenter suggested that each avocado importer provide a bond 
that could be used to pay for mitigating potential pest outbreaks as a 
result of the importation.
    We do not consider such a bond requirement to be practical, largely

[[Page 43806]]

because no country in the world requires the indemnification of 
agricultural products offered for importation; if the United States 
were to set a precedent and require such indemnification, it would be 
only a matter of time before our domestic agricultural producers would 
be required to put up similar bonds for their exports. Any grower or 
farmer has little control over his or her produce once it has left the 
grove or farm, let alone once it has been exported to another nation. 
Finally, requiring such indemnification would run counter to our 
obligations under current international trade agreements and would 
certainly be subject to challenge by our trading partners. For these 
reasons, the use of such bonds is considered impractical. In addition, 
as our import requirements are sufficient to mitigate the risk of pest 
introduction via the importation of Hass avocados, we do not believe 
that such a requirement would be necessary in any case.
    Several commenters expressed concern regarding the impact of the 
proposed rule on U.S. avocado producers. One commenter pointed to a 
historical decrease in U.S. avocado acreage and stated that increasing 
U.S. regulatory constraints and water costs as well as lower-priced 
foreign imports have accelerated the decline in avocado acreage in 
recent years. The commenter further stated that lowering the costs 
borne by foreign producers and allowing unlimited foreign imports will 
drive domestic avocado producers out of business, resulting in the 
permanent loss of the domestic avocado industry, which will have an 
adverse economic effect for businesses connected with the domestic 
avocado industry. In addition, the commenter stated that communities in 
the United States where avocados are currently grown would suffer from 
fallowed farm land. The commenter recommended that, before additional 
Peruvian avocados are imported, a far-reaching and comprehensive 
economic impact analysis be prepared, preferably by an independent 
third party, to evaluate the impacts to the U.S. avocado industry and 
the effects of additional pressures.
    While the commenter is correct that U.S. avocado acreage has 
declined in the past 25 years, many factors could contribute to that 
decline, including the increasing opportunity cost of avocado 
production and the conversion of avocado groves to residential or 
commercial lots. In addition, despite a decrease in avocado acreage, 
avocado production has remained approximately the same over that 
period. While APHIS does not place specific limits on imports of 
agricultural products generally, APHIS does allow imports to occur only 
after pest risks are investigated and appropriate mitigation measures 
are in place.
    This rule will allow foreign producers to realize cost savings, and 
may increase imports. However, we have determined that the domestic 
avocado industry will not be significantly adversely affected by this 
rule. Avocados from Chile, Mexico, and Peru are currently allowed 
importation into the United States and, in the case of Mexico and 
Chile, have been allowed into the United States for a number of years. 
Despite this, the U.S. avocado industry is still very active and there 
have been no introductions of pests that can be traced to avocado 
imports in the United States.
    APHIS does realize that additional imports may place downward 
pressure on domestic Hass avocado prices, but it also may mean greater 
availability and potentially greater demand by consumers for all 
avocados, imported and domestic alike.
    Should domestic avocado production decline as a result of this 
rule, some land may be removed from avocado production. However, 
fallowing land implies that opportunity cost of avocado production land 
is zero. On the contrary, the land will be put to a use that provides 
the owner with the highest return, which could include noneconomic 
considerations. We would also like to emphasize that, by allowing 
imports to occur under reasonable science-based restrictions, we 
advocate for a more accessible world market for U.S. exports as well.
    The additional areas of study suggested by the commenter are beyond 
the requirements of the Regulatory Flexibility Act, which requires 
agencies to evaluate the potential effects of their proposed and final 
rules on small businesses, small organizations, and small governmental 
jurisdictions and to prepare and make available for public comment a 
regulatory flexibility analysis that describes expected impacts of a 
rule on small entities. In addition, we believe a study of that scope 
is not warranted given that this rule was not intended to allow 
additional avocados into the United States but to relieve restrictions, 
which we have deemed no longer necessary, on the importation of Hass 
avocados already allowed entry.
    Another commenter stated that, because there are no domestic areas 
quarantined for the presence of Mediterranean fruit fly, it is not a 
benefit to U.S. producers to remove restrictions on the interstate 
movement of Hass avocados for Mediterranean fruit fly. The commenter 
further expressed concern regarding the economic impact of the rule on 
small entities and recommended that APHIS consult an economic report 
put out by the University of California, Davis, Department of 
Agricultural and Resource Economics, in 2004 regarding how to offset 
price impacts from imported avocados.
    While the commenter is correct that there are currently no areas 
within the United States quarantined for Mediterranean fruit fly, we 
proposed to remove restrictions on the movement of Hass avocados due to 
Mediterranean fruit fly if, in the future, areas of the United States 
were to be quarantined for Mediterranean fruit fly. Since 2005, there 
have been 13 Mediterranean fruit fly outbreaks in the United States. 
The last outbreak of Mediterranean fruit fly in California was in 2009, 
and it affected avocado production areas. As stated previously, 
avocados from Chile, Mexico, and Peru are already allowed entry into 
the United States; the final rule merely relieves restrictions on the 
movement of Hass avocados we have determined are not necessary in light 
of research demonstrating the limited host status of Hass avocados to 
Mediterranean and South American fruit fly.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. The shipping season for Hass avocados from Mexico, Peru, and 
Chile is in progress. Making this rule effective immediately will allow 
interested producers and others in the marketing chain to benefit 
during this year's shipping season. Therefore, the Administrator of the 
Animal and Plant Health Inspection Service has determined that this 
rule should be effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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.

[[Page 43807]]

    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 1 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    Within the United States, avocado fruit is primarily produced in 
California, Hawaii, and Florida. There were approximately 8,200 farms 
producing avocados in those States in 2007. About 180,000 metric tons 
(MT) of avocados were produced annually in the United States over a 20-
year period beginning in the 1990-1991 season. There is an occasional 
fluctuation with an occasional higher or lower production amount than 
other years; the variance in avocado production can be attributed to 
various circumstances including inclement weather.
    Currently, the costs associated with the Mediterranean fruit fly 
mitigation measures on Hass avocados from Mexico and Peru have 
increased the cost of imported avocados for consumers. Removing 
requirements for treatment, trapping, and origin restrictions for Hass 
avocados from Mexico and Peru due to Mediterranean fruit fly and South 
American fruit fly will reduce the cost associated with mitigation for 
producers, and in consequence, likely lower the cost of imported 
avocados for U.S. consumers.
    The impact of the rule on Hass avocado fruit operations in 
California, Hawaii, and Florida will depend on the volume and season of 
increased Hass avocado imports from Mexico and Peru, the volume and 
season of continental U.S. production, the volume and season of imports 
from other countries, as well as U.S. consumption and export levels. 
Consumer demand for avocados has increased greatly in the past decade. 
Imports of Hass avocados increased from 56,000 MT in 2001 to a high of 
420,000 MT in 2009.
    The countries affected by the mitigation treatment changes in this 
rule already export Hass avocados to the United States. It is worth 
noting that the increase in imports of Hass avocados has occurred over 
the last 10 years while U.S. domestic avocado production quantities and 
values have remained relatively stable. It would appear that the 
domestic market for avocados continues to expand to absorb both 
increasing imports and existing domestic production rather than new 
avocado imports displacing either domestic production or existing 
imports. It therefore does not appear that the current increasing level 
of imports has had a significant impact on a substantial number of 
small avocado producers or importers.

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

List of Subjects

7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

7 CFR Part 319

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

    Accordingly, we are amending 7 CFR parts 301 and 319 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

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

    Section 301.75-15 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).


Sec.  301.32-4  [Amended].

0
2. In Sec.  301.32-4, paragraph (d) introductory text is amended by 
removing the word ``Mexican'' and adding the words ``Mediterranean, 
Mexican,'' in its place.

PART 319--FOREIGN QUARANTINE NOTICES

0
3. 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.


Sec.  319.56-30  [Amended].

0
4. Section 319.56-30 is amended by removing paragraph (c)(1)(iii).
0
5. Section 319.56-50 is amended as follows:
0
a. By revising paragraphs (b)(1) and (b)(2) to read as set forth below.
0
b. By removing paragraphs (d) and (e) and redesignating paragraphs (f) 
through (j) as paragraphs (d) through (h), respectively.
0
c. By revising newly redesignated paragraph (g) to read as set forth 
below.
0
d. In newly redesignated paragraph (h) introductory text, by removing 
the words ``In addition:'' and by removing newly redesignated 
paragraphs (h)(1) through (h)(3).


Sec.  319.56-50  Hass avocados from Peru.

* * * * *
    (b) * * * (1) The NPPO of Peru must visit and inspect registered 
places of production monthly, starting at least 2 months before harvest 
and continuing until the end of the shipping season, to verify that the 
growers are complying with the requirements of paragraphs (c) and (e) 
of this section and follow pest control guidelines, when necessary, to 
reduce quarantine pest populations. Any personnel conducting trapping 
and pest surveys under paragraph (d) of this section must be trained 
and supervised by the NPPO of Peru. APHIS may monitor the places of 
production if necessary.
    (2) In addition to conducting fruit inspections at the 
packinghouses, the NPPO of Peru must monitor packinghouse operations to 
verify that the packinghouses are complying with the requirements of 
paragraph (f) of this section.
* * * * *
    (g) NPPO of Peru inspection. Following any post-harvest processing, 
inspectors from the NPPO of Peru must inspect a biometric sample of 
fruit from each place of production at a rate to be determined by 
APHIS. The inspectors must visually inspect for the quarantine pests 
listed in the introductory text of this section and must cut fruit to 
inspect for S. catenifer. If any quarantine pests are detected in this 
inspection, the place of production where the infested avocados were 
grown will immediately be suspended from the export program until an 
investigation has been

[[Page 43808]]

conducted by APHIS and the NPPO of Peru and appropriate mitigations 
have been implemented.
* * * * *

    Done in Washington, DC, this 19th day of July 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-18707 Filed 7-20-11; 4:15 pm]
BILLING CODE 3410-34-P