[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Rules and Regulations]
[Pages 5922-5924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3381]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 318
[Docket No. 95-028-2]
Sharwil Avocados From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations to allow Sharwil avocados to
be moved interstate from Hawaii after undergoing cold treatment for
fruit flies under the supervision of an inspector of the Animal and
Plant Health Inspection Service. This action will facilitate the
interstate movement of Sharwil avocados from Hawaii while continuing to
provide protection against the spread of injurious plant pests from
Hawaii to other parts of the United States.
EFFECTIVE DATE: March 18, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior Staff
Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 139,
Riverdale, MD 20737-1236, (301) 734-8295.
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 from Hawaii of
avocados in a raw or unprocessed state. Regulation is necessary to
prevent the spread of the Mediterranean fruit fly (Ceratitis capitata),
the melon fly (Dacus cucurbitae), and the Oriental fruit fly
(Bactrocera dorsalis). These types of fruit flies are collectively
referred to as Trifly.
On October 2, 1995, we published in the Federal Register (60 FR
51373-51375, Docket No. 95-028-1) a proposal to amend the regulations
to allow Sharwil avocados to be moved interstate from Hawaii after
undergoing cold treatment for Trifly. In that document, we also
proposed two nonsubstantive editorial changes to simplify the
regulations.
We solicited comments concerning our proposal for 30 days ending
November 1, 1995. We received two comments by that date. They were from
a State agricultural agency and a representative of an avocado industry
group. Both commenters requested additional information to substantiate
the provisions of the proposed rule. The comments are discussed below.
Comment: The United States Department of Agriculture (USDA) must
address the effect of a preconditioning heat treatment, prior to cold
treatment, on Trifly eggs and larvae.
Response: The preconditioning heat treatment, which induces a
tolerance to subsequent cold treatment in the Sharwil avocado variety,
is recommended specifically for the purpose of maintaining fruit
quality and not as a part of the quarantine treatment. However,
research conducted by the Agricultural Research Service (ARS), USDA,
indicates that the heat treatment does contribute to Trifly mortality.
Additional information about this research may be obtained by writing
to the individual listed under FOR FURTHER INFORMATION CONTACT.
Comment: The USDA must address the efficacy of cold treatment on
eggs and larvae of the melon fly and the Oriental fruit fly, in
addition to the Mediterranean fruit fly (Medfly). In addition, USDA
must address the possible resistance of Medfly to cold treatment.
Response: Recent research conducted by ARS tested cold treatment
against all three species of Trifly (see Armstrong, Silva, and
Shishido, ``Quarantine cold treatment for Hawaiian carambola fruit
infested with Mediterranean fruit fly, Melon fly, or Oriental fruit fly
(Deptera:Tephritidae) eggs and larvae.'' Journal of Economic Entomology
88(3):683-687 (1995)). In this study, cold treatment disinfested
carambola of Trifly eggs and larvae, including eggs and larvae of
Medfly, the most cold-tolerant of the Trifly species, providing a
Probit 9 level of quarantine security (99.8 percent mortality).
Therefore, we have determined that cold treatment is effective against
the eggs and larvae of all three Trifly species.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule without change.
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
process required by Executive Order 12866.
Hawaii produced approximately 500,000 pounds of avocados during
1993, down approximately 29 percent from the 1992 level due, in part,
to the interruption of avocado shipments to the U.S. mainland because
of Oriental fruit fly infestation in 1992. Sharwil variety accounted
for 75 percent of this total, or 375,000 pounds. Shipments of Sharwil
avocados from Hawaii to the U.S. mainland and to Canada before the 1992
suspension peaked at 100,000 pounds.
Total production of avocados in the United States, excluding
Hawaii, was approximately 302.8 million pounds in 1993. Of this total,
California accounted for approximately 97 percent of the production.
California continues to supply the major share of the U.S. avocado
market. Total Hawaiian avocado production in 1993 accounted for less
than two-tenths of a percent of the total U.S. production.
The total value of Hawaiian avocado production ($220,000 in 1993)
is less than three-tenths of a percent of the total U.S. production,
and all of the Hawaiian entities involved are considered small. This
rule could reverse the downward trend in Hawaiian avocado production by
providing a commercially feasible method of treating Sharwil avocados
to be moved interstate. This would have a positive economic effect on
Hawaiian avocado producers. Although a major share of the U.S. market
is supplied by California producers, the addition of a Hawaiian supply
is unlikely to have a significant negative impact upon California
producers, as the two dominant avocado varieties, Sharwil (Hawaii) and
Hass (California) have different peak seasons of production. The peak
season for the Sharwil variety is between November and May; the peak
season for the Hass variety is April through October. As a result, this
rule is expected to have a complementary rather than competitive
effect. The change is not expected to have any significant impact upon
supply and price. Nevertheless, it is expected to have a positive
impact upon consumers by providing for a more continuous and varied
avocado supply.
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 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are
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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 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 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin
Islands.
Accordingly, 7 CFR parts 300 and 318 are amended as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 continues to read as
follows:
Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22,
2.80, and 371.2(c).
2. In Sec. 300.1, paragraph (a), introductory text, is revised to
read as follows:
Sec. 300.1 Materials incorporated by reference; availability.
(a) Plant Protection and Quarantine Treatment Manual. The Plant
Protection and Quarantine Treatment Manual, which was reprinted on
November 30, 1992, and includes all revisions through November 1995,
has been approved for incorporation by reference in 7 CFR chapter III
by the Director of the Office of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
3. The authority citation for part 318 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, 164a,
and 167; 7 CFR 2.22, 2.80, and 371.2(c).
4. Section 318.13-1 is amended by revising the definition for
Inspector to read as follows:
Sec. 318.13-1 Definitions.
* * * * *
Inspector. An inspector of Plant Protection and Quarantine, Animal
and Plant Health Inspection Service, United States Department of
Agriculture.
* * * * *
5. Section 318.13-4d is revised to read as follows:
Sec. 318.13-4d Administrative instructions concerning the interstate
movement of avocados from Hawaii.
(a) Subject to the requirements of Secs. 318.13-3 and 318.13-4 and
all other applicable provisions of this subpart, avocados may be moved
interstate from Hawaii only if they are treated under the supervision
of an inspector with a treatment authorized by the Administrator for
the following pests: the Mediterranean fruit fly (Ceratitis capitata),
the melon fly (Dacus cucurbitae), and the Oriental fruit fly
(Bactrocera dorsalis).
(b) Treatments authorized by the Administrator are listed in the
Plant Protection and Quarantine Treatment Manual, which is incorporated
by reference at Sec. 300.1 of this chapter.
Sec. 318.13-4e [Removed and Reserved]
6. Section 318.13-4e is removed and reserved.
Done in Washington, DC, this 2nd day of February 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-3381 Filed 2-14-96; 8:45 am]
BILLING CODE 3410-34-P
