[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Proposed Rules]
[Page 64163-64170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no07-23]
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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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[[Page 64163]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 318
[Docket No. APHIS-2007-0050]
RIN 0579-AC62
Interstate Movement of Fruit From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the Hawaiian fruits and vegetables
regulations to allow mangosteen, dragon fruit, melon, pods of cowpea
and its relatives, breadfruit, jackfruit, and fresh moringa pods to be
moved interstate from Hawaii under certain conditions. This action
would allow the movement of these tropical fruits from Hawaii to the
continental United States while continuing to provide protection
against the spread of plant pests from Hawaii to the continental United
States.
DATES: We will consider all comments that we receive on or before
January 14, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2007-0050 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2007-0050, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2007-0050.
Reading Room: 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.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist,
Commodity Import Analysis and Operations, PPQ, VS, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737-1236; (301) 734-8758.
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 to the continental United States. The
regulations are necessary to prevent the spread of plant diseases and
pests that occur in Hawaii but not in the continental United States.
The regulations in Sec. 318.13-4f identify specific fruits and
vegetables that are allowed to be moved interstate from Hawaii if,
among other things, they are treated with irradiation in accordance
with our phytosanitary treatments regulations in 7 CFR part 305. The
regulations in part 305 require that:
1. Irradiation treatment must be carried out only in Hawaii or in
non-fruit-fly supporting areas of the 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 able to administer
the minimum absorbed ionizing radiation doses specified in paragraph
(a) of Sec. 305.34 to the articles, 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 and must be sealed with seals that will visually
indicate if the cartons have been opened. 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, packaging, 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 movement with seals that will visually indicate if the
shipping containers have been opened;
7. The fruits and vegetables must receive the minimum absorbed
ionizing radiation doses specified in paragraph (a) of Sec. 305.34;
8. Dosimetry systems in the irradiation facility must map, control,
and record the absorbed doses;
9. The absorbed dose must be measured by a dosimeter that can
accurately measure the absorbed doses specified in paragraph (a) of
Sec. 305.34;
10. The number and placement of dosimeters must be in accordance
with American Society of Testing and Materials standards;
11. The irradiation facility must keep records or invoices for each
treatment lot for a period that exceeds the shelf
[[Page 64164]]
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 in Sec. 305.34. An inspector will
issue a limited permit for the interstate movement of untreated fruits
and vegetables from Hawaii for irradiation treatment on the continental
United States in accordance with the regulations in Sec. 305.34.
Paragraphs (c) and (d) of Sec. 305.34 set forth procedures for
applying for approval and inspection of a treatment facility, and
procedures for denial and withdrawal of approval.
Paragraph (e) of Sec. 305.34 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.
The State of Hawaii has requested that APHIS amend the regulations
to allow the interstate movement of commercial shipments of Hawaiian
breadfruit (Artocarpus altilis), fresh pods of cowpea (Vigna
unguiculata) and its relatives, dragon fruit (species of Hylocereus and
Selenicereus), jackfruit (Artocarpus heterophyllus), mangosteen
(Garcinia mangostana), melon (Cucumis melo), and fresh moringa pods
(Moringa oleifera) following irradiation treatment. All of these
tropical fruits are currently prohibited from being moved to the
continental United States from the State of Hawaii.
As part of our evaluation of that request, we have prepared pest
risk assessments (PRAs) for the commodities under consideration and a
risk management document that proposes risk mitigation measures to
prevent the plant pests associated with each fruit from being
introduced into the continental United States. Copies of the PRAs and
the risk management document can be obtained from the person listed
under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov
Web site (see ADDRESSES above for instructions for accessing
Regulations.gov).
The risk management document considered the protections that would
be afforded by compliance with the provisions of Sec. 305.34 (i.e.,
the requirements described previously), determined that they were
appropriate to address the risks presented by some of the pests of
concern, and suggested some additional mitigations to address the
remaining identified risks. Based on those suggestions in the risk
management document, we propose the following measures be applied to
breadfruit, fresh pods of cowpea and its relatives, dragon fruit,
jackfruit, mangosteen, melon, and fresh moringa pods moved from the
State of Hawaii to the continental United States.
Breadfruit and Jackfruit
The PRA for breadfruit and jackfruit identified 13 quarantine pests
which could potentially follow the pathway from Hawaii to the
continental United States. These included several species of fruit fly,
scale insects, mealybugs, and thrips. The PRA also identified the
fungus Phytophthora tropicalis as a pathogen likely to follow the
pathway.
We have found that irradiation at the 150 gray dose is effective
against all fruit flies and certain other pests.\1\ To protect against
the introduction of other insect pests into the continental United
States, we would require that breadfruit and jackfruit to be treated
with the 150 gray dose would have to either receive a post-harvest dip
in accordance with treatment schedule T102-c (warm soapy water and
brushing) as provided in Sec. 305.42(b), or originate from an orchard
or growing area that was previously treated with a broad-spectrum
insecticide during the growing season and a pre-harvest inspection of
the orchard or growing area found the fruit free of any surface pests
as prescribed in a compliance agreement. The fruit would also have to
be inspected after harvest by an APHIS inspector in Hawaii and found
free of spiraling whitefly (Aleurodicus disperses), inornate scale
(Aonidiella inornata), green scale (Coccus viridis), red wax scale
(Ceroplastes rubens), gray pineapple mealybug (Dysmicoccus
neobrevipes), pink hibiscus mealybug (Maconellicoccus hirsutus),
spherical mealybug (Nipaecoccus viridis), citrus mealybug (Pseudococcus
cryptus), and melon thrips (Thrips palmi). The fruit would also have to
be inspected for signs of thrip damage.
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\1\ There is no data regarding the radio-tolerance of breadfruit
and jackfruit at the dose levels used by USDA approved irradiation
treatments.
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The 400 gray dose has been found to be effective against all insect
pests, excluding adults and pupae of the order Lepidoptera, which are
the stages that generally do not feed on fruit or pods. The PRA for
breadfruit and jackfruit did not identify any quarantine significant
Lepidopteran pests likely to follow the pathway. Therefore, breadfruit
and jackfruit receiving treatment at the 400 gray dose in Hawaii would
not be required to undergo additional inspection in Hawaii for insect
pests. Fruit to be moved interstate for treatment on the mainland would
have to be treated with a minimum absorbed dose of 400 gray.
However, neither the 150 gray nor the 400 gray dose has been
determined to be effective against the fungus Phytophthora tropicalis.
Therefore, in addition to irradiation, breadfruit and jackfruit would
have to receive a post-harvest fungicidal dip appropriate for the
fungus Phytophthora tropicalis or originate from an orchard that was
previously treated with an appropriate fungicide during the growing
season and a pre-harvest inspection of the orchard found the fruit free
of symptoms of the fungus.
Regardless of the irradiation dose applied, the fruit would have to
be free of leaves and stems. Breadfruit and jackfruit moved into the
continental United States after treatment in Hawaii would be subject to
inspection upon arrival in accordance with Sec. 318.13-8 if inspectors
determine that such inspection is necessary.
Cowpea and Its Relatives
The PRA for fresh pods of cowpea and its relatives identified 11
quarantine pests which could potentially follow the pathway from Hawaii
to the continental United States. These included several species of
fruit flies, mealybugs, and thrips, as well as cassava red mite
(Oligonychus biharensis) and several Lepidopteran pests.
Fresh pods of cowpea and its relatives would have to be treated
with a minimum absorbed dose of 400 gray because the 150 gray dose is
not known to be effective against the internal stages of pests of the
order Lepidoptera. The 400 gray dose is effective against all insect
pests, excluding adults and pupae of the order Lepidoptera. However,
neither the 150 gray nor the 400 gray dose have been determined to be
effective against the cassava red mite. Therefore, fresh pods of cowpea
and its relatives would have to be inspected after harvest by an APHIS
inspector in Hawaii and found free of adults and pupae of the order
Lepidoptera and the cassava red mite.
The pods would have to be free of leaves and stems. Pods moved into
the continental United States after treatment in Hawaii would be
subject to inspection upon arrival in accordance with Sec. 318.13-8 if
inspectors determine that such inspection is necessary.
Dragon Fruit
The PRA for dragon fruit identified five quarantine significant
pests which could potentially follow the pathway from Hawaii to the
continental United
[[Page 64165]]
States. These included two species of fruit fly, Oriental fruit fly
(Bactrocera dorsalis), and Mediterranean fruit fly (Ceratitis
capitata), and three species of mealybug.
We have found that irradiation at the 150 gray dose is effective
against all fruit flies and certain other pests. To protect against the
introduction of other insect pests into the continental United States,
we would require that dragon fruit to be treated with the 150 gray dose
would have to either receive a post-harvest dip in accordance with
treatment schedule T102-c (warm soapy water and brushing) as provided
in Sec. 305.42(b), or originate from an orchard or growing area that
was previously treated with a broad-spectrum insecticide during the
growing season and a pre-harvest inspection of the orchard or growing
area found the fruit free of any surface pests as prescribed in a
compliance agreement. We would also require dragon fruit to be treated
with the 150 gray dose to be inspected after harvest by an APHIS
inspector in Hawaii and found free of gray pineapple mealybug, pink
hibiscus mealybug, and citrus mealybug. Sepals, if present on the fruit
sampled for inspection, would have to be removed during the pre-
departure inspection.
The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for dragon fruit did
not identify any Lepidopteran quarantine pests likely to follow the
pathway. Dragon fruit receiving treatment at the 400 gray dose in
Hawaii would not be required to undergo additional inspection in Hawaii
for insect pests. Fruit to be moved interstate for treatment on the
continental would have to be treated with a minimum absorbed dose of
400 gray.
Regardless of the irradiation dose applied, the fruit would have to
be free of leaves and stems. Dragon fruit moved into the continental
United States after treatment in Hawaii would be subject to inspection
upon arrival in accordance with Sec. 318.13-8 if inspectors determine
that such inspection is necessary.
Mangosteen
The PRA for mangosteen identified six quarantine pests which could
potentially follow the pathway from Hawaii to the continental United
States, including fruit flies, mealybugs, and Thrips florum.
We have found that irradiation at the 150 gray dose is effective
against all fruit flies and certain other pests. To protect against the
introduction of other insect pests into the continental United States,
we would require that mangosteen to be treated with the 150 gray dose
would have to either receive a post-harvest dip in accordance with
treatment schedule T102-c (warm soapy water and brushing) as provided
in Sec. 305.42(b), or originate from an orchard or growing area that
was previously treated with a broad-spectrum insecticide during the
growing season and a pre-harvest inspection of the orchard or growing
area found the fruit free of any surface pests as prescribed in a
compliance agreement. We would also require mangosteen to be inspected
after harvest by an APHIS inspector in Hawaii and found free of gray
pineapple mealybug, pink hibiscus mealybug, citrus mealybug, and Thrips
florum. Sepals, if present on the fruit sampled for inspection, would
have to be removed during the pre-departure inspection.
The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for mangosteen did
not identify any quarantine significant Lepidopteran pests likely to
follow the pathway. Mangosteen receiving treatment at the 400 gray dose
in Hawaii would not be required to undergo additional inspection for
insect pests. Fruit to be moved interstate for treatment on the
continental would have to be treated with a minimum absorbed dose of
400 gray.
Regardless of the irradiation dose applied, the fruit would have to
be free of leaves and stems. Mangosteen moved into the continental
United States from Hawaii would be subject to inspection upon arrival
in accordance with Sec. 318.13-8 if inspectors determine that such
inspection is necessary.
Melon
The PRA for melon identified four quarantine significant pests
which could potentially follow the pathway from Hawaii to the
continental United States, including fruit flies and spiraling
whitefly.
We have found that irradiation at the 150 gray dose is effective
against all fruit flies and certain other pests. To protect against the
introduction of other insect pests into the continental United States,
we would require that melons to be treated with the 150 gray dose would
have to either receive a post-harvest dip in accordance with treatment
schedule T102-c (warm soapy water and brushing) as provided in Sec.
305.42(b), or originate from an orchard or growing area that was
previously treated with a broad-spectrum insecticide during the growing
season and a pre-harvest inspection of the orchard or growing area
found the fruit free of any surface pests as prescribed in a compliance
agreement. We would also require Hawaiian melons to be inspected after
harvest by an APHIS inspector in Hawaii and found free of spiraling
whitefly.
The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for melon did not
identify any quarantine significant Lepidopteran pests likely to follow
the pathway. Melons receiving treatment at the 400 gray dose in Hawaii
would not be required to undergo additional inspection for insect
pests. Fruit to be moved interstate for treatment on the continental
would have to be treated with a minimum absorbed dose of 400 gray.
Regardless of the irradiation dose applied, the fruit would have to
be washed to remove dirt and be free of leaves and stems. Melons moved
into the continental United States after treatment in Hawaii would be
subject to inspection upon arrival in accordance with Sec. 318.13-8 if
inspectors determine that such inspection is necessary.
Moringa Pods
The PRA for fresh moringa pods identified seven quarantine
significant pests which could potentially follow the pathway from
Hawaii to the continental United States, including fruit flies,
spiraling whitefly, scale insects, and citrus mealybug.
We have found that irradiation at the 150 gray dose is effective
against all fruit flies and certain other pests. To protect against the
introduction of other insect pests into the continental United States,
we would require that moringa pods to be treated with the 150 gray dose
would have to be either receive a post-harvest dip in accordance with
treatment schedule T102-c (warm soapy water and brushing) as provided
in Sec. 305.42(b), or originate from an orchard or growing area that
was previously treated with a broad-spectrum insecticide during the
growing season and a pre-harvest inspection of the orchard or growing
area found the fruit free of any surface pests as prescribed in a
compliance agreement. We would also require moringa pods to be
inspected after harvest by an APHIS inspector in Hawaii and found free
of spiraling whitefly, inornate scale, green scale, and citrus
mealybug.
The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for moringa pods did
not identify any Lepidopteran quarantine pests likely to follow the
pathway. Moringa pods receiving treatment at the 400 gray
[[Page 64166]]
dose in Hawaii would not be required to undergo additional inspection
or treatment for insect pests. Moringa pods to be moved interstate for
treatment on the continental would have to be treated with a minimum
absorbed dose of 400 gray.
Regardless of the irradiation dose applied, moringa pods moved into
the continental United States would be subject to inspection upon
arrival in accordance with Sec. 318.13-8 if inspectors determine that
such inspection is necessary.
We believe the mitigations described above will allow these
tropical fruits to move from Hawaii to the continental United States
while continuing to prevent plant pests from entering the continental
United States from Hawaii.
Irradiation Treatments for Three Additional Pests
Paragraph (a) of Sec. 305.31 currently provides approved
irradiation doses against the specific plant pests that may be present
on fruits and vegetables that are imported into the United States.
Studies by the Department's Agricultural Research Service have found
that a minimum absorbed dose of 150 gray is adequate to treat
commodities in which coconut scale (Aspidiotus destructor) \2\ and
white peach scale (Pseudaulacaspis pentagona) \3\ may be present, and
that a minimum absorbed dose of 100 gray is adequate to treat
commodities in which Copitarsia decolora (Lepidoptera: Noctuidae) \4\
may be present. Therefore, we propose to amend Sec. 305.31(a) to add
these irradiation doses for these three plant pests.
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\2\ Follett, P.A. ``Irradiation as a phytosanitary treatment for
Aspidiotus destructor Signoret (Homoptera: Diaspididae).'' Journal
of Economic Entomology 99: 1138-1142.
\3\ Follett, P.A. ``Irradiation as a phytosanitary treatment for
White Peach Scale (Homoptera: Diaspididae).'' Journal of Economic
Entomology 99: 1974-1978.
\4\ Maldonado, Marisela Huam[aacute]n. ``Final report: Gamma
irradiation as a quarantine treatment against Copitarsia decolora
(Guen[eacute]e) in fresh asparagus.'' Copies of this technical
report can be obtained from the person listed under FOR FURTHER
INFORMATION CONTACT or viewed on the Regulations.gov Web site (see
ADDRESSES above for instructions for accessing Regulations.gov).
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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.
This proposed rule would allow the interstate movement mangosteen,
dragon fruit, melon, fresh pods of cowpea and its relatives,
breadfruit, jackfruit, and moringa pods from Hawaii after irradiation
treatment. As a condition of entry, these fruits would have to meet
certain other inspection and treatment requirements. This action would
allow for the interstate movement of these fruits into the continental
United States while continuing to provide protection against the
introduction of quarantine pests.
Tropical specialty fruit production in Hawaii has been increasing
rapidly in recent years.\5\ Hawaii's growers produced and sold an
estimated 1.5 million pounds of tropical specialty fruit in 2005, the
highest sales on record and 50 percent more than was produced and sold
in 2004.\6\ Higher yields from maturing orchards and expansion of the
harvested area have contributed to the increased production. Sales in
2005 were valued at $2.7 million, 40 percent more than in 2004.
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\5\ Tropical specialty fruits include: Abiu, atemoya,
breadfruit, caimito, canistel, cherimoya, durian, jaboticaba,
jackfruit, langsat, longan, loquat, litchi, mango, mangosteen,
persimmon, poha, rambutan, rollina, sapodilla, soursop, starfruit,
and white sapote.
\6\ The statistics in this paragraph are taken from USDA
National Agricultural Statistics Service (NASS), ``Hawaii Tropical
Specialty Fruits,'' released August 8, 2006. http://www.nass.usda.gov/hi/fruit/tropfrt.pdf
.
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This proposed rule, if finalized, is not expected to result in
significant economic effects on mainland U.S. producers. The tropical
specialty fruits included in this proposed rule are not commercially
grown in the continental United States. The proposed rule would benefit
Hawaiian producers by providing a broader market for these fruits.
Their movement from Hawaii would compete against imports from other
countries, and the only effects for U.S. producers would be the
benefits that accrue to Hawaiian producers.
Melons and cowpeas are produced in the continental United States,
but effects of allowing the interstate movement of melons from Hawaii
on U.S. mainland producers of these products are expected to be
minimal.
Melons
The predominant U.S. melon varieties are cantaloupes, honeydews,
and watermelons, for which the value of U.S. production was
approximately $866 million in 2006 (table 1). Over 80 percent of melon
production takes place in five States. California is the leading
domestic producer of all melons, accounting for 33 percent of total
acreage; followed by Texas, with 15 percent; Georgia, with 12 percent;
Arizona, with 11 percent, and Florida, with 10 percent. The United
States is a net importer of melons. In 2006, the total value of melons
imported into the United States was $350 million, compared to $189
million worth of melons exported.\7\ Nearly all (99 percent) melon
farmers have receipts of not more than $750,000 annually, and are
therefore classified by the Small Business Administration (SBA) as
small entities.
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\7\ World Trade Atlas 2006.
Table 1.--Value of U.S. Melon Production, 2004-2006
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Commodity 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
Cantaloupe................................................ $322,188,000 $335,818,000 $340,677,000
Honeydews................................................. 92,133,000 91,569,000 90,600,000
Watermelons............................................... 313,217,000 445,917,000 434,861,000
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Total................................................. 727,538,000 873,304,000 866,138,000
----------------------------------------------------------------------------------------------------------------
Source: National Agricultural Statistics Service.
We do not know the quantity or type of melons that would be moved
from Hawaii to the continental United States under this rule, but we do
not expect the quantity to be significant in relation to our total
domestic supply. For example, the most recent NASS data on the farm
value of watermelon produced in Hawaii show a value of $2.4 million in
2004, which is less than 1 percent of the value of U.S. melon imports
of all types.
Entry of Hawaiian melons into markets in the continental United
States is not expected to have a significant
[[Page 64167]]
economic impact on mainland prices or production, especially given the
irradiation treatment costs and transport costs that merchants of
Hawaiian melons would have to bear. Moreover, depending on the type of
melon, relative prices, and quality, shipments from Hawaii to the
continental United States may at least partially substitute for
imports, thereby further reducing any effects on mainland producers.
Fresh Cowpea Pods
The 2002 Census of Agriculture (the most recent year for which data
are available) states that 151 farms harvested 13,651 acres of cowpeas
in 2002. Cowpeas, also known as southern peas, blackeye peas, or
crowder, are not routinely harvested as fresh cowpea pods but are
allowed to dry before harvesting. Nearly all (99 percent) cowpea
farmers have receipts of not more than $750,000 annually, and therefore
are small entities according to SBA standards.
Fresh cowpea pods are not sold commercially by producers in the
continental United States; only dried cowpea pods are marketed. Since
fresh cowpea pods are not generally used as a substitute for dried
cowpeas, interstate movement of fresh cowpea pods from Hawaii would not
significantly impact the mainland's commercial production of cowpeas.
Rather, the fresh cowpea pods from Hawaii are expected to be sold as a
fresh or frozen vegetable. Immature snapped cowpea pods are used in the
same way as snap beans, often mixed with other foods.\8\ Green cowpea
seeds can be boiled as a fresh vegetable.
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\8\ Alternative Field Crops Manual, ``Cowpea,'' http://www.hort.purdue.edu/newcrop/afcm/cowpea.html
.
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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.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with
importation of tropical fruits from Hawaii into the continental United
States, we have prepared an environmental assessment. The environmental
assessment was prepared in accordance with: (1) The National
Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et
seq.), (2) regulations of the Council on Environmental Quality for
implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4)
APHIS' NEPA Implementing Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room. (Instructions for accessing
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) In addition, copies may be obtained by calling
or writing to the individual listed under FOR FURTHER INFORMATION
CONTACT.
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. APHIS-
2007-0050. Please send a copy of your comments to: (1) Docket No.
APHIS-2007-0050, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 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 amend the Hawaiian fruit and vegetable
regulations to allow mangosteen, dragon fruit, pods of cowpea and its
relatives, breadfruit, jackfruit, and fresh moringa pods to be moved
interstate from Hawaii under certain conditions. This action would
allow the movement of these tropical fruits from Hawaii to the
continental United States while continuing to provide protection
against the spread of plant pest from Hawaii to the continental 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
(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 0.2000 hours per response.
Respondents: Importers of fruits and vegetables.
Estimated annual number of respondents: 110.
Estimated annual number of responses per respondent: 24.7636.
Estimated annual number of responses: 2,724.
Estimated total annual burden on respondents: 545 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.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related
[[Page 64168]]
to this proposed rule, please contact Mrs. Celeste Sickles, APHIS'
Information Collection Coordinator, at (301) 734-7477.
Lists of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
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 parts 305 and 318 to read as
follows:
PART 305--PHYTOSANITARY TREATMENTS
1. The authority citation for part 305 continues to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 U.S.C. 2.22, 2.80, and 371.3.
2. In Sec. 305.31, paragraph (a), the table is amended by adding
new entries, in alphabetical order, for ``Aspidiotus destructor'',
``Copitarsia decolora'', and ``Pseudaulacaspis pentagona'' to read as
follows:
Sec. 305.31 Irradiation treatment of imported regulated articles for
certain plant pests.
(a) * * *
Irradiation for Certain Plant Pests in Imported Regulated Articles \1\
------------------------------------------------------------------------
Dose
Scientific name Common name (gray)
------------------------------------------------------------------------
* * * * * * *
Aspidiotus destructor................ Coconut scale........... 150
* * * * * * *
Copitarsia decolora.................. (No common name)........ 100
* * * * * * *
Pseudaulacaspis pentagona............ White peach scale....... 150
* * * * * * *
------------------------------------------------------------------------
\1\ There is a possibility that some cut flowers could be damaged by
such irradiations. See paragraph (n) of this section.
3. Section 305.34 is amended as follows:
a. By adding, in alphabetical order, new entries to the table in
paragraph (a) for breadfruit, cowpea pods (and its relatives), dragon
fruit, jackfruit, mangosteen, melon, and moringa pods to read as set
forth below.
b. In the table in paragraph (a), by revising footnote 1 and adding
a new footnote 2 to read as set forth below.
c. By revising paragraph (b)(7) to read as set forth below.
Sec. 305.34 Irradiation treatment of certain regulated articles from
Hawaii, Puerto Rico, and the U.S. Virgin Islands.
(a) * * *
Irradiation for Plant Pests in Hawaiian Fruits and Vegetables
------------------------------------------------------------------------
Commodity Dose (gray)
------------------------------------------------------------------------
* * * * *
Breadfruit 1 2........................... 400 or 150.
* * * * *
Cowpea pods (and its relatives) \1\...... 400.
* * * * *
Dragon fruit 1 2......................... 400 or 150.
* * * * *
Jackfruit 1 2............................ 400 or 150.
* * * * *
Mangosteen 1 2........................... 400 or 150.
Melon 1 2................................ 400 or 150.
* * * * *
Moringa pods 1 2......................... 400 or 150.
* * * * *
------------------------------------------------------------------------
\1\ Breadfruit, cowpea pods, dragon fruit, jackfruit, litchi,
mangosteen, melon, moringa pods, and sweetpotato are also subject to
the additional inspection and treatment requirements in paragraph
(b)(7) of this section.
\2\ Breadfruit, dragon fruit, jackfruit, mangosteen, melon, and moringa
pods moving to the continental United States for treatment under
limited permit in accordance with the requirements of paragraph
(b)(7)(ii) of this section must be treated with the 400 gray dose.
* * * * *
(b) * * *
(7)(i) Certification on basis of treatment. A certificate shall be
issued by an inspector for the movement of articles from Hawaii that
have been treated and handled in accordance with this section.
(A) To be certified for interstate movement under this section,
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.
(B) To be certified for interstate movement under this section,
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. In addition,
sweetpotato from Hawaii to be treated with irradiation at a dose of 150
Gy must be sampled, cut, and inspected in Hawaii and found to be free
of the ginger weevil (Elytrotreinus subtruncatus) by an inspector
before undergoing irradiation treatment in Hawaii. Sampling, cutting,
and inspection must be performed under conditions that will prevent any
pests that may emerge from the sampled sweetpotatoes from infesting any
other sweetpotatoes intended for interstate movement in accordance with
this section.
[[Page 64169]]
(C) To be certified for interstate movement under this section,
breadfruit and jackfruit from Hawaii must be inspected in Hawaii and
found free of spiraling whitefly (Aleurodicus dispersus), inornate
scale (Aonidiella inornata), red wax scale (Ceroplastes rubens), green
scale (Coccus viridis), gray pineapple mealybug (Dysmicoccus
neobrevipes), pink hibiscus mealybug (Maconellicoccus hirsutus),
spherical mealybug (Nipaecoccus viridis), citrus mealybug (Pseudococcus
cryptus), melon thrips (Thrips palmi) and signs of thrip damage before
undergoing irradiation treatment in Hawaii at the 150 gray dose. Fruit
receiving the 150 gray dose also must either receive a post-harvest dip
in accordance with treatment schedule T102-c as provided in Sec.
305.42(b) or originate from an orchard or growing area that was
previously treated with a broad-spectrum insecticide during the growing
season and a pre-harvest inspection of the orchard or growing area
found the fruit free of any surface pests as prescribed in a compliance
agreement. Post-treatment inspection in Hawaii is not required if the
fruit undergoes irradiation treatment at the 400 gray dose. Regardless
of irradiation dose, the fruit must be free of stems and leaves and
must originate from an orchard that was previously treated with a
fungicide appropriate for the fungus Phytophthora tropicalis during the
growing season and the fruit must be inspected prior to harvest and
found free of the fungus or, after irradiation treatment, must receive
a post-harvest fungicidal dip appropriate for Phytophthora tropicalis.
(D) To be certified for interstate movement under this section,
fresh pods of cowpea and its relatives from Hawaii must be inspected in
Hawaii and found free of the cassava red mite (Oligonychus biharensis)
and adults and pupae of the order Lepidoptera before undergoing
irradiation treatment. The pods must be free of stems and leaves.
(E) To be certified for interstate movement under this section,
dragon fruit from Hawaii presented for inspection must have the sepals
removed and must be inspected in Hawaii and found free of gray
pineapple mealybug (Dysmicoccus neobrevipes), pink hibiscus mealybug
(Maconellicoccus hirsutus), and citrus mealybug (Pseudococcus cryptus)
before undergoing irradiation treatment in Hawaii at the 150 gray dose.
Fruit receiving the 150 gray dose also must either receive a post-
harvest dip in accordance with treatment schedule T102-c as provided in
Sec. 305.42(b) or originate from an orchard or growing area that was
previously treated with a broad-spectrum insecticide during the growing
season and a pre-harvest inspection of the orchard or growing area
found the fruit free of any surface pests as prescribed in a compliance
agreement. Post-treatment inspection in Hawaii is not required if the
fruit undergoes irradiation treatment at the 400 gray dose. Regardless
of irradiation dose, the fruit must be free of stems and leaves.
(F) To be certified for interstate movement under this section,
mangosteen from Hawaii must have the sepals removed and must be
inspected in Hawaii and found free of gray pineapple mealybug
(Dysmicoccus neobrevipes), pink hibiscus mealybug (Maconellicoccus
hirsutus), citrus mealybug (Pseudococcus cryptus), and Thrips florum
before undergoing irradiation treatment in Hawaii at the 150 gray dose.
Fruit receiving the 150 gray dose also must either receive a post-
harvest dip in accordance with treatment schedule T102-c as provided in
Sec. 305.42(b) or originate from an orchard or growing area that was
previously treated with a broad-spectrum insecticide during the growing
season and a pre-harvest inspection of the orchard or growing area
found the fruit free of any surface pests as prescribed in a compliance
agreement. Post-treatment inspection in Hawaii is not required if the
fruit undergoes irradiation treatment at the 400 gray dose. Regardless
of irradiation dose, the fruit must be free of stems and leaves.
(G) To be certified for interstate movement under this section,
melon from Hawaii must be inspected in Hawaii and found free of
spiraling whitefly (Aleurodicus dispersus) before undergoing
irradiation treatment in Hawaii at the 150 gray dose. Fruit receiving
the 150 gray dose also must either receive a post-harvest dip in
accordance with treatment schedule T102-c as provided in Sec.
305.42(b) or originate from an orchard or growing area that was
previously treated with a broad-spectrum insecticide during the growing
season and a pre-harvest inspection of the orchard or growing area
found the fruit free of any surface pests as prescribed in a compliance
agreement. Post-treatment inspection in Hawaii is not required if the
fruit undergoes irradiation treatment at the 400 gray dose. Regardless
of irradiation dose, melons must be washed to remove dirt and must be
free of stems and leaves.
(H) To be certified for interstate movement under this section,
moringa pods from Hawaii must be inspected in Hawaii and found free of
spiraling whitefly (Aleurodicus dispersus), inornate scale (Aonidiella
inornata), green scale (Coccus viridis), and citrus mealybug
(Pseudococcus cryptus) before undergoing irradiation treatment in
Hawaii at the 150 gray dose. Fruit receiving the 150 gray dose also
must either receive a post-harvest dip in accordance with treatment
schedule T102-c as provided in Sec. 305.42(b) or originate from an
orchard or growing area that was previously treated with a broad-
spectrum insecticide during the growing season and a pre-harvest
inspection of the orchard or growing area found the fruit free of any
surface pests as prescribed in a compliance agreement. Post-treatment
inspection in Hawaii is not required if the fruit undergoes irradiation
treatment at the 400 gray dose.
(ii) Limited permit. A limited permit shall be issued by an
inspector for the interstate movement of untreated articles from Hawaii
into the continental United States for treatment in accordance with
this section.
(A) 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.
(B) To be eligible for a limited permit under this section,
untreated 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.
In addition, sweetpotato from Hawaii to be treated with irradiation at
a dose of 150 Gy must be sampled, cut, and inspected in Hawaii and
found free of the ginger weevil (Elytrotreinus subtruncatus) by an
inspector. Sampling, cutting, and inspection must be performed under
conditions that will prevent any pests that may emerge from the sampled
sweetpotatoes from infesting any other sweetpotatoes intended for
interstate movement in accordance with this section.
(C) To be eligible for a limited permit under this section,
breadfruit and jackfruit from Hawaii must be free of stems and leaves
and must originate from an orchard that was previously treated with a
fungicide appropriate for the fungus Phytophthora tropicalis during the
growing season and the fruit must be inspected prior to harvest and
found free of the fungus or, after irradiation treatment, must receive
a post-harvest fungicidal dip appropriate for Phytophthora tropicalis.
(D) To be eligible for a limited permit under this section, fresh
pods of cowpea and its relatives from Hawaii must be
[[Page 64170]]
free of stems and leaves and must be inspected in Hawaii and found free
of the cassava red mite (Oligonychus biharensis) and adults and pupae
of the order Lepidoptera.
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
4. The authority citation for part 318 continues to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Sec. 318.13-4f [Amended]
5. Section 318.13-4f is amended as follows:
a. By adding the word ``breadfruit,'' before the words ``Capsicum
spp. (peppers)''.
b. By adding the words ``cowpea pods,'' before the words
``Cucurbita spp. (squash)''.
c. By adding the word ``dragon fruit,'' before the word
``eggplant''.
d. By adding the word ``jackfruit,'' before the word ``litchi''.
e. By adding the words ``mangosteen, melon, moringa pods'' before
the word ``papaya''.
Done in Washington, DC, this 8th day of November 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-22278 Filed 11-14-07; 8:45 am]
BILLING CODE 3410-34-P