[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Rules and Regulations]
[Page 8087-8089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe07-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 8087]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 318
[Docket No. APHIS-2006-0027]
RIN 0579-AC15
Interstate Movement of Fruits and Vegetables From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations to remove vapor heat treatment
as an approved treatment for bell pepper, eggplant, Italian squash, and
tomato moved interstate from Hawaii. This action is necessary because
these four commodities can serve as hosts for the solanum fruit fly,
which has been detected in Hawaii. Vapor heat treatment is not an
approved treatment for that pest. We are also providing for the use of
irradiation as an approved treatment for all Capsicum spp. (peppers)
and Cucurbita spp. (squash) moved interstate from Hawaii. This action
will relieve unnecessary restrictions on the interstate movement of
peppers and squash and allow a greater variety of Capsicum spp. and
Cucurbita spp. to be moved interstate from Hawaii.
EFFECTIVE DATE: March 26, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist,
Commodity Import Analysis and Operations, PPQ, 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. Regulation is necessary to prevent the spread
of dangerous plant diseases and pests that occur in Hawaii. Some fruits
and vegetables regulated under the Hawaiian fruits and vegetables
regulations are allowed to move interstate if they are treated with an
approved treatment for certain plant pests. Lists of approved
treatments for these fruits and vegetables and requirements for
conducting these treatments are contained in 7 CFR part 305.
On October 11, 2006, we published in the Federal Register (71 FR
59694-59696, Docket No. APHIS-2006-0027) a proposal \1\ to amend the
regulations by removing vapor heat treatment as an approved treatment
for bell pepper, eggplant, Italian squash, and tomato moved interstate
from Hawaii. We proposed this action because these four commodities can
serve as hosts for the solanum fruit fly, which has been detected in
Hawaii, and vapor heat treatment is not an approved treatment for that
pest. We also proposed to provide for the use of irradiation as an
approved treatment for all Capsicum spp. (peppers) and Cucurbita spp.
(squash) moved interstate from Hawaii. Treatment with irradiation is
approved to neutralize all fruit flies of the family Tephritidae.
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\1\ To view the proposed rule go to http://www.regulations.gov,
click on the ``Advanced Search'' tab, and select ``Docket Search.''
In the Docket ID field, enter APHIS-2006-0027, then click
``Submit.'' Clicking on the Docket ID link in the search results
page will produce a list of all documents in the docket.
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We solicited comments concerning our proposal for 60 days ending
December 11, 2006. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule, without change.
Executive Order 12866 and Regulatory Flexibility Act
This final 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 rule is in response to a species of fruit fly that has been
detected in Hawaii, the solanum fruit fly (Bactrocera latifrons). Bell
peppers, eggplant, Italian squash, and tomatoes are the four
commodities for which vapor heat treatment has been an approved
treatment that are affected by the solanum fruit fly. Because limited
research has been done regarding the effectiveness of vapor heat
treatment at neutralizing solanum fruit fly, APHIS is removing vapor
heat treatment from the list of approved treatments for bell peppers,
eggplant, Italian squash, and tomatoes moved interstate from Hawaii.
While vapor heat treatment will no longer be an approved treatment,
irradiation is an approved treatment for the interstate movement of
bell peppers and Italian squash from Hawaii. We are amending the
regulations to approve irradiation as a treatment for all species of
the genus Capsicum (peppers), not just bell peppers, and all species of
the genus Cucurbita (squash), not just the Italian squash. APHIS has
previously determined that an irradiation dose of 150 gray is
sufficient to neutralize all fruit flies that affect Capsicum spp. and
Cucurbita spp. in Hawaii, including the solanum fruit fly.
Approximately $15.4 million worth of eggplant, green peppers,
Italian squash, Oriental squash, and tomatoes were produced in the
State of Hawaii in 2004, amounting to 52 million pounds (table 1).
However, none of the eggplant, green peppers, Italian squash, or
tomatoes produced in Hawaii in 2004 was moved interstate to the U.S.
mainland. According to the Hawaii Department of Agriculture, none of
these commodities has been moved interstate from Hawaii to the U.S.
mainland within the last 2 years.
[[Page 8088]]
Table 1.--Production and Value of Hawaiian Eggplant, Peppers, Squash,
and Tomatoes, 2004
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Commodity Quantity (lb) Value
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Eggplant................................ 1,050,000 $809,000
Peppers (Green)......................... 3,200,000 2,208,000
Squash (Italian, Oriental).............. 2,350,000 1,263,000
Tomatoes................................ 16,800,000 11,088,000
-------------------------------
Total............................... 52,200,000 15,368,000
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Source: USDA, Hawaii Agricultural Statistics, 2006.
The regulations will continue to give Hawaiian entities the
opportunity to move Capsicum spp. and Cucurbita spp. interstate. While
vapor heat treatment will no longer be an approved treatment for bell
peppers and Italian squash, irradiation will become an approved
treatment for all Capsicum spp. and Cucurbita spp. Irradiation will
continue to be an approved treatment for eggplant and tomatoes as well.
Accordingly, we do not expect that this rule will have a
significant economic impact on a substantial number of small entities.
This rule is necessary to safeguard the U.S. mainland from the
introduction of solanum fruit fly (Bactrocera latifrons). Because in
recent years eggplant, peppers, squash, and tomatoes have not been
moved interstate from Hawaii, the rule is not expected to have a
significant impact on small or large entities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This 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.).
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.
0
Accordingly, we are amending 7 CFR parts 305 and 318 as follows:
PART 305--PHYTOSANITARY TREATMENTS
0
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 CFR 2.22, 2.80, and 371.3.
0
2. In Sec. 305.2, in the table in paragraph (h)(2)(ii), the entry for
Hawaii is amended as follows:
0
a. By removing the entries for ``Bell pepper'' and ``Squash, Italian''.
0
b. By adding, in alphabetical order, entries for ``Capsicum spp.
(peppers)'' and ``Cucurbita spp. (squash)'' to read as set forth below.
0
c. By revising the entries for ``Eggplant'' and ``Tomato'' to read as
set forth below
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(ii) * * *
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Location Commodity Pest Treatment schedule
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* * * * * * *
Hawaii............................. ...................... ........................... ......................
* * * * * * *
Capsicum spp. Fruit flies of the family IR.
(peppers). Tephritidae.
* * * * * * *
Cucurbita spp. Fruit flies of the family IR.
(squash). Tephritidae.
Eggplant.............. Fruit flies of the family IR.
Tephritidae.
* * * * * * *
Tomato................ Fruit flies of the family IR. MB T101-c-3.
Tephritidae Ceratitis
capitata.
* * * * * * *
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* * * * *
0
3. In Sec. 305.34, in paragraph (a)(1), the table is amended as
follows:
0
a. By removing the entries for ``Bell pepper'' and ``Italian squash''.
[[Page 8089]]
0
b. By adding, in alphabetical order, entries for ``Capsicum spp.
(peppers)'' and ``Cucurbita spp. (squash)'' to read as set forth below.
Sec. 305.34 Irradiation treatment of certain fruits and vegetables
from Hawaii, Puerto Rico, and the U.S. Virgin Islands.
(a) * * *
(1) * * *
Irradiation for Plant Pests in Hawaiian Fruits and Vegetables
------------------------------------------------------------------------
Commodity Dose (gray)
------------------------------------------------------------------------
* * * * *
Capsicum spp. (peppers)................................. 150
* * * * *
Cucurbita spp. (squash)................................. 150
* * * * *
------------------------------------------------------------------------
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
0
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. 318.13-4b [Amended]
0
5. In Sec. 318.13-4b, paragraph (b) is amended as follows:
0
a. By removing the words ``bell peppers'' and adding the words
``Capsicum spp. (peppers)'' in their place.
0
b. By adding the words ``Cucurbita spp. (squash),'' after the word
``carambolas,''.
0
c. By removing the words ``Italian squash,''.
Sec. 318.13-4f [Amended]
0
6. Section 318.13-4f is amended as follows:
0
a. By removing the words ``bell pepper'' and adding the words
``Capsicum spp. (peppers)'' in their place.
0
b. By adding the words ``Cucurbita spp. (squash),'' after the word
``carambola,''.
0
c. By removing the words ``Italian squash,''.
Done in Washington, DC, this 16th day of February 2007.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-3124 Filed 2-22-07; 8:45 am]
BILLING CODE 3410-34-P