FR Doc E8-6799

[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Proposed Rules]
[Page 17930-17935]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap08-16]

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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 17930]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 319

[Docket No. APHIS-2006-0189]
RIN 0579-AC67

Movement of Hass Avocados From Areas Where Mexican Fruit Fly or
Sapote Fruit Fly Exist

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to relieve certain restrictions regarding the
movement of Hass variety avocados. Specifically, we are proposing to
amend our domestic quarantined regulations to provide for the
interstate movement of Hass avocados from Mexican fruit fly and sapote
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 proposing to amend our foreign quarantined
regulations to remove trapping and bait spray treatment requirements
related to Anastrepha spp. fruit flies for imported Hass avocados from
Michoacan, Mexico. These actions are warranted in light of research
demonstrating the limited host status of Hass avocados to various
species of fruit flies in the genus Anastrepha, including Mexican fruit
fly and sapote fruit fly. By amending our domestic and foreign
quarantined regulations, we would make our domestic and foreign
requirements for movement of Hass avocados consistent with each other
and would relieve restrictions for Mexican Hass avocado producers. In
addition, this action would provide an alternative means for Hass
avocados to be moved interstate if the avocados originate from a
Mexican fruit fly or sapote fruit fly quarantined area in the United
States.

DATES: We will consider all comments that we receive on or before June
2, 2008.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0189 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2006-0189, 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-2006-0189.
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: Regarding the interstate movement of
Hass avocados from Mexican fruit fly and sapote fruit fly quarantined
areas, contact Mr. Wayne D. Burnett, Domestic Coordinator, Fruit Fly
Exclusion and Detection, PPQ, APHIS, 4700 River Road Unit 137,
Riverdale, MD 20737-1231; (301) 734-6553. Regarding import conditions
for Hass avocados from Mexico, contact Mr. David B. Lamb, Import
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-4312.

SUPPLEMENTARY INFORMATION:

Background

The domestic Mexican fruit fly regulations, contained in 7 CFR
301.64 through 301.64-10, and the domestic sapote fruit fly
regulations, contained in 7 CFR 301.99 through 301.99-10 (referred to
below as the regulations), were established to prevent the spread of
the Mexican fruit fly (Anastrepha ludens) and the sapote fruit fly
(Anastrepha serpentina), respectively, 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 in the regulations in Sec. Sec. 301.64-2 and
301.99-2. Because avocados are listed as regulated articles, they may
not be moved interstate from a quarantined area unless the movement is
authorized by a certificate or a 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.
Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56 through 319.56-47), the Animal and Plant Health Inspection
Service (APHIS) prohibits or restricts the importation of fruits and
vegetables into the United States from certain parts of the world to
prevent plant pests from being introduced into and spread within the
United States. The requirements for importing Hass variety avocados
into the United States from Michoacan, 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.
In a final rule published on November 30, 2004, in the Federal
Register (69 FR 69749-69722, Docket No. 03-022-5) and made effective on
January 31, 2005, we amended the regulations governing the importation
of fruits and vegetables to expand the number of States in which fresh
Hass avocado fruit grown in approved orchards in approved
municipalities in Michoacan, Mexico, may be distributed. Some
commenters to the proposed rule stated that the research \1\ used by
APHIS in its risk

[[Page 17931]]

assessment \2\ supported removing Anastrepha ludens and Anastrepha
striata from the list of pests of Hass avocados grown in Mexico that
follow the pathway. We stated that while Hass avocados are a ``very
poor host'' of Mexican fruit fly, we planned to work with Mexico, the
Agricultural Research Service, and independent researchers in the
scientific community to further evaluate the host status issue of Hass
avocado and Anastrepha spp. fruit flies and determine which species
should be removed from the pest list.
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\1\ Aluja, M., F. Diaz-Fleischer, and J. Arrendondo, Nonhost
Status of Commercial Persea americana `Hass' to Anastrepha ludens,
Anastrepha obliqua, Anastrepha serpentina and Anastrepha striata
(Diptera: Tephritidae) in Mexico, Journal of Economic Entomology,
Volume 97, Issue 2 (April 2004).
\2\ USDA, 2004. Importation of Avocado Fruit (Persea americana
Mill. var. Hass) from Mexico. A Risk Assessment. November 2004,
USDA, APHIS, PPQ, CPHST, MD.
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In August 2006, the California Avocado Commission submitted a
request that we relieve restrictions on the movement of avocados under
our domestic Mexican fruit fly and sapote fruit fly regulations. In
July 2006, the Government of Mexico also requested that APHIS amend the
regulations for the movement of Hass avocados from Michoacan, Mexico
into the United States. Both requests asked APHIS to consider the Aluja
et al. (2004) study regarding the limited host status of Hass avocados
to various species of fruit flies in the genus Anastrepha, including
Mexican fruit fly and sapote fruit fly. In response to the request from
the Government of Mexico, we prepared a risk management document,
titled ``Removal of Anastrepha Fruit Fly Trapping Requirements from
Mexican `Hass' Avocados for Importation into the United States,'' which
evaluated the risk for the introduction of Anastrepha spp. from Mexican
Hass avocados. The conclusions of the risk management document
supported the Aluja et al. study, which demonstrated that Hass avocados
are not a natural host (i.e., a host under field conditions) of
Anastrepha spp., and are only marginally susceptible to attack by
Mexican fruit fly 24 hours after being removed from the tree. Copies of
the risk management document may 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).
Based on the findings of the Aluja et al. research and the risk
management document, we are proposing to amend the import regulations
to remove trapping requirements for Anastrepha spp. fruit flies for
Hass avocados imported from Mexico. The findings of the risk management
document also support providing alternatives to treatment for domestic
Hass avocado producers. Therefore, we are also proposing to provide for
the interstate movement of Hass avocados from Mexican fruit fly and
sapote fruit fly domestic quarantined areas under certificate if the
fruit is safeguarded after harvest in accordance with specific
phytosanitary measures. Those measures would be similar to those that
currently apply to fruit harvested under the Mexican avocado import
program, which has been in place since 1997 and has a proven record of
efficacy. The proposed measures do not include all of the provisions
from the Mexican avocado import program (e.g., removal of dead
branches, cleaning of avocado fruit, etc.) because some of those
measures address risks posed by pests that are not of concern in the
United States (e.g., seed and stem weevils). These proposed changes are
discussed in more detail in the following paragraphs.

Orchard Sanitation and Safeguarding Requirements

In our domestic Mexican fruit fly and sapote fruit fly regulations,
we would add a new section (Sec. Sec. 301.64-11(a) and 301.99-11(a),
respectively) in which we would set forth orchard sanitation measures
that would be required for Hass avocados from any Mexican fruit fly or
sapote fruit fly quarantined area before a certificate for the
interstate movement of Hass avocados could be issued. These provisions
would require that fallen fruit not be included in field boxes of fruit
to be packed for shipping. Fallen avocado fruit can be overripe or
damaged, and such fruit is more likely to be infested by pests.
We would also require that harvested avocados be moved from the
orchard to the packinghouse within 3 hours of harvest; if more than 3
hours pass between the time the avocados are harvested and the time
they are moved to the packinghouse, the avocados would have to be
protected from fruit fly infestation while awaiting transport. When the
avocados are moved from the orchard to the packinghouse, they would
have to be protected from fruit fly infestations and be accompanied by
a field record indicating the location of the orchard where the
avocados originated.

Packinghouse Requirements

In proposed Sec. Sec. 301.64-11(b) and 301.99-11(b), we would set
forth packinghouse requirements for Hass avocados packed at
packinghouses inside areas quarantined for Mexican fruit fly and sapote
fruit fly, respectively. All windows and other openings in the
packinghouse would have to be covered by screening with openings of not
more than 1.6 mm to prevent the entry of insects. Also, packinghouses
would have to have double-door systems at the entrances to the
facility, as well as at the entrance to the packing area for avocados
intended for interstate movement.
The identity of the avocados would have to be maintained from the
field boxes or containers to the shipping boxes. The fruit would have
to be packed in field boxes or containers with the grower and
packinghouse clearly identified on those boxes. Maintaining the
identity of the avocados from the field boxes or containers to the
shipping boxes would ensure that any infested fruit could be traced
back to the orchard where it was grown.
After being loaded into the boxes, the avocados would have to be
placed into a refrigerated truck or refrigerated container for transit
through the quarantined area. Prior to leaving the packinghouse, the
truck or container would have to be secured with a seal that would be
broken when the truck or container is opened. Once sealed, the
refrigerated truck or refrigerated container would have to remain
unopened until it is outside the quarantined area. Any avocados that
had not been loaded into a refrigerated truck or refrigerated container
by the end of the workday would have to be kept inside the screened
packinghouse.

Importation of Hass Avocados From Mexico

As stated previously in this document, the Government of Mexico
requested that APHIS relieve restrictions on the movement of Hass
avocados from Mexico into the United States after considering research
on the nonhost status of Hass avocados to Anastrepha spp. In light of
this evidence, we believe that trapping requirements for Anastrepha
spp. fruit flies are no longer warranted. Therefore, we are proposing
to amend Sec. 319.56-30 by removing paragraph (c)(2)(ii), which
contains trapping and bait spray requirements for Anastrepha spp. fruit
flies. We would continue to require Mexican Hass avocados to undergo
the post-harvest safeguarding and other requirements in Sec. 319.56-30
to be eligible for importation into the United States.

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

[[Page 17932]]

significant for the purposes of Executive Order 12866 and, therefore,
has not been reviewed by the Office of Management and Budget.
We are proposing to relieve certain restrictions regarding the
interstate movement of Hass variety avocados from domestic quarantined
areas and provide for an alternate means to obtain a certificate for
interstate transport. Specifically, we are proposing to provide for the
interstate movement of Hass avocados from Mexican fruit fly and sapote
fruit fly domestic quarantined areas under certificate if the fruit is
safeguarded after harvest in accordance with certain phytosanitary
measures. We are also proposing to remove trapping and bait spray
treatment requirements related to Anastrepha spp. fruit flies for
imported Hass avocados from Mexico. This action is warranted in light
of research demonstrating the limited host status of Hass avocados to
various species of fruit flies in the genus Anastrepha, including
Mexican fruit fly and sapote fruit fly. This action would make our
domestic and foreign requirements for movement of Hass avocados
consistent and would relieve restrictions for Mexican Hass avocado
producers. In addition, this action would provide an alternative means
for Hass avocados to be moved interstate if the avocados originate from
a Mexican fruit fly or sapote fruit fly domestic quarantined area in
the United States.

Effects on Small Entities

In 2006, the United States produced more than 282,000 tons of
avocados worth approximately $361 million. California was responsible
for producing more than 95 percent of all avocados in the United
States. According to the California Avocado Commission, of the nearly
500 varieties of avocado, 7 varieties are grown commercially in
California and the Hass variety accounts for approximately 95 percent
of the total crop production. Avocado production in Mexico was
estimated at more than 1 million tons in 2006. Hass avocado exports to
the United States from Mexico in 2006 were estimated to be greater than
130,000 tons.\3\
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\3\ USDA-FAS. ``Mexico Avocado Annual 2005.'' Gain Report Number
MX5107.

Table 1.--U.S. Avocado Production, 2006
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Production
State Bearing acres Tons value ($1,000)
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California...................................................... 62,000 270,000 $ 345,600
Florida......................................................... 5,300 12,000 15,360
Hawaii.......................................................... 300 400 512
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U.S. Total.................................................. 67,600 282,400 361,472
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Source: USDA--National Agricultural Statistics Service (NASS), Noncitrus Fruits and Nuts 2006.

According to the California Avocado Commission, California avocado
producers averaged approximately 9,700 pounds of avocados per bearing
acre, worth approximately $0.57 per pound in 2006, and yielding a gross
return per bearing acre of approximately $5,500. The cash costs of
avocado production depend upon the age of the orchard and the yield per
acre.\4\ A study that investigated the production costs and
profitability of avocado production in California's Ventura and Santa
Barbara Counties found that cash costs are equivalent to approximately
42 percent of gross revenue.\5\ In table 2, we use this percentage to
evaluate the savings to producers that may be realized because of the
proposed changes. Holding all else constant, cash costs of production
in 2006 were approximately $2,300 per acre, and net returns over cash
costs were approximately $3,200 per acre.
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\4\ Cash costs include herbicide/pesticide/rodenticide,
treatment, fertilizer, water, labor, fuel, etc. and exclude such
overhead items as land rent, equipment, buildings, tools, irrigation
systems, sprinklers, and amortized establishment expenses.
\5\ Takele, et al., ``Avocado Sample Establishment and
Production Costs and Profitability Analysis for Ventura and Santa
Barbara Counties, Based on 2001 Data Collected in Ventura and Santa
Barbara Counties, California,'' UCCE Southern California.
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The seasonal cost of treating avocado orchards infested with
Mexican fruit fly or sapote fruit fly ranges from $5 per acre for the
ground application of malathion to $230 per acre for the aerial
application of malathion. The seasonal cost of treating organic avocado
orchards infested with fruit flies ranges from $96 per acre for the
ground application of Naturalyte,\6\ to $300 per acre for the aerial
application of Naturalyte. The costs of treatment for fruit flies in
this example could result in a decrease in net returns over cash costs
ranging from less than 1 percent to more than 9 percent, as indicated
in table 2. Both U.S. and Mexican avocado producers would benefit by
eliminating these costs of treating fruit fly infested avocado groves
without risking the spread of the fruit flies.
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\6\ Spinosad is the first active ingredient in Naturalyte, a
class of insect control products approved for organic products.

Table 2.--Example of Effects of Fruit Fly Treatment Costs on Avocado Producers' Net Returns, 2006
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Decrease in
Cash costs \1\ net returns
Impact of fruit fly treatment costs on net returns per acre Cost per acre (including \2\ over cash
treatment costs
cost) per acre (percent)
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Ground treatment of Malathion................................... $5 $2,315 0.16
Aerial treatment of Malathion................................... 230 2,540 7.2
Ground treatment of Naturalyte.................................. 96 2,406 3
Aerial treatment of Naturalyte.................................. 300 2,610 9.4
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\1\ Cash costs without treatment are $2,310 per acre.
\2\ Net returns are $3,190 per acre (Gross returns minus cash costs, $5,500-2,310 = $3,190).

[[Page 17933]]

In 2002, approximately 8,000 acres of avocados were treated in San
Diego County, CA, due to a Mexican fruit fly infestation. The costs of
applying Malathion or Naturalyte were estimated to be greater than $1
million.
Under the Small Business Administration's criteria, the domestic
Hass avocado producers potentially affected by this action are
considered small entities if they have annual receipts of not more than
$750,000.\7\ According to the 2002 Census of Agriculture, 98 percent of
avocado farms had less than 100 acres under production, resulting in
annual receipts of not more than $750,000.\8\
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\7\ NAICS code 111339, Other Non-citrus Fruit Farming.
\8\ California Avocado Commission. Gross value per avocado acre:
$4,314, calendar year 2002.
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The proposed changes would harmonize the domestic and foreign
requirements for movement of Hass avocados from areas where Mexican
fruit fly or sapote fruit fly are present. In Mexican fruit fly or
sapote fruit fly domestic quarantined areas, the proposed changes would
benefit the Hass avocado producers within the United States by
eliminating the cost of bait spray treatment.
The average domestic avocado producer would avoid the 0.16 to 9.4
percent decrease in net returns over cash costs indicated in table 2.
However, the savings would be realized only when an area is under
quarantine for Mexican fruit fly or sapote fruit fly since bait sprays
are required only in quarantined areas.
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 the
movement of Hass avocados from areas where Mexican fruit fly and sapote
fruit fly exist, 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-
2006-0189. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0189, 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.
We are proposing to amend our domestic quarantined regulations to
provide for the interstate movement of Hass avocados from Mexican fruit
fly and sapote fruit fly domestic quarantined areas with a certificate
if the fruit is safeguarded after harvest in accordance with specific
measures. The proposed measures would necessitate the use of certain
information collection activities, including the submission of
certificates and field records as well as identifying orchards and
packinghouses on field boxes and containers.
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 0.0416 hours per response.
Respondents: U.S. Hass avocado producers.
Estimated annual number of respondents: 46.
Estimated annual number of responses per respondent: 210.7826.
Estimated annual number of responses: 9,696.
Estimated total annual burden on respondents: 403 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 to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS'

[[Page 17934]]

Information Collection Coordinator, at (301) 734-7477.

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 propose to amend 7 CFR parts 301 and 319 as
follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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).

2. Section 301.64-5 is amended as follows:
a. In paragraph (a)(1)(iii), by removing the word ``and'' and
adding the word ``or'' in its place.
b. By adding a new paragraph (a)(1)(iv) to read as set forth below.

Sec. 301.64-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(1) * * *
(iv) Determines that the regulated articles are Hass variety
avocados that have been harvested, safeguarded, and packed in
accordance with the conditions in Sec. 301.64-11; and
* * * * *
3. A new Sec. 301.64-11 is added to read as follows:

Sec. 301.64-11 Conditions for interstate movement of Hass avocados
from quarantined areas.

(a) Orchard sanitation and safeguarding requirements. (1) Hass
avocado fruit that has fallen from the trees may not be included in
field boxes of fruit to be packed for shipping.
(2) Harvested Hass avocados must be placed in field boxes or
containers of field boxes that are marked to show the location of the
orchard. The avocados must be moved from the orchard to the
packinghouse within 3 hours of harvest or they must be protected from
fruit fly infestation until moved.
(3) Hass avocados must be protected from fruit fly infestations
during their movement from the orchard to the packinghouse and must be
accompanied by a field record indicating the location of the orchard
where the avocados originated.
(b) Packinghouse requirements. If Hass avocados are packed at a
packinghouse inside the quarantined area, the following conditions must
also be met:
(1) All openings to the outside of the packinghouse must be covered
by screening with openings of not more than 1.6 mm or by some other
barrier that prevents insects from entering the packinghouse.
(2) The packinghouse must have double doors at the entrance to the
facility and at the interior entrance to the area where the avocados
are packed.
(3) The identity of the avocados must be maintained from field
boxes or containers to the shipping boxes so the avocados can be traced
back to the orchard in which they were grown.
(4) The Hass avocados must be packed in boxes or crates. The boxes
or crates must be clearly marked with the identity of the grower and
the packinghouse.
(5) The boxes must be placed in a refrigerated truck or
refrigerated container and remain in that truck or container while in
transit through the quarantined area. Prior to leaving the
packinghouse, the truck or container must be secured with a seal that
will be broken when the truck or container is opened. Once sealed, the
refrigerated truck or refrigerated container must remain unopened until
it is outside the quarantined area.
(6) Any avocados that have not been packed or loaded into a
refrigerated truck or refrigerated container by the end of the workday
must be kept inside the screened packinghouse.
4. Section 301.99-5 is amended as follows:
(a) In paragraph (a)(1)(iii) by removing the word ``and'' and
adding the word ``or'' in its place.
(b) By adding a new paragraph (a)(1)(iv) to read as set forth
below.

Sec. 301.99-5 Issuance and cancellation of certificates and limited
permits.

(a) * * *
(1) * * *
(iv) The regulated articles are Hass variety avocados that have
been harvested, safeguarded, and packed in accordance with the
conditions in Sec. 301.99-11; and
* * * * *
5. A new Sec. 301.99-11 is added to read as follows:

Sec. 301.99-11 Conditions for interstate movement of Hass avocados
from quarantined areas.

[[Page 17935]]

PART 319--FOREIGN QUARANTINE NOTICES

6. 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]

7. Section 319.56-30 is amended by removing paragraph (c)(2)(ii)
and redesignating paragraphs (c)(2)(iii) through (c)(2)(vi) as
paragraphs (c)(2)(ii) through (c)(2)(v), respectively.

Done in Washington, DC, this 27th day of March 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-6799 Filed 4-1-08; 8:45 am]

BILLING CODE 3410-34-P