[Federal Register Volume 75, Number 209 (Friday, October 29, 2010)]
[Rules and Regulations]
[Pages 66643-66644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27426]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 /
Rules and Regulations
[[Page 66643]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2008-0016]
RIN 0579-AD15
Importation of Mexican Hass Avocados; Additional Shipping Options
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations for the importation of Hass
avocados originating in Michoac[aacute]n, Mexico, into the United
States by adding the option to ship avocados to the United States in
bulk shipping bins when safeguarding is maintained from the
packinghouse to the port of first arrival in the United States and by
making it clear that the avocados may be shipped by land, sea, or air.
We are also amending the regulations to allow avocados from multiple
packinghouses that participate in the avocado export program to be
combined into one consignment. We are taking these actions in response
to requests from the Government of Mexico and inquiries from a U.S.
maritime port. These actions will allow additional options for shipping
Hass avocados from Mexico to the United States and allow Mexican
exporters to ship full container or truck loads from multiple
packinghouses while continuing to provide an appropriate level of
protection against the introduction of plant pests.
DATES: Effective Date: November 29, 2010.
FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist,
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1236; (301) 734-0627.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-50) prohibit or restrict the importation of
fruits and vegetables into the United States from certain parts of the
world to prevent the introduction and dissemination of plant pests,
including fruit flies, that are new to or not widely distributed within
the United States.
Under the regulations in Sec. 319.56-30 (referred to below as the
regulations), fresh Hass avocado fruit grown in approved orchards in
approved municipalities in Michoacan, Mexico, may be imported into
specified areas of the United States after meeting the requirements of
a systems approach. The systems approach, which is described in the
regulations, includes surveys for pathway pests in municipalities and
orchards; municipality, orchard, and packinghouse certification;
protection of harvested fruit from infestation; shipment in sealed,
refrigerated trucks or containers; and the cutting and inspection of
fruit in orchards, in packinghouses, and at ports of entry. The overlap
of the phytosanitary measures helps ensure the effectiveness of the
systems approach.
On May 27, 2010, we published in the Federal Register (75 FR 29680-
29684, Docket No. APHIS-2008-0016) a proposal \1\ to amend the
regulations by adding the option to ship avocados to the United States
in bulk shipping bins when safeguarding is maintained from the
packinghouse to the port of first arrival in the United States and by
making it clear that the avocados may be shipped by land, sea, or air.
We also proposed to allow avocados from multiple packinghouses that
participate in the avocado export program to be combined into one
consignment.
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\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0016.
_____________________________________-
We solicited comments concerning our proposal for 60 days ending
July 26, 2010. We received three comments by that date, from the
operators of a U.S. maritime port, an association of Mexican Hass
avocado producers, packers, and exporters, and a State department of
agriculture. Two commenters were in favor of adopting the rule as
proposed.
The remaining commenter expressed concern that allowing
consignments of avocados from multiple packinghouses might result in
difficulties with traceback in the event of a pest introduction.
The regulations require that the boxes or crates must be clearly
marked with the identity of the grower, packinghouse, and exporter. We
are adding the option to use bulk shipping bins as well as boxes or
crates, but we are also continuing to require the identifying markings
for boxes, crates, or bins in any consignment of avocados, whether from
a single packinghouse or from multiple packinghouses. Furthermore,
avocados from multiple packinghouses will not be commingled in the same
box, crate, or bulk shipping bin. Instead, the regulations will allow a
refrigerated truck or refrigerated shipping container to be loaded with
full boxes, crates, or bulk shipping bins from more than one approved
packinghouse when phytosanitary safeguarding is maintained. We believe
that the existing marking provisions will continue to provide
sufficient information to conduct a traceback investigation in the
event of a pest introduction. We are making no changes in response to
this comment.
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 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.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
Currently, Hass avocado exports from Michoac[aacute]n, Mexico, are
allowed to enter all 50 States throughout the year. Since
[[Page 66644]]
there is no limit to the volume that may be shipped, market forces of
supply and demand and the extent to which any maritime shipments are in
addition to--rather than in place of--shipments by truck will determine
the size of any market effects of the rule. These actions will allow
additional options for shipping Hass avocados from Mexico to the United
States and allow Mexican exporters to ship full container or truck
loads from multiple packinghouses while continuing to provide an
appropriate level of protection against the introduction of plant
pests.
U.S. producers of avocado are predominantly small entities. Other
small entities that theoretically could be affected by the rule include
fresh avocado importers, brokers, truck drivers, and maritime shippers.
The price and supply impacts that this rule may have on U.S. entities
are not known.
Executive Order 12988
This final rule allows Hass avocados to be imported into the United
States from Mexico in bulk consignments and in consignments from
multiple packinghouses when phytosanitary safeguarding is maintained
from the packinghouse to the first port of entry in the United States.
State and local laws and regulations regarding Hass avocados imported
under this rule will be preempted while the fruit is in foreign
commerce. Fresh avocados are generally imported for immediate
distribution and sale to the consuming public, and remain in foreign
commerce until sold to the ultimate consumer. The question of when
foreign commerce ceases in other cases must be addressed on a case-by-
case basis. No retroactive effect will be given to this rule, and this
rule will not require administrative proceedings before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. 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.
0
2. Section 319.56-30 is amended as follows:
0
a. In paragraph (c)(3)(v), by removing the words ``shipping boxes'' and
adding the words ``containers in which they will be shipped'' in their
place.
0
b. In paragraph (c)(3)(vi), by removing the words ``in boxes'' and
adding the words ``for shipping'' in their place.
0
c. By revising paragraphs (c)(3)(vii) and (c)(3)(viii) to read as set
forth below.
0
d. By removing paragraphs (f) and (g) and redesignating paragraphs (h)
and (i) as paragraphs (f) and (g), respectively.
0
e. In newly redesignated paragraph (g), by adding the words ``, crates,
or bulk shipping bins'' after the words ``original shipping boxes'' and
by removing the words ``new boxes'' and adding the words ``new
packaging'' in their place.
Sec. 319.56-30 Hass avocados from Michoacan, Mexico.
* * * * *
(c) * * *
(3) * * *
(vii) The avocados must be packed in clean, new boxes or bulk
shipping bins, or in clean plastic reusable crates. The boxes, bins, or
crates must be clearly marked with the identity of the grower,
packinghouse, and exporter, and with the statement ``Not for
importation or distribution in Puerto Rico or U.S. Territories.'' The
boxes, bins, or crates must be covered with a lid, insect-proof mesh,
or other material to protect the avocados from fruit-fly infestation
prior to leaving the packinghouse. Those safeguards must be intact at
the time the consignment arrives in the United States.
(viii) The packed avocados must be placed in a refrigerated truck
or refrigerated container and remain in that truck or container while
in transit through Mexico to the port of export for consignments
shipped by air or sea or the port of first arrival in the United States
for consignments shipped by land. Prior to leaving the packinghouse,
the truck or container must be secured by the Mexican NPPO with a seal
that will be broken when the truck or container is opened. The seal may
be broken and a new seal applied by the Mexican NPPO if the truck or
container stops at another approved packinghouse for additional
avocados meeting the requirements of this section to be placed in the
truck or container. The seal on the refrigerated truck or refrigerated
container must be intact at the time the truck or container reaches the
port of export in Mexico or the port of first arrival in the United
States.
* * * * *
Done in Washington, DC, this 25th day of October 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-27426 Filed 10-28-10; 8:45 am]
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