Importation of Fresh Hass Avocado Fruit Grown in Michoacan, Mexico; Proposed Rule

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket 94-116-1]

Importation of Fresh Hass Avocado Fruit Grown in Michoacan,

Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Advance notice of proposed rulemaking and public meetings.

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SUMMARY: The Government of Mexico requested that the Animal and Plant

Health Inspection Service (APHIS) allow the importation into certain

areas of the United States of fresh Hass avocado fruit grown in

approved orchards in approved municipalities in Michoacan, Mexico.

APHIS is currently considering Mexico's request. This notice solicits

public comment and advises the public that APHIS is hosting two public

meetings regarding the importation of fresh Hass avocado fruit grown in

approved orchards in approved municipalities in Michoacan, Mexico.

DATES: Consideration will be given only to comments received on or

before December 13, 1994. The first hearing will be held from 9 a.m.

until 1 p.m. on Monday, November 28, 1994. The second hearing will be

held from 9 a.m. until 4 p.m. on Tuesday, November 29, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 94-116-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue, SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room. The public meetings

will be held on Monday, November 28, 1994, at the Dade County Extension

Building, 18710 SW. 288th Street, Homestead, FL, and on Tuesday,

November 29, 1994, at the Holiday Inn on the Bay at Embarcadero, room

Pacific D, 1355 North Harbor Drive, San Diego, CA.

FOR FURTHER INFORMATION CONTACT: Mr. Victor Harabin, Head, Permit Unit,

Port Operations, Plant Protection and Quarantine, APHIS, USDA, room

631, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782; (301)

436-8645.

SUPPLEMENTARY INFORMATION: The regulations in 7 CFR 319.56 through

319.56-8 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 injurious insects that are new to or

not widely distributed within and throughout the United States. These

regulations include provisions which allow the importation into the

United States of fruits and vegetables from countries that are not free

of plant pests under conditions designed to prevent the introduction of

plant pests into the United States. APHIS developed these regulations

based upon scientific risk assessments and extensive public

participation.

Prior to July 1993, the regulations prohibited the importation into

the United States of Hass avocados from Mexico because of the existence

of various fruit flies and seed weevils in Mexico which can infest

avocados. APHIS conducted a plant pest risk assessment which resulted

in a proposed rule published in the Federal Register on October 19,

1992, to allow the importation of Hass avocados from Michoacan, Mexico,

into the State of Alaska under prescribed conditions (57 FR 47573-

47576, Docket No. 92-111-1). After careful consideration of all

comments received, APHIS adopted a final rule, published in the Federal

Register on July 27, 1993, allowing the importation of Hass avocados

only into the State of Alaska (58 FR 40033-40037, Docket No. 92-111-3).

The rule also requires the Mexican plant protection agency and Mexican

avocado growers to undertake various pest risk mitigation measures,

including pest surveys and pest risk-reducing cultural practices,

packing house procedures, and prescribed inspection and shipping

procedures (7 CFR 319.56-2bb).

On July 5, 1994, the Government of Mexico requested that APHIS

amend its regulations to allow the importation of fresh Hass avocado

fruit grown in approved orchards in approved municipalities in

Michoacan, Mexico, into 19 additional States.1 The Mexican request

is available by calling or writing Mr. Victor Harabin, Head, Permit

Unit, Port Operations, Plant Protection and Quarantine, APHIS, USDA,

room 631, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782;

(301) 436-8645. In addition, copies of the Mexican request will be

available at the public meetings.

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\1\ The 19 States identified in Mexico's request are

Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland,

Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio,

Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and

Wisconsin.

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This advance notice of proposed rulemaking solicits public comment

on the Mexican request through December 13, 1994. To ensure that any

proposed rule will contain all the safeguards, mitigating factors, and

other requirements necessary to prevent the introduction of plant pests

into the United States, APHIS is also seeking comment on the need for

such measures as pest surveys, pest risk-reducing cultural practices,

seasonal shipment limitations based on climatological and biological

data, packinghouse procedures, and prescribed inspection and shipping

procedures. Also, to be certain that APHIS receives and considers all

relevant scientific, technical, and operational data associated with

the request from the Government of Mexico, APHIS is hosting two public

meetings.

After analyzing all comments received either in writing or at the

public meetings, APHIS will decide whether to publish a proposed rule

in the Federal Register regarding the importation of fresh Hass avocado

fruit grown in approved orchards in approved municipalities in

Michoacan, Mexico, into additional States in the United States. Any

proposed rule resulting from this process will be based upon a careful,

scientific plant pest risk assessment and will take into consideration

all written and oral comments received in response to this advance

notice. If a proposed rule is published, APHIS will accept written

comments for at least 60 days and would host two additional public

meetings. This comment period may be extended if necessary, or reopened

to receive further information concerning points raised during the

comment period.

After full analysis and review of all comments received in response

to a proposed rule, a final rule may be published in the Federal

Register which would allow the importation of fresh Hass avocado fruit

grown in approved orchards in approved municipalities in Michoacan,

Mexico, into certain areas of the United States, subject to conditions

specified in the rule. These conditions would contain all of the

safeguards, mitigating factors, and other requirements APHIS believes

necessary to prevent the introduction of plant pests into the United

States. Conditions for importation and the areas to which fresh Hass

avocados from Mexico could be shipped could differ from those proposed.

Shipments of fresh Hass avocado fruit grown in Michoacan, Mexico, could

not begin until a final rule is published in the Federal Register and

all prescribed conditions are met.

Although a time for the completion of a rulemaking proceeding

cannot be predicted with certainty, APHIS anticipates that, no earlier

than 45 days after the close of the comment period for this advance

notice, it would determine whether a proposed rule should be published

in the Federal Register. APHIS would then provide a comment period of

at least 60 days for the proposed rule. To some extent, the time

necessary for the review and analysis of the comments and the

preparation and publication of a final rule will depend on the number

and nature of comments received. APHIS estimates, however, that

publication of a final rule could occur no earlier than 90 days after

the close of the comment period for the proposed rule.

In connection with this notice, and to provide interested persons a

full opportunity to present their views regarding this notice, APHIS

will host two public meetings. The first meeting will be held on

Monday, November 28, 1994, at the Dade County Extension Building, 18710

SW. 288th Street, Homestead, FL. The second meeting will be held on

Tuesday, November 29, 1994, at the Holiday Inn on the Bay at

Embarcadero, room Pacific D, 1355 North Harbor Drive, San Diego, CA.

A representative of APHIS will preside at the public meetings. To

the extent possible, the presiding officer and other representatives of

APHIS will respond to questions regarding the Government of Mexico's

request and the rulemaking process to be followed by APHIS.

Any interested person may appear and be heard in person, by

attorney, or by other representative. Written statements may be

submitted and will be made part of the meeting record. Persons who wish

to speak at the public meetings will be asked to sign in with their

name and organization.

The meeting in Homestead, FL, will begin at 9 a.m. and is scheduled

to end at 1 p.m. local time. The public meeting in San Diego, CA, will

begin at 9 a.m. and is scheduled to end at 4 p.m. local time. However,

the meetings may be terminated at any time if all persons desiring to

speak have been heard. If the number of speakers at the meetings

warrants it, the presiding officer may limit the time for each

presentation so that everyone wishing to speak has the opportunity.

Done in Washington, DC, this 10th day of November 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-28353 Filed 11-14-94; 8:45 am]

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