# Importation of Fresh Hass Avocado Fruit Grown in Michoacan, Mexico; Proposed Rule > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-28353 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 15, 1994 ## Text 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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] BILLING CODE 3410-34-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-28353. Public record. Not legal advice.