Interstate Movement of Carambola from Hawaii

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 318

[Docket No. 93-118-1]

Interstate Movement of Carambola from Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow the fruit of carambola to be moved

interstate from Hawaii. As a condition of movement, the fruit of

carambola would be required to undergo prescribed treatment for fruit

flies under the supervision of an inspector of Plant Protection and

Quarantine, Animal and Plant Health Inspection Service. This proposed

action would allow the interstate movement from Hawaii of this fruit

while continuing to provide protection against the spread of injurious

plant pests from Hawaii to other parts of the United States.

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

before May 20, 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. 93-118-1. 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.

FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Cooper, Senior Operations

Officer, Plant Protection and Quarantine, APHIS, USDA, room 635,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-

8295.

SUPPLEMENTARY INFORMATION:

Background

The Hawaiian Fruits and Vegetable regulations (contained in 7 CFR

318.13 through 318.13-17 and referred to below as the regulations)

govern the movement of raw and unprocessed fruits and vegetables, cut

flowers, rice straw, mango seeds, and cactus plants and cactus parts,

from Hawaii into or through the continental United States, Guam, the

Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United

States, or any other territory or possession of the United States.

Under the regulations, any such movement is defined as ``interstate

movement.''

Of the articles governed by the regulations, some are absolutely

prohibited interstate movement. Others are prohibited such movement if

they fail to meet certain qualifying criteria. The interstate movement

of carambola from Hawaii has been prohibited because of the risk that

it could spread injurious insects from Hawaii to other parts of the

United States. We are proposing to amend the regulations by adding

Sec. 318.13-4h to allow the fruit of carambola (Averrhoa carambola) to

be moved interstate from Hawaii under specified conditions, described

below. We are proposing to allow this interstate movement at the

request of various shippers, and after conducting pest risk

analyses1 that indicate that the fruit of carambola can be moved

interstate under the conditions described without significant pest

risk.

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\1\Information on these pest risk analyses may be obtained by

writing to the person listed under FOR FURTHER INFORMATION CONTACT.

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Authorized Treatment for Carambola

Carambola is attacked in Hawaii by the Mediterranean fruit fly

(Ceratitis capitata), the melon fly (Bactrocera cucurbitae), and the

Oriental fruit fly (Bactrocera dorsalis). Although visual inspection

cannot be relied upon to detect the insects, the fruit can be treated

to destroy these pests. Therefore, we are proposing to allow the fruit

of the carambola to be moved interstate from Hawaii only if it has been

treated in accordance with the Plant Protection and Quarantine (PPQ)

Treatment Manual, which has been incorporated by reference into the

Code of Federal Regulations at 7 CFR part 300. We would revise the PPQ

Treatment Manual to show that treatments authorized by the

Administrator of the Animal and Plant Health Inspection Service for

carambola from Hawaii are as follows:

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Exposure

Temperature period

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32 deg.F (0.00 deg.C) or below............................. 10

33 deg.F (0.56 deg.C) or below............................. 11

34 deg.F (1.11 deg.C) or below............................. 12

35 deg.F (1.67 deg.C) or below............................. 14

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This treatment has been determined to be effective against the

insects listed above, based on research evaluated and approved by the

Department. Information on this research may be obtained from the

Hoboken Methods Development Center, Plant Protection and Quarantine,

APHIS, USDA, 209 River Street, Hoboken, NJ, 07030. Pest risk analyses

conducted by APHIS have determined that any other injurious plant pests

that might be carried by carambola would be readily detectable by a PPQ

inspector.

Carambola moved interstate from Hawaii would also be subject to the

requirements in Secs. 318.13-3 and 318.13-4 of the regulations. Section

318.13-3 provides, among other things, that a certificate issued in

accordance with Sec. 318.13-4(b) must be attached to the container of

the regulated article moved interstate from Hawaii, and that the

movement must comply with any applicable compliance agreement under

Sec. 318.13-4(d). Section 318.13-4(b) provides, among other things,

that a certificate may be issued if the article is treated under the

observation of an inspector in accordance with administratively

approved procedure, and is subsequently handled either in accordance

with a compliance agreement or under supervision required by an

inspector.

Nonsubstantive Change

In this proposed rule, we would also make a nonsubstantive change

to add an Office of Management and Budget (OMB) ``control number'' at

the end of Sec. 318.13-4. This number indicates that OMB has reviewed

and approved the information collection and recordkeeping requirements

in that section.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been determined to be not significant for purposes of

Executive Order 12866 and therefore has not been reviewed by the Office

of Management and Budget.

We are proposing to allow the fruit of carambola to move from

Hawaii to other parts of the United States. Safeguards would be

established to prevent the introduction of injurious plant pests from

Hawaii into other parts of the United States.

At present, there are approximately 5 to 10 farms in Hawaii that

produce commercial quantities of carambola. These farms are small,

family-owned, operations.

The changes proposed would provide Hawaiian producers with access

to markets in other parts of the United States. We estimate that

approximately 1,500 to 3,000 pounds of fresh carambola fruit could be

shipped from Hawaii to other parts of the United States annually. These

shipments would have an estimated annual market value of between $3,000

and $9,800, depending on market prices. This represents less than .0002

percent of total Hawaiian agricultural production. The average annual

market value of Hawaiian agricultural products totals about $600

million.

Small shippers of Hawaiian fruits and vegetables would also receive

some benefits from the proposed amendments. We estimate that between 10

and 15 small entities would be able to increase marginally the volume

of products shipped to other parts of the United States.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this rule would not

have a significant economic impact on a substantial number of small

entities.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

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.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this proposed rule have been approved by the Office of

Management and Budget (OMB), and there are no new requirements. The

assigned OMB control number is 0579-0088.

List of Subjects

7 CFR Part 300

Incorporation by reference, Plant diseases and pests, Quarantine.

7 CFR Part 318

Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and

pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin

Islands.

Accordingly, 7 CFR parts 300 and 318 would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 would be revised to read as

follows:

Authority: 7 U.S.C. 150ee, 161, 162; 7 CFR 2.17, 2.51, and

371.2(c).

2. In Sec. 300.1, paragraph (a) would be revised to read as

follows:

Sec. 300.1 Materials incorporated by reference.

(a) The Plant Protection and Quarantine Treatment Manual, which was

revised and reprinted November 30, 1992, and includes all revisions

through ________, has been approved for incorporation by reference in 7

CFR chapter III by the Director of the Office of the Federal Register

in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

* * * * *

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

3. The authority citation for part 318 would continue to read as

follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, 164a,

167; 7 CFR 2.17, 2.51, and 371.2(c).

Sec. 318.13-4 [Amended]

4. Section 318.13-4 would be amended by adding, at the end of the

section, the following:

(Approved by the Office of Management and Budget under control

number 0579-0088)

5. A new Sec. 318.13-4h would be added to read as follows:

Sec. 318.13-4h Administrative instructions; conditions governing the

movement of the fruit of carambola from Hawaii.

(a)(1) Subject to the requirements of Secs. 318.13-3 and 318.13-4

and any other applicable regulations, the fruit of carambola may be

moved interstate from Hawaii only if it is treated under the

supervision of an inspector with a treatment authorized by the

Administrator for the following pests: the Mediterranean fruit fly

(Ceratitis capitata), the melon fly (Bactrocera cucurbitae), and the

Oriental fruit fly (Bactrocera dorsalis).

(2) Treatments authorized by the Administrator are listed in the

Plant Protection and Quarantine Treatment Manual, which is incorporated

by reference at Sec. 300.1 of this chapter.

Done in Washington, DC, this 15th day of March 1994.

Patricia Jensen,

Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-6549 Filed 3-18-94; 8:45 am]

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