Sharwil Avocados From Hawaii

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 318

[Docket No. 95-028-1]

Sharwil Avocados From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow Sharwil avocados to be moved

interstate from Hawaii after undergoing cold treatment for fruit flies

under the supervision of an inspector of the Animal and Plant Health

Inspection Service. Currently, the only authorized treatments for

avocados to be moved interstate from Hawaii are methyl bromide

fumigation and a combination of methyl bromide fumigation and

refrigeration. This proposed action would facilitate the interstate

movement of Sharwil avocados from Hawaii 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 November 1, 1995.

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

Docket No. 95-028-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-028-1. 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. Peter M. Grosser or Mr. Frank E.

Cooper, Senior Staff Officers, Port Operations, PPQ, APHIS, 4700 River

Road Unit 139, Riverdale, MD 20737-1236, (301) 734-8295.

SUPPLEMENTARY INFORMATION:

Background

The Hawaiian Fruits and Vegetables regulations, contained in 7 CFR

318.13 through 318.13-17 (referred to below as the regulations),

govern, among other things, the interstate movement from Hawaii of

avocados in a raw or unprocessed state. Regulation is necessary to

prevent the spread of the Mediterranean fruit fly (Ceratitis capitata),

the melon fly (Dacus cucurbitae), and the Oriental fruit fly

(Bactrocera dorsalis). These types of fruit flies are collectively

referred to as Trifly.

The current regulations allow avocados to be moved interstate from

Hawaii to any destination in the United States only if, among other

things, they have been treated in accordance with a treatment specified

in either Sec. 318.13-4d or Sec. 318.13-4e of the regulations. The

regulations allow untreated avocados from Hawaii to be moved interstate

to Alaska only, provided that they meet conditions specified in

Sec. 318.13-4g to ensure that avocados moved to Alaska are free from

Trifly.

Section 318.13-4d provides for treatment of avocados by fumigation

with methyl bromide. This treatment causes pitting and internal and

external discoloration, and reduces the shelf life of the avocado by 2-

4 days, all of which adversely affect the marketability of the

avocados. Section 318.13-4e provides for treatment of mature green

avocados by fumigation with methyl bromide followed by refrigeration

for 7 days. This treatment is not commercially feasible, because after

avocados are refrigerated for 7 days the remaining shelf life is not

sufficient for marketing purposes. For these reasons, avocados from

Hawaii are not being treated and shipped interstate.

We are proposing to amend the regulations governing the interstate

movement of Hawaiian fruits and vegetables to allow the interstate

movement of Sharwil avocados from Hawaii provided they undergo cold

treatment for Trifly. The authorized cold treatment would be as

follows:

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Exposure

Treatment period

(days)

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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

U.S. Department of Agriculture. Information on this research may be

obtained from the Oxford Plant Protection Center, AQI Branch, Plant

Protection and Quarantine, APHIS, USDA, 901 Hillsboro Street, Oxford,

NC, 27575. Pest risk analyses conducted by the Animal and Plant Health

Inspection Service (APHIS) have determined that any other injurious

plant pests that might be carried by Sharwil avocados would be readily

detectable upon examination by an inspector of Plant Protection and

Quarantine (PPQ), APHIS.

Cold treatment of avocados generally causes discoloration and

pitting. However, the Agricultural Research Service, U.S. Department of

Agriculture, has tested a method of pretreatment conditioning for

Sharwil avocados that induces tolerance to cold treatment, making cold

treatment for the Sharwil variety commercially feasible (HortScience

29(10):1166-1168.1994.). Only the Sharwil variety of avocado would be

approved for cold treatment, since the pretreatment conditioning has

been tested only on the Sharwil variety. Pretreatment conditioning

would be recommended but not required.

The cold treatment procedures for Sharwil avocado would be added to

the Plant Protection and Quarantine (PPQ) Treatment Manual, which has

been incorporated by reference into the Code of Federal Regulations at

7 CFR part 300.1.

Sharwil avocados moved interstate from Hawaii would continue to be

subject to other applicable provisions of the regulations. These

include, among other things, that a certificate issued in accordance

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

[[Page 51374]]

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 a PPQ inspector in accordance with an administratively

approved procedure, and is subsequently handled either under such

supervision as the inspector may require or in accordance with a

compliance agreement.

Nonsubstantive Changes

We are also proposing two nonsubstantive editorial changes to

simplify the regulations. Section 318.13-4d provides that avocados from

Hawaii may be eligible for interstate movement if treated with methyl

bromide fumigation in accordance with that section. Section 318.13-4e

provides that avocados from Hawaii may be eligible for interstate

movement if treated with a combination of methyl bromide fumigation and

refrigeration in accordance with that section. We are proposing to

remove these treatment provisions from the regulations at Secs. 318.13-

4d and 318.13-4e. These treatments are already included in the PPQ

Treatment Manual. Instead, proposed Sec. 318.13-4d would state that

avocados may be moved interstate from Hawaii if treated in accordance

with the PPQ Treatment Manual. Thus, the treatments listed in

Secs. 318.13-4d and 318.13-4e would remain as options but would appear

in the PPQ Treatment Manual.

We are also proposing to amend the definition of ``Inspector'' to

read ``An inspector of Plant Protection and Quarantine, Animal and

Plant Health Inspection Service, United States Department of

Agriculture.''

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

For this action, the Office of Management and Budget has waived its

review process required by Executive Order 12866.

Hawaii produced approximately 500,000 pounds of avocados during

1993, down approximately 29 percent from the 1992 level due, in part,

to the interruption of avocado shipments to the U.S. mainland because

of Oriental fruit fly infestation in 1992. Sharwil variety accounted

for 75 percent of this total, or 375,000 pounds. Shipments of Sharwil

avocados from Hawaii to the U.S. mainland and to Canada before the 1992

suspension peaked at 100,000 pounds.

Total production of avocados in the United States, excluding

Hawaii, was approximately 302.8 million pounds in 1993. Of this total,

California accounted for approximately 97 percent of the production.

California continues to supply the major share of the U.S. avocado

market. Total Hawaiian avocado production in 1993 accounted for less

than two-tenths of a percent of the total U.S. production.

The total value of Hawaiian avocado production ($220,000 in 1993)

is less than three-tenths of a percent of the total U.S. production,

and all of the Hawaiian entities involved are considered small. The

proposed rule could reverse the downward trend in Hawaiian avocado

production by providing a commercially feasible method of treating

Sharwil avocados to be moved interstate. This would have a positive

economic effect on Hawaiian avocado producers. Although a major share

of the U.S. market is supplied by California producers, the addition of

a Hawaiian supply would be unlikely to have a significant negative

impact upon California producers, as the two dominant avocado

varieties, Sharwil (Hawaii) and Hass (California) have different peak

seasons of production. The peak season for the Sharwil variety is

between November and May; the peak season for the Hass variety is April

through October. As a result, the proposed rule would be expected to

have a complementary rather than competitive effect. The change would

not be expected to have any significant impact upon supply and price.

Nevertheless, it would be expected to have a positive impact upon

consumers by providing for a more continuous and varied avocado supply.

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 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

This proposed rule contains no information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

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 continue to read as

follows:

Authority: 7 U.S.C., 150ee, 154, 161, 162, and 167; 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; availability.

(a) Plant Protection and Quarantine Treatment Manual. The Plant

Protection and Quarantine Treatment Manual, which was reprinted on

November 30, 1992, and includes all revisions through [insert date],

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,

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

4. Section 318.13-1 would be amended by revising the definition for

Inspector to read as follows:

Sec. 318.13-1 Definitions.

* * * * *

Inspector. An inspector of Plant Protection and Quarantine, Animal

and Plant Health Inspection Service, United States Department of

Agriculture.

* * * * *

5. Section 318.13-4d would be revised to read as follows:

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Sec. 318.13-4d Administrative instructions concerning the interstate

movement of avocados from Hawaii.

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

all other applicable provisions of this subpart, avocados may be moved

interstate from Hawaii only if they are 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 (Dacus cucurbitae), and the Oriental fruit fly

(Bactrocera dorsalis).

(b) 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.

Sec. 318.13-4e [Removed and Reserved]

6. Section 318.13-4e would be removed and reserved.

Done in Washington, DC, this 25th day of September 1995.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-24351 Filed 9-29-95; 8:45 am]

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