[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Rules and Regulations]
[Pages 41155-41157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15073]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 67, No. 116 / Monday, June 17, 2002 / Rules
and Regulations
[[Page 41155]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 318
[Docket No. 98-127-2]
Rambutan, Longan, and Litchi From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the Hawaiian fruits and vegetables regulations
to provide alternative treatments for rambutan, longan, and litchi
moving interstate from Hawaii. This action will facilitate the
interstate movement of rambutan, longan, and litchi from Hawaii while
continuing to provide protection against the spread of injurious plant
pests from Hawaii to other parts of the United States. We are also
consolidating and updating the existing regulations governing the
interstate movement of certain fruits from Hawaii in order to make the
regulations easier to understand.
DATES: This regulation is effective July 17, 2002. The incorporation by
reference of the material described in the rule is approved by the
Director of the Federal Register as of July 17, 2002.
FOR FURTHER INFORMATION CONTACT: Donna L. West, Import Specialist,
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit
140, Riverdale, MD 20737-1236; (301) 734-6799.
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 of fruits and
vegetables from Hawaii. Regulation is necessary to prevent the spread
of dangerous plant diseases and pests that exist in Hawaii, including
the Mediterranean fruit fly (Ceratitis capitata), the melon fly
(Bactrocera cucurbitae), and the Oriental fruit fly (Bactrocera
dorsalis).
On July 18, 2001, we published in the Federal Register (64 FR
37425-37429, Docket No. 98-127-1) a proposal to amend the regulations
by providing alternative treatments for rambutan, longan, and litchi
moving interstate from Hawaii. We proposed this action because we
determined that it would facilitate the interstate movement of
rambutan, longan, and litchi from Hawaii while continuing to provide
protection against the spread of injurious plant pests from Hawaii to
other parts of the United States. In the proposed rule, we also
proposed to consolidate and update the existing regulations governing
the interstate movement of certain fruits from Hawaii in order to make
the regulations easier to understand.
We solicited comments concerning our proposal for 60 days ending
September 17, 2001. We received one comment by that date. The comment
was from an agricultural scientist. The commenter generally supported
the proposed rule and provided additional information for our economic
analysis. The commenter also raised a few issues that we have discussed
below.
Comment: Whenever inspection for pests is mentioned in the
regulations, APHIS should emphasize that only the presence of live (not
dead) pests can interrupt a shipment of treated fruits.
Response: Currently, under Sec. 318.13-1, and for the purposes of
Part 318 Hawaiian and Territorial Quarantine Notices, plant pests are
defined as ``the injurious insects and plant diseases referred to in
Sec. 318.13,\1\ in any stage of development.'' We believe that this
definition implies that only live plant pests should be of concern to
inspectors, though inspectors, based on their own judgment, may
consider the presence of dead plant pests to be evidence of pest
activity that could warrant more detailed inspection of the affected
commodity. In any case, only the presence of live plant pests would be
grounds for taking quarantine action on a shipment of treated fruits or
vegetables.
---------------------------------------------------------------------------
\1\ Section 318.13 lists the Mediterranean fruit fly (Ceratitis
capitata (Wied.)), the melon fly (Bactrocera cucurbitae Coq.), the
oriental fruit fly (Bactrocera dorsalis Hendl.), green coffee scale
(Coccus viridis (Green)), the bean pod borer (Maruca testulalis
(Geyer)), the bean butterfly (Lampides boeticus (L.)), the Asiatic
rice borer (Chilo suppressalis), the mango weevil (Sternochetus
mangiferae (F.)), the Chinese rose beetle (Adoretus sinicus Burm.),
and a cactus borer (Cactoblastis cactorum (Berg.)) as pests that
exist in Hawaii that are new to or not widely prevalent within the
continental United States.
---------------------------------------------------------------------------
However, since the current definition for ``plant pests'' does not
refer to some pests that may be present in Hawaii, we are revising the
definition to reflect the most current usage of the term. For the
purposes of 7 CFR part 318, a plant pest will be defined as ``any
living stage of any of the following that can directly or indirectly
injure, cause damage to, or cause disease in any plant or plant
product: A protozoan, nonhuman animal, parasitic plant, bacterium,
fungus, virus or viroid, infectious agent or other pathogen, or any
article similar to or allied with any of those articles.'' We believe
this definition, which is taken from the Plant Protection Act (7 U.S.C.
7701-7772), provides adequate assurance that any plant pest can be
subject to quarantine action under the regulations in part 318.
Comment: The hot water treatment protocol for longan states that
after treatment, hydrocooling for 20 minutes at 75.2 deg.F is
recommended, though not required, to prevent injury to the fruit from
the hot water immersion treatment. Hot water treatment is always
injurious to fruit quality, so the protocol should use the term
``reduce'' rather than the term ``prevent.''
Response: We agree with the commenter, and are revising the
treatment's hydrocooling recommendation accordingly.
Comment: Recently published data (submitted by the commenter)
indicate that the hot water immersion treatment for litchi and longan
will also kill the larvae and pupae of moths of the genus
Cryptophlebia, two species of which attack litchi and longan in Hawaii.
A statement to this effect could be added to the final rule.
Response: We had not previously required treatment of longans and
litchis for Crytophlebia spp. because we are confident that we can
intercept such pests via inspection. As we will continue to inspect for
the presence of Cryptophlebia spp., we do not believe it
[[Page 41156]]
is necessary to refer to Cryptophlebia spp. in the final rule with
regard to the treatment of longans and litchis. We acknowledge,
however, that the ability of the hot water treatment to kill
Cryptophlebia spp. will contribute to overall quarantine security.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
In this document, we are amending the Hawaiian fruits and
vegetables regulations to provide for the interstate movement of
rambutan, litchi, and longan from Hawaii after the fruit is treated,
under certain conditions, for fruit flies. Under this final rule, those
fruits will be allowed to move interstate from Hawaii if they are first
inspected and then treated for pests using the following types of
treatments:
------------------------------------------------------------------------
Fruit Treatment(s)
------------------------------------------------------------------------
Rambutan.................................. High temperature forced air
or vapor heat.
Litchi.................................... Vapor heat.
Longan.................................... Hot water.
------------------------------------------------------------------------
This action will facilitate the interstate movement of rambutan,
longan, and litchi from Hawaii while continuing to provide protection
against the spread of injurious plant pests from Hawaii to other parts
of the United States.
Prior to the adoption of this final rule, the above fruits were
already allowed to move interstate from Hawaii if treated with
irradiation in accordance with the regulations in Sec. 318.13-4f.
Litchi could also be moved interstate from Hawaii if treated with hot
water in accordance with the Plant Protection and Quarantine Treatment
Manual. Longan and litchi are not allowed to be moved into Florida due
to the risk of introducing the litchi rust mite into areas in Florida
where longan and litchi are commercially grown.
Providing alternative pest treatment methods for rambutan, litchi,
and longan fruits from Hawaii is expected to stimulate growth of the
industry and provide access to the larger mainland market.
Production of rambutan in Hawaii decreased from 264,300 pounds in
1997 to about 139,200 pounds in 1998. Rambutan farm prices increased
from $2.71 per pound to $3.03 per pound during that period. There are
approximately 50 farms in Hawaii that produce rambutan, and each of
those farms can be considered to be small entities according to Small
Business Administration (SBA) criteria (i.e., a producer with less than
$750,000 in annual sales).
In 1998, the United States produced approximately 2.3 million
pounds of litchi, with Hawaii producing 157,000 pounds of litchi,
valued at $309,000, during that same period. There are approximately 75
farms in Hawaii that produce litchi, and each is a small entity
according to SBA criteria.
The United States produces approximately 1.4 million pounds of
longan (mostly in Florida) annually, with a market value of
approximately $767,000. Hawaii produced approximately 17,000 pounds of
longan in 1998, and anecdotal evidence suggests that production has
increased since 1998, though no data is available to confirm that
suspected trend. Regardless, any producers of longan in Hawaii are
likely to be small entities according to SBA criteria.
Currently, there are 5 fruit packing plants in Hawaii that have a
total of 11 high temperature forced air and vapor heat treatment
chambers. Four of those chambers have not been used recently and
require recertification. In addition, one packing plant has the
capability to treat fruits with irradiation. There is one hot water
immersion treatment facility that has recently been built in Hawaii,
but it has not been certified by USDA.
Vapor heat and high temperature forced air treatments require
between 4 and 6 hours of treatment. The cost of treatment ranges from
0.92 to 2.3 cents per pound (approximately $18.40 to $46.00 per ton
with capital construction costs of about $0.9 million to $1.2 million),
while irradiation requires about 40 minutes of treatment at a cost of
approximately 0.93 to 1.58 cents per pound (approximately $18.60 to
$31.60 per ton with capital construction cost of about $2.8 million to
$3.8 million for a freestanding facility).
The recently built commercial continuous-feed hot water immersion
treatment unit cost $75,000 and can process 500-600 pounds of fruit per
hour. It is estimated that using hot water treatment as an alternative
would cost, taking into account the opportunity cost of capital, labor
cost, and fuel cost, about $13.95 per ton. Unless there is a large
volume of fruit available for treatment, the equipment would likely be
underutilized. It is unclear whether availability and operation of a
hot water treatment facility would have an effect on other types of
treatment facilities in Hawaii.
Producers would be able to utilize existing facilities in Hawaii to
treat fruits under the conditions specified in this final rule.
Adoption of this final rule will likely result in increased revenue for
the existing vapor heat and dry heat facilities in Hawaii.
Additionally, growers in Hawaii may benefit from the increased
opportunity for selling their products in a larger and more diverse
market and from potential decreases in the cost of treating fruits. If
producers respond by planting and harvesting more acreage of these
fruits, both consumers and firms that provide treatment services are
likely to benefit.
All of the treatment methods would be more economical for owners of
facilities and sellers of fruits if the treatments are applied to
larger shipments. Initial investments associated with the treatments
considered here would depend on the number, capacity, and complexity of
required facilities. Costs per pound of fruit treated can rise
dramatically when capital-intensive facilities are operated at less
than design capacity. This would happen when the commodity is not
shipped year round, or when production decreases dramatically (as in
the case of a freeze), or if trade patterns or the regulatory
environment changes substantially. The effect of underutilized capital
equipment on per-unit treatment costs tends to be greater the more
expensive the initial capital investment. For example, a recent study
estimated that operating strawberry irradiators at 25 percent of their
annual throughput capacity can increase the cost of irradiating
strawberries by 212 percent, from $0.034/lb treated (when plant is
operated at 100 percent annual capacity) to $0.106/lb treated (when
plant is operated at only 25 percent of capacity).
The economic effects of this rule on mainland growers and prices on
the mainland are not expected to be significant. However, mainland
consumers of fresh rambutan, litchi, and longan could likely benefit
from increased seasonal and regional availability and from the
increased variety of fresh fruits, as well as from more stable prices.
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.
[[Page 41157]]
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 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does 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
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Incorporation by
reference, Plant diseases and pests, Puerto Rico, Quarantine,
Transportation, Vegetables, Virgin Islands.
Accordingly, we are amending 7 CFR parts 300 and 318 as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 continues to read as
follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 300.1, paragraph (a) is amended as follows:
a. In paragraph (a)(2), by removing the word ``and''.
b. In paragraph (a)(3), by removing the period and adding the word
``; and'' in its place.
c. By adding a new paragraph (a)(4) to read as follows.
Sec. 300.1 Plant Protection and Quarantine Treatment Manual.
(a) * * *
(4) Treatments T102-d-1, T103-e, T106-c, T106-f, and T106-g, dated
February 2002.
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
3. The authority citation for part 318 is revised to read as
follows:
Authority: U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7 CFR
2.22, 2.80, and 371.3.
4. In Sec. 318.13-1, the definition of plant pests is revised to
read as follows:
Sec. 318.13-1 Definitions.
* * * * *
Plant pests. Any living stage of any of the following that can
directly or indirectly injure, cause damage to, or cause disease in any
plant or plant product: A protozoan, nonhuman animal, parasitic plant,
bacterium, fungus, virus or viroid, infectious agent or other pathogen,
or any article similar to or allied with any of those articles.
* * * * *
5. In Sec. 318.13-2, paragraph (b), the entry for Allium spp. is
removed and the following entries are added in its place:
Sec. 318.13-2 Regulated articles.
* * * * *
(b) * * *
Allium spp. (bulb only).
Allium tuberosum.
* * * * *
6. Section 318.13-4b is revised to read as follows:
Sec. 318.13-4b Administrative instructions; conditions governing the
interstate movement from Hawaii of certain fruits for which treatment
is required.
(a) General restrictions. Fruits listed in this section may only be
moved interstate from Hawaii in accordance with this section or in
accordance with other applicable sections in this subpart.
(b) Eligible fruits. The following fruits may be moved interstate
from Hawaii if, prior to interstate movement, they are inspected for
plant pests by an inspector and are then treated for fruit flies under
the supervision of an inspector with a treatment prescribed in the
Plant Protection and Quarantine (PPQ) Treatment Manual, which is
incorporated by reference at Sec. 300.1 of this chapter: Avocados, bell
peppers, carambolas, eggplants, Italian squash, litchi, longan,
papayas, pineapples (other than smooth cayenne), rambutan, and
tomatoes.
(c) Subsequent handling. All handling of fruits subsequent to
treatment in Hawaii must be carried out under the supervision of an
inspector and according to the inspector's instructions.
(d) Destination restrictions. Litchi and longan that are moved
interstate from Hawaii under this section may not be moved into Florida
due to the litchi rust mite (Eriophyes litchi). Cartons used to carry
such fruits must be stamped: ``Not for movement into or distribution in
FL.''
(e) Costs and charges. All costs of treatment and any post-
treatment safeguards prescribed by an inspector must be borne by the
owner of the fruits or the owner's representative. The services of an
inspector during regularly assigned hours of duty and at the usual
place of duty are furnished by APHIS without charge.
(f) Department not responsible for damages. Treatments prescribed
in the PPQ Treatment Manual are judged from experimental tests to be
safe for use with the fruits listed in paragraph (b) of this section.
However, the Department assumes no responsibility for any damage
sustained through or in the course of the treatment, or because of
safeguards required by an inspector.
Sec. 318.13-4d [Removed and Reserved]
7. Section 318.13-4d is removed and reserved.
Sec. 318.13-4e [Removed and Reserved]
8. Section 318.13-4e is removed and reserved.
Sec. 318.13-4h [Removed and Reserved]
9. Section 318.13-4h is removed and reserved.
Done in Washington, DC, this 10th day of June 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-15073 Filed 6-14-02; 8:45 am]
BILLING CODE 3410-34-P