[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Proposed Rules]
[Pages 59694-59696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16754]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 /
Proposed Rules
[[Page 59694]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 318
[Docket No. APHIS-2006-0027]
RIN 0579-AC15
Interstate Movement of Fruits and Vegetables From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to remove vapor heat treatment as an approved
treatment for bell pepper, eggplant, Italian squash, and tomato moved
interstate from Hawaii. This action is necessary because these four
commodities can serve as hosts for the solanum fruit fly, which has
been detected in Hawaii. Vapor heat treatment is not an approved
treatment for that pest. We are also proposing to provide for the use
of irradiation as an approved treatment for all Capsicum spp. (peppers)
and Curcurbita spp. (squash) moved interstate from Hawaii. This action
would relieve unnecessary restrictions on the interstate movement of
peppers and squash and allow a greater variety of Capsicum spp. and
Curcurbita spp. to be moved interstate from Hawaii.
DATES: We will consider all comments that we receive on or before
December 11, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0027 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0027, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0027.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist,
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1236; (301) 734-8758.
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 occur in Hawaii. Some fruits
and vegetables regulated under the Hawaiian fruits and vegetables
regulations are allowed to move interstate if they are treated with an
approved treatment for certain plant pests. Lists of approved
treatments for these fruits and vegetables and requirements for
conducting these treatments are contained in 7 CFR part 305.
Four of the fruits and vegetables that are allowed to move
interstate from Hawaii if treated with an approved treatment are bell
pepper, eggplant, Italian squash, and tomato. The treatments approved
for these commodities, as listed in the table in Sec. 305.2(h)(2)(ii),
include the vapor heat treatments numbered VH T106-b-1 (for bell
peppers), VH T106-b-2 (for eggplant), VH T106-b-5 and VH T106-b-7 (for
tomato), and VH T106-b-6 (for Italian squash). Despite their differing
numbers, these treatment numbers all refer to the same treatment
schedule, which is described in Sec. 305.24(c). These commodities may
also be treated with irradiation in accordance with Sec. 305.34, which
sets out requirements for the use of irradiation as a treatment for
fruits and vegetables moved interstate from Hawaii. Both the vapor heat
treatment and the irradiation treatment are approved to neutralize the
Mediterranean fruit fly (Ceratitis capitata), the Oriental fruit fly
(Bactrocera dorsalis), and the melon fruit fly (Bactrocera
curcurbitae). These fruit flies are present in Hawaii, and these four
commodities can serve as hosts for them.
An additional species of fruit fly has been detected in Hawaii, the
solanum fruit fly (Bactrocera latifrons).\1\ Bell peppers, eggplant,
Italian squash, and tomatoes can all serve as hosts for this fruit fly.
Because limited research has been done regarding the effectiveness of
the vapor heat treatment schedule described in Sec. 305.24(c) at
neutralizing solanum fruit fly, this treatment is not approved to treat
for solanum fruit fly. Therefore, we are proposing to remove vapor heat
treatment as an approved treatment for bell pepper, eggplant, tomato,
and Italian squash. We would accomplish this by removing the respective
vapor heat treatment numbers for these commodities from their entries
in Sec. 305.2(h)(2)(ii).
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\1\ See Liquido NJ, Harris EJ, and Dekker LA. ``Ecology of
Bactrocera latifrons (Diptera: Tephritidae) Populations: Host
Plants, Natural Enemies, Distribution, and Abundance,'' Annals of
the Entomological Society of America, 87(1):71-85, 1994.
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We have also determined that the four fruit flies named above--the
Mediterranean fruit fly, the Oriental fruit fly, the melon fruit fly,
and the solanum fruit fly--are the only pests for which treatment
should be required for the interstate movement of all species of the
genus Capsicum (peppers), not just the bell pepper, and all species of
the genus Curcurbita (squash), not just the Italian squash. Like the
Mediterranean
[[Page 59695]]
fruit fly, the Oriental fruit fly, and the melon fruit fly, the solanum
fruit fly is a member of the family Tephritidae. We have previously
determined that an irradiation dose of 150 gray is sufficient to
neutralize all fruit flies of the family Tephritidae. (For more
information on this determination, see the final rule published in the
Federal Register on January 27, 2006 [Docket No. 03-077-2, 71 FR 4451-
4464].)
Therefore, we are proposing to add irradiation as an approved
treatment for Capsicum spp. and Curcurbita spp. moved interstate from
Hawaii. To accomplish this change, we would make the following
amendments in 7 CFR parts 305 and 318:
In paragraph (b) of Sec. 318.13-4b, we would add
``Capsicum spp. (peppers)'' and ``Curcurbita spp. (squash)'' to the
list of commodities that are eligible for interstate movement from
Hawaii if, prior to interstate movement, they are inspected for plant
pests by an inspector and are then treated for plant pests under the
supervision of an inspector in accordance with a treatment prescribed
in 7 CFR part 305.
In Sec. 318.13-4f, which lists fruits and vegetables from
Hawaii for which irradiation in accordance with Sec. 305.34 is an
approved treatment, we would add ``Capsicum spp. (peppers)'' and
``Curcurbita spp. (squash)'' to that list.
In Sec. 305.34(a)(1), in the table that lists fruits and
vegetables from Hawaii for which irradiation is an approved treatment
and the irradiation dose that is approved for each commodity, we would
add entries for ``Capsicum spp. (peppers)'' and ``Curcurbita spp.
(squash)'' and indicate that a dose of 150 gray is approved for their
treatment.
In Sec. 305.2(h)(2)(ii), we would add entries in the
table for ``Capsicum spp. (peppers)'' and ``Curcurbita spp. (squash).''
These entries would list irradiation as an approved treatment for
commodities of these genera. They would also indicate that irradiation
would be approved to treat all fruit flies of the family Tephritidae
that are associated with these commodities. Indicating that the
treatment is approved for all fruit flies of the family Tephritidae
would mean that we would not have to update the regulations in the
event that we discover that another fruit fly of that family is
associated with one of these genera.
In each of these locations, we would remove the separate entries
for ``bell pepper'' and ``Italian squash.''
Irradiation is already an approved treatment for eggplant and
tomato in Sec. 305.2(h)(2)(ii). We would update the entries for these
commodities in Sec. 305.2(h)(2)(ii) by indicating that irradiation
would be approved to treat all fruit flies of the family Tephritidae
associated with these commodities.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
This proposed rule is in response to a species of fruit fly that
has been detected in Hawaii, the solanum fruit fly (Bactrocera
latifrons). Bell peppers, eggplant, Italian squash, and tomatoes are
the four commodities for which vapor heat treatment is an approved
treatment that are affected by the solanum fruit fly. Because limited
research has been done regarding the effectiveness of vapor heat
treatment at neutralizing solanum fruit fly, APHIS is proposing to
remove vapor heat treatment from the list of approved treatments for
bell peppers, eggplant, Italian squash, and tomatoes moved interstate
from Hawaii.
While vapor heat treatment would no longer be an approved
treatment, irradiation is an approved treatment for the interstate
movement of bell peppers and Italian squash from Hawaii. We are
proposing to amend the regulations to approve irradiation as a
treatment for all species of the genus Capsicum (peppers), not just
bell peppers, and all species of the genus Curcurbita (squash), not
just the Italian squash. APHIS has previously determined that an
irradiation dose of 150 gray is sufficient to neutralize all fruit
flies that affect Capsicum spp. and Curcurbita spp. in Hawaii,
including the solanum fruit fly.
Approximately $15.4 million worth of eggplant, green peppers,
Italian squash, Oriental squash, and tomatoes were produced in the
State of Hawaii in 2004, amounting to 52 million pounds (table 1).
However, none of the eggplant, green peppers, Italian squash, or
tomatoes produced in Hawaii in 2004 was moved interstate to the U.S.
mainland. According to the Hawaii Department of Agriculture, none of
these commodities has been moved interstate from Hawaii to the U.S.
mainland within the last 2 years.
Table 1.--Production and Value of Hawaiian Eggplant, Peppers, Squash,
and Tomatoes, 2004
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Quantity
Commodity (lb) Value
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Eggplant...................................... 1,050,000 $809,000
Peppers (Green)............................... 3,200,000 2,208,000
Squash (Italian, Oriental).................... 2,350,000 1,263,000
Tomatoes...................................... 16,800,000 11,088,000
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Total....................................... 52,200,000 15,368,000
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Source: USDA, Hawaii Agricultural Statistics, 2006.
The proposed rule would continue to give Hawaiian entities the
opportunity to move Capsicum spp. and Curcurbita spp. interstate. While
vapor heat treatment would no longer be an approved treatment for bell
peppers and Italian squash, irradiation would become an approved
treatment for all Capsicum spp. and Curcurbita spp. Irradiation would
continue to be an approved treatment for eggplant and tomatoes as well.
Accordingly, we do not expect that this rule would have a
significant economic impact on a substantial number of small entities.
This proposed rule is necessary to safeguard the U.S. mainland from the
introduction of solanum fruit fly (Bactrocera latifrons). Because in
recent years eggplant, peppers, squash, and tomatoes have not been
moved interstate from Hawaii, the rule is not expected to have a
significant impact on small or large entities.
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 12988
This proposed rule has been reviewed under Executive Order 12988,
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.
[[Page 59696]]
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Lists of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin
Islands.
Accordingly, we propose to amend 7 CFR parts 305 and 318 to read as
follows:
PART 305--PHYTOSANITARY TREATMENTS
1. The authority citation for part 305 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 305.2, in the table in paragraph (h)(2)(ii), the entry
for Hawaii would be amended as follows:
a. By removing the entries for ``Bell pepper'' and ``Squash,
Italian''.
b. By adding, in alphabetical order, entries for ``Capsicum spp.
(peppers)'' and ``Curcurbita spp. (squash)'' to read as set forth
below.
c. By revising the entries for ``Eggplant'' and ``Tomato'' to read
as set forth below.
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(ii) * * *
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Location Commodity Pest Treatment schedule
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* * * * * * *
Hawaii............................
* * * * * * *
Capsicum spp. Fruit flies of the family IR.
(peppers). Tephritidae.
* * * * * * *
Curcurbita spp. Fruit flies of the family IR.
(squash). Tephritidae.
* * * * * * *
Eggplant............. Fruit flies of the family IR.
Tephritidae.
* * * * * * *
Tomato............... Fruit flies of the family IR.
Tephritidae.
Ceratitis capitata........ MB T101-c-3.
* * * * * * *
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* * * * *
3. In Sec. 305.34, in paragraph (a)(1), the table would be amended
as follows:
a. By removing the entries for ``Bell pepper'' and ``Italian
squash''.
b. By adding, in alphabetical order, entries for ``Capsicum spp.
(peppers)'' and ``Curcurbita spp. (squash)'' to read as set forth
below.
Sec. 305.34 Irradiation treatment of certain fruits and vegetables
from Hawaii, Puerto Rico, and the U.S. Virgin Islands.
(a) * * *
(1) * * *
Irradiation for plant pests in Hawaiian fruits and vegetables
------------------------------------------------------------------------
Dose
Commodity (gray)
------------------------------------------------------------------------
* * * * *
Capsicum spp. (peppers)....................................... 150
* * * * *
Curcurbita spp. (squash)...................................... 50
* * * * *
------------------------------------------------------------------------
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
4. The authority citation for part 318 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Sec. 318.13-4b [Amended]
5. In Sec. 318.13-4b, paragraph (b) would be amended as follows:
a. By removing the words ``bell peppers'' and adding the words
``Capsicum spp. (peppers)'' in their place.
b. By adding the words ``Curcurbita spp. (squash),'' after the word
``carambolas,''.
c. By removing the words ``Italian squash,''.
Sec. 318.13-4f [Amended]
6. Section 318.13-4f would be amended as follows:
a. By removing the words ``bell pepper'' and adding the words
``Capsicum spp. (peppers)'' in their place.
b. By adding the words ``Curcurbita spp. (squash),'' after the word
``carambola,''.
c. By removing the words ``Italian squash,''.
Done in Washington, DC, this 4th day of October 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-16754 Filed 10-10-06; 8:45 am]
BILLING CODE 3410-34-P