[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Rules and Regulations]
[Pages 24851-24856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9978]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 318

[Docket No. APHIS-2007-0050]
RIN 0579-AC62


Interstate Movement of Fruit From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Hawaiian fruits and vegetables regulations 
to allow mangosteen, dragon fruit, melon, pods of cowpea and its 
relatives, breadfruit, jackfruit, and fresh moringa pods to be moved 
interstate from Hawaii under certain conditions. This action will allow 
the movement of these tropical fruits from Hawaii to the continental 
United States while continuing to provide protection against the spread 
of plant pests from Hawaii to the continental United States.

DATES: Effective Date: May 6, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, VS, 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 to the continental United States. The 
regulations are necessary to prevent the spread of plant diseases and 
pests that occur in Hawaii but not in the continental United States. 
The regulations in Sec.  318.13-4f identify specific fruits and 
vegetables that are allowed to be moved interstate from Hawaii if, 
among other things, they are treated with irradiation in accordance 
with our phytosanitary treatments regulations in 7 CFR part 305.
    On November 15, 2007, we published in the Federal Register (72 FR 
64163-64170, Docket No. APHIS-2007-0050) a proposal \1\ to amend the 
regulations to allow mangosteen, dragon fruit, melon, pods of cowpea 
and its relatives, breadfruit, jackfruit, and fresh moringa pods to be 
moved interstate from Hawaii under certain conditions. We also proposed 
to amend Sec.  305.31(a) to add irradiation doses for three plant 
pests: Coconut scale (Aspidiotus destructor), white peach scale 
(Pseudaulacaspis pentagona), and Copitarsia decolora (Lepidoptera: 
Noctuidae).
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    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0050.
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    We solicited comments concerning our proposal for 60 days ending 
January 14, 2008. We received nine comments by that date, from private 
citizens, members of Congress, Hawaiian fruit growers, a farm bureau 
organization, scientists, a consumer group, and a foreign agricultural 
agency. The commenters were generally supportive of the proposed rule, 
but some did raise issues about the proposal. Those issues are 
discussed below.
    One commenter stated that the irradiation standards for Hawaiian 
produce are less flexible than those for international shipments. 
Specifically, the commenter drew attention to the provisions regarding 
the design of a facility's dosimetry system and procedures. The 
regulations in 7 CFR 305.31, which apply to imported produce, provide 
that the facility operator must address guidance and principles from 
the American Society for Testing and Materials (ASTM) Standards, or 
equivalent standards recognized by the Administrator. However, the 
regulations in 7 CFR 305.34, which apply to Hawaiian

[[Page 24852]]

produce, specify the use of ASTM standards only, and do not allow for 
the use of equivalent standards. The commenter stated that this 
discrepancy gives greater flexibility to foreign imports and allows 
foreign produce to gain access to markets in the continental United 
States ahead of Hawaiian produce.
    We note that the standards for irradiation treatment for Hawaiian 
produce were established before those for imports. When the standards 
for imports were proposed, they were identical to those already 
established for Hawaiian produce. However, a comment we received on 
that proposal rightly pointed out that the ASTM standards for dosimetry 
describe basic principles, effective techniques, and best practices, 
but do not provide absolute or mandatory standards for dosimetry 
systems. The same comment pointed out that other organizations, such as 
the National Institute of Standards and Technology, also have prepared 
standards regarding dosimetry that could also be used. In response to 
that comment, we amended the text of Sec.  305.31 to change the manner 
in which we characterized the ASTM standards and to allow for the use 
of equivalent standards recognized by the Administrator. While it would 
have been appropriate to have made the same changes regarding standards 
to Sec.  305.34 in the final rule that established Sec.  305.31, it did 
not occur to us to do so at that time. As a result of this more recent 
comment bringing the discrepancy between the two sections to our 
attention, we are amending Sec.  305.34(b)(6)(iii) in this final rule 
so that it is consistent with the corresponding provisions in Sec.  
305.31. We are also amending the regulations in Sec.  305.32, which 
provide for irradiation treatment of produce from areas quarantined for 
Mexican fruit fly, so that its provisions regarding dosimetry standards 
are consistent as well.
    One commenter noted that the handling, marking, and shipping 
requirements for irradiated produce are more stringent than for any 
other treatment schedules.
    This may be the case; however, irradiation technology has some 
unique challenges that are not common with other treatments. Since 
irradiation treatment may render pests sterile rather than killing them 
outright, and therefore live pests may accompany shipments, there is no 
easy way to validate the irradiation treatment as may be done with 
other treatments. As a result, greater emphasis is placed on treatment 
monitoring, documentation, and system integrity when irradiation is 
used than when other treatments are used. This is to remove any chance 
for commodity commingling or reinfestation by pests.
    Several commenters requested that we implement a streamlined 
process for approving Hawaiian produce for movement to the continental 
United States similar to the one now used for approving imported fruits 
and vegetables.
    We agree that a streamlined approach would be appropriate for 
approving Hawaiian fruits and vegetables and intend to address the 
issue in a separate rulemaking currently under development.
    One commenter requested clarification of why the Mediterranean 
fruit fly (Medfly) was included on the list of pests associated with 
melon from Hawaii. The commenter noted that Medfly has not been 
reported in interceptions from Hawaii, and that scientific literature 
does not include references to field infestations of melon by Medfly.
    The Medfly was included in the pest risk assessment (PRA) for melon 
from Hawaii for several reasons. The Medfly is a serious agricultural 
pest and is established in Hawaii. Melon has been found to be a host of 
the Medfly under experimental conditions. Furthermore, the host fruit 
conditions determining the suitability or unsuitability of melon for 
Medfly are unknown. For these reasons melon as a host of Medfly in 
Hawaii remains in the PRA. We also note that some Bactrocera species 
fruit flies occurring in Hawaii attack melon. Because the mitigation of 
choice for Hawaii is irradiation treatment, which has a generic dose 
for all fruit flies occurring in Hawaii, Medfly as a pest on the 
pathway in the PRA is not an issue.
    One commenter raised issues that involve matters that are not 
within the regulatory authority of APHIS. Specifically, the commenter 
expressed concern that irradiation will lead to nutrient destruction 
and make foods unsafe to eat. The commenter also stated that APHIS 
should not approve or promote irradiation treatments because 
irradiation facilities will pose serious risks to the communities where 
they are built.
    We are not making any changes in response to this comment. The Food 
and Drug Administration (FDA) has primary regulatory responsibility for 
ensuring that approved irradiation doses do not render foods unsafe to 
eat. FDA regulations (21 CFR 179.26) establish a limit of 1 kilogray 
for disinfestation of arthropod pests in fresh fruits and vegetables. 
All of the irradiation doses contained in this rule are significantly 
less than this approved safe dose limit.
    The safety of operations of irradiation facilities is regulated by 
the Nuclear Regulatory Commission (NRC). NRC ensures that such 
facilities are built and operated according to Federal regulations. To 
be licensed, the facility must have been designed with multiple fail-
safe measures, and must establish extensive and well-documented safety 
procedures and worker training. With proper design and operating 
procedures, commercial irradiation facilities can be operated safely 
and without posing any significant radiation risk to workers or the 
public.
    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.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    Immediate implementation of this rule is necessary to provide 
relief to those persons who are adversely affected by restrictions we 
no longer find warranted. Making this rule effective immediately will 
allow Hawaii growers and others in the marketing chain to benefit from 
access to new markets in the continental United States as soon as 
possible. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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 final rule will allow the interstate movement of mangosteen, 
dragon fruit, melon, pods of cowpea and its relatives, breadfruit, 
jackfruit, and fresh moringa pods from Hawaii after irradiation 
treatment. As a condition of entry, these fruits will have to meet 
certain other inspection and treatment requirements. This action will 
allow for the interstate movement of these fruits into the continental 
United States while continuing to provide protection against the 
introduction of quarantine pests.
    Tropical specialty fruit production in Hawaii has been increasing 
rapidly in

[[Page 24853]]

recent years.\2\ Hawaii's growers produced and sold an estimated 1.45 
million pounds of tropical specialty fruit in 2006, which was 
approximately the same as the 2005 output of 1.46 million pounds. Sales 
in 2005 were the highest on record and 40 percent more than was 
produced and sold in 2004.\3\ Sales in 2006 were valued at $2.6 
million, 4 percent lower than in 2005 levels, but 34 percent higher 
than sales in 2004.
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    \2\ Tropical specialty fruits include: Abiu, atemoya, 
breadfruit, caimito, canistel, cherimoya, durian, jaboticaba, 
jackfruit, langsat, longan, loquat, litchi, mango, mangosteen, 
persimmon, poha, rambutan, rollina, sapodilla, soursop, starfuit, 
and white sapote.
    \3\ The statistics in this paragraph are taken from USDA 
National Agricultural Statistics Service (NASS), ``Hawaii Tropical 
Specialty Fruits,'' released September 4, 2007. http://
www.nass.usda.gov/hi/fruit/tropfrt.pdf.
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    The final rule is not expected to result in significant economic 
impacts to mainland U.S. producers. The tropical specialty fruits 
included in this rule are not commercially grown in the continental 
United States. The final rule will benefit Hawaiian producers by 
providing a broader market for these fruits. Their movement from Hawaii 
will compete against imports from other countries, and the only impacts 
to U.S. producers will be the benefits that accrue to Hawaiian 
producers.
    Melons and cowpeas are produced in the continental United States, 
but effects of allowing the interstate movement of melons from Hawaii 
on U.S. mainland producers of these products are expected to be 
minimal.

Melons

    The predominant U.S. melon varieties are cantaloupes, honeydews, 
and watermelons, for which the value of U.S. production was 
approximately $866 million in 2006 (table 1). Over 80 percent of melon 
production takes place in five states. California is the leading 
domestic producer of all melons, accounting for 32 percent of total 
acreage; followed by Georgia and Arizona, with 14 percent; Texas, with 
11 percent; and Florida, with 10 percent. The United States is a net 
importer of melons. In 2006, the total value of melons imported into 
the United States was $352 million, compared to $119 million worth of 
melons exported.\4\ Nearly all (99 percent) melon farmers have receipts 
of not more than $750,000 annually, and are therefore classified by the 
Small Business Administration (SBA) as small entities.
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    \4\ World Trade Atlas 2006.

                               Table 1.--Value of U.S. Melon Production, 2004-2006
----------------------------------------------------------------------------------------------------------------
                         Commodity                                2004              2005              2006
----------------------------------------------------------------------------------------------------------------
Cantaloupe................................................      $322,188,000      $335,818,000      $340,677,000
Honeydews.................................................        92,133,000        91,569,000        90,600,000
Watermelons...............................................       313,217,000       445,917,000       434,861,000
                                                           -----------------------------------------------------
    Total.................................................       727,538,000       873,304,000      866,138,000
----------------------------------------------------------------------------------------------------------------
Source: National Agricultural Statistics Service.

    We do not know the quantity or type of melons that will be moved 
from Hawaii to the continental United States under this rule, but we do 
not expect the quantity to be significant in relation to our total 
domestic supply. For example, the most recent NASS data on the farm 
value of watermelon produced in Hawaii show a value of $2.9 million in 
2006, which is less than 1 percent of the value of U.S. watermelon 
production overall and less than 1 percent of the value of U.S. melon 
imports of all types.
    Entry of Hawaii melons into markets in the continental United 
States is not expected to have a significant economic impact on 
mainland prices or production, especially given the irradiation 
treatment costs and transport costs that merchants of Hawaiian melons 
will have to bear. Moreover, depending on the type of melon, relative 
prices, and quality, shipments from Hawaii to the continental United 
States may at least partially substitute for imports, thereby further 
reducing any effects for mainland producers.

Fresh Cowpea Pods

    The 2002 Census of Agriculture, the most recent year for which data 
are available, states that 151 farms harvested 13,651 acres of cowpeas 
in 2002. Cowpeas, also known as southern peas, blackeye peas, or 
crowder, are not routinely harvested as fresh cowpea pods but are 
allowed to dry before harvesting. Nearly all (99 percent) cowpea 
farmers have receipts of not more than $750,000 annually, and therefore 
are small entities according to SBA standards.
    Fresh cowpea pods are not sold commercially by producers in the 
continental United States; only dried cowpea pods are marketed. Since 
fresh cowpea pods are not generally used as a substitute for dried 
cowpeas, interstate movement of fresh cowpea pods from Hawaii will not 
significantly impact the mainland's commercial production of cowpeas. 
Rather, the fresh cowpea pods from Hawaii are expected to be sold as a 
fresh or frozen vegetable. Immature snapped cowpea pods are used in the 
same way as snap beans, often mixed with other foods.\5\ Green cowpea 
seeds can be boiled as a fresh vegetable.
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    \5\ Alternative Field Crops Manual, ``Cowpea,'' http://
www.hort.purdue.edu/newcrop/afcm/cowpea.html.
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    The final rule is not expected to have a significant economic 
impact on a substantial number of small entities. The pest risk 
mitigation measures, including irradiation treatment, will allow the 
products to be safely moved interstate from Hawaii. Hawaii's producers 
will benefit by acquiring a broader market for these products, and any 
adverse effects for mainland producers will be minimal. Of the seven 
products addressed by this rule, only melon and cowpeas are also grown 
in the continental United States. Hawaii's share of the U.S. melon 
market is very small, and shipments to the mainland will be as likely 
to displace imports as they will be to compete directly with U.S. 
mainland production. Fresh cowpeas pods are not a product of the U.S. 
mainland.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
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

[[Page 24854]]

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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this final rule. The environmental assessment 
provides a basis for the conclusion that the movement of tropical 
fruits from Hawaii to the continental United States under the 
conditions specified in this rule will not have a significant impact on 
the quality of the human environment. Based on the finding of no 
significant impact, the Administrator of the Animal and Plant Health 
Inspection Service has determined that an environmental impact 
statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) 
regulations of the Council on Environmental Quality for implementing 
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA 
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA 
Implementing Procedures (7 CFR part 372).
    The environmental assessment and finding of no significant impact 
may be viewed on the Regulations.gov Web site.\6\ Copies of the 
environmental assessment and finding of no significant impact are also 
available for public inspection 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 copies are requested to call ahead at (202) 690-2817 
to facilitate entry into the reading room. In addition, copies may be 
obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.
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    \6\ Go to http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0050. The environmental 
assessment and finding of no significant impact will appear in the 
resulting list of documents.
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Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0331.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 734-7477.

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.

0
Accordingly, we are amending 7 CFR parts 305 and 318 to read as 
follows:

PART 305--PHYTOSANITARY TREATMENTS

0
1. The authority citation for part 305 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 7 U.S.C. 2.22, 2.80, and 371.3.


0
2. In Sec.  305.31, paragraph (a), the table is amended by adding new 
entries, in alphabetical order, for ``Aspidiotus destructor'', 
``Copitarsia decolora'', and ``Pseudaulacaspis pentagona'' to read as 
follows:


Sec.  305.31  Irradiation treatment of imported regulated articles for 
certain plant pests.

    (a) * * *

 Irradiation for Certain Plant Pests in Imported Regulated Articles \1\
------------------------------------------------------------------------
        Scientific name                Common name         Dose  (gray)
------------------------------------------------------------------------
 
                              * * * * * * *
Aspidiotus destructor..........  Coconut scale..........             150
 
                              * * * * * * *
Copitarsia decolora............  (No common name).......             100
 
                              * * * * * * *
Pseudaulacaspis pentagona......  White peach scale......            150
------------------------------------------------------------------------
\1\ There is a possibility that some cut flowers could be damaged by
  such irradiation. See paragraph (n) of this section.

* * * * *


Sec.  305.32  [Amended]

0
3. In Sec.  305.32, paragraph (e)(3) is amended by adding the words 
``or an equivalent standard recognized by the Administrator'' after the 
word ``standards''.

0
4. Section 305.34 is amended as follows:
0
a. By adding, in alphabetical order, new entries to the table in 
paragraph (a) for breadfruit, cowpea pods (and its relatives), dragon 
fruit, jackfruit, mangosteen, melon, and moringa pods to read as set 
forth below.
0
b. In the table in paragraph (a), by revising footnote 1 and adding a 
new footnote 2 to read as set forth below.
0
c. By revising paragraphs (b)(6)(iii) and (b)(7) and the OMB citation 
at the end of the section to read as set forth below.

[[Page 24855]]

Sec.  305.34  Irradiation treatment of certain regulated articles from 
Hawaii, Puerto Rico, and the U.S. Virgin Islands.

    (a) * * *

      Irradiation for Plant Pests in Hawaiian Fruits and Vegetables
------------------------------------------------------------------------
                Commodity                           Dose  (gray)
------------------------------------------------------------------------
 
                                * * * * *
Breadfruit 1 2...........................  400 or 150.
 
                                * * * * *
Cowpea pods (and its relatives) \1\......  400.
 
                                * * * * *
Dragon fruit 1 2.........................  400 or 150.
 
                                * * * * *
Jackfruit 1 2............................  400 or 150.
 
                                * * * * *
Mangosteen 1 2...........................  400 or 150.
 
                                * * * * *
Melon 1 2................................  400 or 150.
 
                                * * * * *
Moringa pods 1 2.........................  400 or 150.
------------------------------------------------------------------------
\1\ Breadfruit, cowpea pods, dragon fruit, jackfruit, litchi,
  mangosteen, melon, moringa pods, and sweetpotato are also subject to
  the additional inspection and treatment requirements in paragraph
  (b)(7) of this section.
\2\ Breadfruit, dragon fruit, jackfruit, mangosteen, melon, and moringa
  pods moving to the continental United States for treatment under
  limited permit in accordance with the requirements of paragraph
  (b)(7)(ii) of this section must be treated with the 400 gray dose.

* * * * *
    (b) * * *
    (6) * * *
    (iii) When designing the facility's dosimetry system and procedures 
for its operation, the facility operator must address guidance and 
principles from American Society for Testing and Materials (ASTM) 
standards \19\ or an equivalent standard recognized by the 
Administrator.
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    \19\ See footnote 4 of this subpart.
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    (7)(i) Certification on basis of treatment. A certificate shall be 
issued by an inspector for the movement of articles from Hawaii that 
have been treated and handled in accordance with this section.
    (A) To be certified for interstate movement under this section, 
litchi from Hawaii must be inspected in Hawaii and found free of the 
litchi fruit moth (Cryptophlebia spp.) and other plant pests by an 
inspector before undergoing irradiation treatment in Hawaii for fruit 
flies.
    (B) To be certified for interstate movement under this section, 
sweetpotato from Hawaii must be inspected in Hawaii and found free of 
the gray pineapple mealybug (Dysmicoccus neobrevipes) and the Kona 
coffee-root knot nematode (Meloidogyne konaensis) by an inspector 
before undergoing irradiation treatment in Hawaii. In addition, 
sweetpotato from Hawaii to be treated with irradiation at a dose of 150 
Gy must be sampled, cut, and inspected in Hawaii and found to be free 
of the ginger weevil (Elytrotreinus subtruncatus) by an inspector 
before undergoing irradiation treatment in Hawaii. Sampling, cutting, 
and inspection must be performed under conditions that will prevent any 
pests that may emerge from the sampled sweetpotatoes from infesting any 
other sweetpotatoes intended for interstate movement in accordance with 
this section.
    (C) To be certified for interstate movement under this section, 
breadfruit and jackfruit from Hawaii must be inspected in Hawaii and 
found free of spiraling whitefly (Aleurodicus dispersus), inornate 
scale (Aonidiella inornata), red wax scale (Ceroplastes rubens), green 
scale (Coccus viridis), gray pineapple mealybug (Dysmicoccus 
neobrevipes), pink hibiscus mealybug (Maconellicoccus hirsutus), 
spherical mealybug (Nipaecoccus viridis), citrus mealybug (Pseudococcus 
cryptus), melon thrips (Thrips palmi) and signs of thrip damage before 
undergoing irradiation treatment in Hawaii at the 150 gray dose. Fruit 
receiving the 150 gray dose also must either receive a post-harvest dip 
in accordance with treatment schedule T102-c as provided in Sec.  
305.42(b) or originate from an orchard or growing area that was 
previously treated with a broad-spectrum insecticide during the growing 
season and a pre-harvest inspection of the orchard or growing area 
found the fruit free of any surface pests as prescribed in a compliance 
agreement. Post-treatment inspection in Hawaii is not required if the 
fruit undergoes irradiation treatment at the 400 gray dose. Regardless 
of irradiation dose, the fruit must be free of stems and leaves and 
must originate from an orchard that was previously treated with a 
fungicide appropriate for the fungus Phytophthora tropicalis during the 
growing season and the fruit must be inspected prior to harvest and 
found free of the fungus or, after irradiation treatment, must receive 
a post-harvest fungicidal dip appropriate for Phytophthora tropicalis.
    (D) To be certified for interstate movement under this section, 
fresh pods of cowpea and its relatives from Hawaii must be inspected in 
Hawaii and found free of the cassava red mite (Oligonychus biharensis) 
and adults and pupae of the order Lepidoptera before undergoing 
irradiation treatment. The pods must be free of stems and leaves.
    (E) To be certified for interstate movement under this section, 
dragon fruit from Hawaii presented for inspection must have the sepals 
removed and must be inspected in Hawaii and found free of gray 
pineapple mealybug (Dysmicoccus neobrevipes), pink hibiscus mealybug 
(Maconellicoccus hirsutus), and citrus mealybug (Pseudococcus cryptus) 
before undergoing irradiation treatment in Hawaii at the 150 gray dose. 
Fruit receiving the 150 gray dose also must either receive a post-
harvest dip in accordance with treatment schedule T102-c as provided in 
Sec.  305.42(b) or originate from an orchard or growing area that was 
previously treated with a broad-spectrum insecticide during the growing 
season and a pre-harvest inspection of the orchard or growing area 
found the fruit free of any surface pests as prescribed in a compliance 
agreement. Post-treatment inspection in Hawaii is not required if the 
fruit undergoes irradiation treatment at the 400 gray dose. Regardless 
of irradiation dose, the fruit must be free of stems and leaves.
    (F) To be certified for interstate movement under this section, 
mangosteen from Hawaii must have the sepals removed and must be 
inspected in Hawaii and found free of gray pineapple mealybug 
(Dysmicoccus neobrevipes), pink hibiscus mealybug (Maconellicoccus 
hirsutus), citrus mealybug (Pseudococcus cryptus), and Thrips florum 
before undergoing irradiation treatment in Hawaii at the 150 gray dose. 
Fruit receiving the 150 gray dose also must either receive a post-
harvest dip in accordance with treatment schedule T102-c as provided in 
Sec.  305.42(b) or originate from an orchard or growing area that was 
previously treated with a broad-spectrum insecticide during the growing 
season and a pre-harvest inspection of the orchard or growing area 
found the fruit free of any surface pests as prescribed in a compliance 
agreement. Post-treatment inspection in Hawaii is not required if the 
fruit undergoes irradiation treatment at the 400 gray dose. Regardless 
of irradiation dose, the fruit must be free of stems and leaves.
    (G) To be certified for interstate movement under this section, 
melon from Hawaii must be inspected in Hawaii and found free of 
spiraling whitefly (Aleurodicus dispersus) before

[[Page 24856]]

undergoing irradiation treatment in Hawaii at the 150 gray dose. Fruit 
receiving the 150 gray dose also must either receive a post-harvest dip 
in accordance with treatment schedule T102-c as provided in Sec.  
305.42(b) or originate from an orchard or growing area that was 
previously treated with a broad-spectrum insecticide during the growing 
season and a pre-harvest inspection of the orchard or growing area 
found the fruit free of any surface pests as prescribed in a compliance 
agreement. Post-treatment inspection in Hawaii is not required if the 
fruit undergoes irradiation treatment at the 400 gray dose. Regardless 
of irradiation dose, melons must be washed to remove dirt and must be 
free of stems and leaves.
    (H) To be certified for interstate movement under this section, 
moringa pods from Hawaii must be inspected in Hawaii and found free of 
spiraling whitefly (Aleurodicus dispersus), inornate scale (Aonidiella 
inornata), green scale (Coccus viridis), and citrus mealybug 
(Pseudococcus cryptus) before undergoing irradiation treatment in 
Hawaii at the 150 gray dose. Fruit receiving the 150 gray dose also 
must either receive a post-harvest dip in accordance with treatment 
schedule T102-c as provided in Sec.  305.42(b) or originate from an 
orchard or growing area that was previously treated with a broad-
spectrum insecticide during the growing season and a pre-harvest 
inspection of the orchard or growing area found the fruit free of any 
surface pests as prescribed in a compliance agreement. Post-treatment 
inspection in Hawaii is not required if the fruit undergoes irradiation 
treatment at the 400 gray dose.
    (ii) Limited permit. A limited permit shall be issued by an 
inspector for the interstate movement of untreated articles from Hawaii 
into the continental United States for treatment in accordance with 
this section.
    (A) To be eligible for a limited permit under this section, 
untreated litchi from Hawaii must be inspected in Hawaii and found free 
of the litchi fruit moth (Cryptophlebia spp.) and other plant pests by 
an inspector.
    (B) To be eligible for a limited permit under this section, 
untreated sweetpotato from Hawaii must be inspected in Hawaii and found 
free of the gray pineapple mealybug (Dysmicoccus neobrevipes) and the 
Kona coffee-root knot nematode (Meloidogyne konaensis) by an inspector. 
In addition, sweetpotato from Hawaii to be treated with irradiation at 
a dose of 150 Gy must be sampled, cut, and inspected in Hawaii and 
found free of the ginger weevil (Elytrotreinus subtruncatus) by an 
inspector. Sampling, cutting, and inspection must be performed under 
conditions that will prevent any pests that may emerge from the sampled 
sweetpotatoes from infesting any other sweetpotatoes intended for 
interstate movement in accordance with this section.
    (C) To be eligible for a limited permit under this section, 
breadfruit and jackfruit from Hawaii must be free of stems and leaves 
and must originate from an orchard that was previously treated with a 
fungicide appropriate for the fungus Phytophthora tropicalis during the 
growing season and the fruit must be inspected prior to harvest and 
found free of the fungus or, after irradiation treatment, must receive 
a post-harvest fungicidal dip appropriate for Phytophthora tropicalis.
    (D) To be eligible for a limited permit under this section, fresh 
pods of cowpea and its relatives from Hawaii must be free of stems and 
leaves and must be inspected in Hawaii and found free of the cassava 
red mite (Oligonychus biharensis) and adults and pupae of the order 
Lepidoptera.
* * * * *
(Approved by the Officer of Management and Budget under control 
numbers 0579-0198, 0579-0281, and 0579-0331)

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

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5. The authority citation for part 318 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.


Sec.  318.13-4f  [Amended]

0
6. Section 318.13-4f is amended as follows:
0
a. By adding the word ``breadfruit,'' before the words ``Capsicum spp. 
(peppers)''.
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b. By adding the words ``cowpea pods,'' before the words ``Cucurbita 
spp. (squash)''.
0
c. By adding the word ``dragon fruit,'' before the word ``eggplant''.
0
d. By adding the word ``jackfruit,'' before the word ``litchi''.
0
e. By adding the words ``mangosteen, melon, moringa pods,'' before the 
word ``papaya''.

    Done in Washington, DC, this 30th day of April 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-9978 Filed 5-5-08; 8:45 am]
BILLING CODE 3410-34-P