[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Proposed Rules]
[Pages 34202-34224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13480]


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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. 73, No. 117 / Tuesday, June 17, 2008 / 
Proposed Rules

[[Page 34202]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 318

[Docket No. APHIS-2007-0052]
RIN 0579-AC70


Revision of the Hawaiian and Territorial Fruits and Vegetables 
Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to revise and reorganize the regulations 
pertaining to the interstate movement of fruits and vegetables from 
Hawaii and the territories to consolidate requirements of general 
applicability and eliminate redundant requirements, update terms and 
remove outdated requirements and references, and make various editorial 
and nonsubstantive changes to the regulations to make them easier to 
use. We are also proposing to make substantive changes to the 
regulations including establishing criteria within the regulations 
that, if met, would allow us to approve certain new fruits and 
vegetables for interstate movement in the United States and to 
acknowledge pest-free areas in Hawaii and U.S. territories 
expeditiously, and removing the listing in the regulations of some 
specific commodities as regulated articles. These changes are intended 
to simplify and expedite our processes for approving certain regulated 
articles for interstate movement and pest-free areas while continuing 
to allow for public participation in the processes. This proposal, if 
adopted, would not allow for the interstate movement of any specific 
new fruits or vegetables, nor would it alter the conditions for 
interstate movement of currently approved fruits or vegetables. These 
proposed changes would make our domestic interstate movement 
regulations more consistent with our fruits and vegetables import 
regulations. The proposed changes would not alter the manner in which 
the risk associated with a regulated article interstate movement 
request is evaluated, nor would it alter the manner in which those 
risks are ultimately mitigated.

DATES: We will consider all comments that we receive on or before 
August 18, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0052 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2007-0052, 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-2007-0052.
    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 Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in 7 CFR part 318, ``Hawaiian and Territorial 
Quarantine Notices'' (referred to below as the regulations), the Animal 
and Plant Health Inspection Service (APHIS) of the U.S. Department of 
Agriculture (USDA or the Department) prohibits or restricts the 
interstate movement of fruits, vegetables, and other products from 
Hawaii, Puerto Rico, the U.S. Virgin Islands, and Guam to the 
continental United States to prevent the spread of plant pests and 
noxious weeds that occur in Hawaii and the territories.
    We are proposing to revise and reorganize those portions of the 
regulations pertaining to the interstate movement of fruits and 
vegetables to consolidate requirements of general applicability and 
eliminate redundant requirements, update terms and remove outdated 
requirements and references, and make various editorial and 
nonsubstantive changes to the regulations to make them easier to use. 
We are also proposing to make substantive changes to the regulations 
including: Establishing criteria within the regulations that, if met, 
would allow us to approve certain new fruits and vegetables for 
interstate movement in the United States and to acknowledge pest-free 
areas in Hawaii and U.S. territories expeditiously; and removing the 
listing in the regulations of some specific commodities as regulated 
articles. These changes are intended to simplify and expedite our 
processes for approving certain regulated articles for interstate 
movement and pest-free areas while continuing to allow for public 
participation in the processes. This proposal, if adopted, would not 
allow for the interstate movement of any specific new fruits or 
vegetables, nor would it alter the conditions for interstate movement 
of currently approved fruits or vegetables. These proposed changes 
would make our domestic interstate movement regulations more consistent 
with our fruits and vegetables import regulations. The proposed changes 
would not alter the manner in which the risk associated with a 
regulated article's interstate movement request is evaluated, nor would 
it alter the manner in which the risk is ultimately mitigated.

The Current Regulations

    Currently, the regulations prohibit the interstate movement of 
fruits, vegetables, and other products from Hawaii, Puerto Rico, the 
U.S. Virgin Islands, and Guam into the continental United States or any 
other territory or possession of the United States unless the 
regulations specifically allow the interstate movement of the 
particular fruit, vegetable, or product.

[[Page 34203]]

    The regulations are divided into five subparts: Hawaiian Fruits, 
Vegetables, and Flowers (Sec. Sec.  318.13 through 318.13-17); 
Territorial Cotton, Cottonseed, and Cottonseed Products (Sec. Sec.  
318.47 through 318.47-4); Fruits and Vegetables From Puerto Rico or the 
Virgin Islands (Sec. Sec.  318.58 through 318.58-16); Sand, Soil, or 
Earth, with Plants From Territories and Districts (Sec.  318.60); and 
Guam (Sec. Sec.  318.82 through 318.82-3). For the purposes of this 
proposal, we will focus on three of those subparts: Hawaiian Fruits, 
Vegetables, and Flowers; Fruits and Vegetables From Puerto Rico or the 
Virgin Islands; and Guam. The Territorial Cotton, Cottonseed, and 
Cottonseed Products subpart and Sand, Soil, or Earth, with Plants From 
Territories and Districts subpart are not addressed in this proposal.
    Of the three subparts that are the focus of this proposal, each 
subpart contains a list of regulated articles from each State or 
territory, requirements of general applicability, as well as specific 
requirements regarding certain regulated articles.
    As a condition of interstate movement under the regulations, all 
approved fruits, vegetables, and other products are subject to some 
type of restriction to ensure that the regulated article does not act 
as a pathway for the dissemination of plant pests or noxious weeds 
within the United States. These restrictions are known as phytosanitary 
measures, and include any activities that have the effect of reducing 
the plant pest risk posed by a fruit, vegetable, or other product.
    Typically, certain products may be moved interstate if the movement 
is authorized by a limited permit or a valid certificate issued on the 
basis of inspection and verification of pest freedom or on the basis of 
treatment. These requirements are considered applicable to the 
interstate movement of all commodities. A partial list of the 
commodities that may be moved interstate from Hawaii and from Puerto 
Rico or the U.S. Virgin Islands under these conditions may be found in 
Sec. Sec.  318.13-2 and 318.58-2, respectively. Certain other fruits, 
vegetables, or products must meet additional requirements to be 
eligible for movement, including distribution restrictions, packing 
requirements, and other measures determined to be necessary to mitigate 
the pest risk posed by the particular regulated article. Requirements 
for the interstate movement of these commodities can be found in (( 
318.13-4b through 318.13-4j and Sec. Sec.  318.58-4a through 318.58-4c.

Proposed Revisions

Reorganization of the Regulations and Consolidation of Similar 
Provisions
    The Hawaii subpart and the Puerto Rico and U.S. Virgin Islands 
subpart are constructed in a similar manner and, with the exception of 
commodity-specific sections, each subpart contains the following 17 
sections that can be applied to all commodities moving interstate from 
those areas:
     Notice of quarantine;
     Definitions;
     Conditions of movement;
     Conditions governing the issuance of certificates or 
limited permits;
     Application for inspection;
     Container marking and identity;
     Products as ships' stores or in the possession of 
passengers or crew;
     Articles and persons subject to inspection;
     Inspection of means of conveyance;
     Inspection of baggage, other personal effects, and cargo;
     Disinfection of means of conveyance;
     Posting of warning notice and distribution of baggage 
declarations;
     Movement by the U.S. Department of Agriculture;
     Parcel post inspection;
     Costs and charges;
     Withdrawal of certificates, transit permits, limited 
permits, or compliance agreements; and
     Transit of fruits and vegetables from Hawaii or the 
territories into or through the United States.
    With the exception of the provisions regarding the posting of 
warning notices and distribution of baggage declarations, which appear 
only in the Hawaii subpart, there is little to no variation between the 
subparts in these 17 sections; any differences are more editorial then 
substantive. Each subpart also contains commodity-specific instructions 
for the movement of certain regulated articles. As explained later in 
this document, if this proposal is adopted, all of those sections would 
be removed from or relocated in the regulations. (See ``Regulated 
Article-Specific Provisions'' section later in this document.) While 
the interstate movement of regulated articles from Guam is covered 
within the scope of the Guam subpart, that subpart is outdated and most 
interstate movement requirements for Guam are not accurately reflected 
in the subpart.
    We are proposing to reorganize the regulations by combining the 
three Hawaiian and territorial subparts into one single subpart, 
``Regulated Articles From Hawaii and the Territories'' (Sec. Sec.  
318.13-1 through 318.13-25). In doing so, we would consolidate the 
generally applicable provisions that now appear in each subpart. We 
would also explicitly include the Commonwealth of the Northern Mariana 
Islands (CNMI) within the scope of the regulations and update the 
regulations to reflect administrative and procedural processes that 
have been modified or established since we last updated the 
regulations.
    In some cases, we would make no changes to the content of the 
current sections, but simply change their paragraph and section 
designations. In other cases, we would amend the text to make the 
regulations easier to understand, to correct errors, or to update them 
to reflect current APHIS operating procedures.
    In order to facilitate review of this proposal, which, if adopted, 
would relocate all current provisions to new sections within the 
regulations, we have prepared a cross-reference table that links the 
current provisions with the proposed provisions. The cross-reference 
document may be viewed on the Regulations.gov Web site (see ADDRESSES 
above for instructions for accessing Regulations.gov) and may be 
obtained by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT. The cross-reference document may also be viewed in our reading 
room (information on the location and hours of the reading room is 
provided under the heading ADDRESSES at the beginning of this proposed 
rule).

Section-by-Section Discussion of Additional Amendments

    Additional proposed amendments to the regulations are discussed 
below, by proposed section.

Notice of Quarantine (Proposed Sec.  318.13-1)

    Proposed Sec.  318.13-1 describes the authority held by the 
Secretary of Agriculture to regulate the interstate movement of fruits, 
vegetables, and other regulated articles.\1\ Proposed Sec.  318.13-1 
would continue to prohibit the interstate movement of fruits and 
vegetables and associate plants and portions of plants and other 
regulated articles except as provided in the Hawaii and territorial 
quarantine regulations or elsewhere in part 318. These proposed 
provisions were all drawn from and are consistent with those found in 
the existing Hawaiian and territorial subparts.
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    \1\ The Secretary of Agriculture has delegated authority for the 
formulation, direction, and supervision of APHIS policies, programs, 
and activities to the Administrator of APHIS.

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[[Page 34204]]

Definitions (Proposed Sec.  318.13-2)

    Proposed Sec.  318.13-2 contains definitions of terms used in the 
subpart. All the terms and their definitions were drawn from the 
existing Hawaiian and territorial subparts; however, we are proposing 
to make some substantive changes, including revising, adding, and 
removing certain definitions. Specifically, we are proposing to revise 
definitions for fruits and vegetables, interstate, and person. These 
new definitions would clarify the meaning of those terms in the context 
of the revised regulations.
    We are also proposing to add definitions for approved growing 
media, lot, regulated article, and soil. We are proposing to replace 
the current definition of certificate with a definition for 
certification. As explained later in this document under the section 
titled ``General Requirements for All Regulated Articles (Proposed 
Sec.  318.13-3),'' the term certification more accurately reflects 
current operating procedures. We are proposing to replace the current 
definition of commercial shipment with a definition of commercial 
consignment in order to eliminate confusion over what constitutes a 
``shipment.'' We are also proposing to replace the current definition 
of plant litter with a definition of plant debris in order to provide 
the most up-to-date term. All new and revised definitions may be found 
in Sec.  318.13-2 in the regulatory text at the end of this document.
    We are proposing to remove the definitions for administrative 
instructions; cactus plants; cereals; cotton and cotton covers; mango 
seeds; rice straw; seeds; State, territory, or district of the United 
States; and sugarcane or parts or by-products thereof because these 
terms are not used in the proposed new subpart.

General Requirements for All Regulated Articles (Proposed Sec.  318.13-
3)

    As explained earlier in this document, we are proposing to 
consolidate all existing general requirements for the interstate 
movement of regulated articles into Sec.  318.13-3. These requirements 
include provisions that pertain to:
     Freedom of regulated articles from plant debris;
     Certification;
     Limited permits;
     Compliance agreements;
     Withdrawal of certification, transit permits, limited 
permits, or compliance agreements;
     Container marking and identity;
     Refusal of entry;
     Costs and charges; and
     Responsibility for damage arising from quarantine actions 
or procedures.
    The current provisions for these requirements are contained in 
Sec. Sec.  318.13 through 318.13-4, Sec. Sec.  318.13-5 through 318.13-
17, Sec. Sec.  318.58 through 318.58-4, Sec. Sec.  318.58-5 through 
318.58-16, Sec.  318.82-2, and Sec.  318.82-3. In consolidating those 
provisions into a single section, we would set out the general 
requirements as follows:
Freedom From Plant Debris
    Proposed Sec.  318.13-3(a) would require that fruits and vegetables 
moved interstate from Hawaii, Puerto Rico, the U.S. Virgin Islands, 
CNMI, or Guam must be free from plant debris. These proposed provisions 
are drawn from and are consistent with those found in the existing 
Hawaiian and territorial subparts.
Certification
    Proposed Sec.  318.13-3(b) contains provisions under which 
certificates or limited permits may be issued for the movement of 
regulated articles under certain conditions. These proposed provisions 
were drawn from and are consistent with the provisions that appear in 
the corresponding sections of each of the Hawaiian and territorial 
subparts. However, while the regulations refer to the issuance of 
certificates, APHIS inspectors do not issue certificates, but rather 
stamp shipping boxes and/or containers or accompanying documents with a 
release stamp as a verification of certification. Therefore, we are 
proposing to amend the regulations by removing all references to 
issuing certificates, and we would instead use the term certification.
Limited Permits
    Proposed Sec.  318.13-3(c) contains provisions for the issuance of 
limited permits. These proposed provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.
Compliance Agreements
    Proposed Sec.  318.13-3(d) contains provisions for entering into 
compliance agreements with APHIS. These provisions were drawn from and 
are consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts. We are also 
proposing to require persons wishing to move fruits and vegetables 
interstate under certain approved notice-based measures to enter into a 
compliance agreement with APHIS. Specifically, we would require 
compliance agreements for persons wishing to move fruits and vegetables 
from fruit fly-free areas, in commercial consignments, or with 
inspection in the State of origin. The compliance agreement would help 
APHIS to trace back consignments should problems occur with the 
shipment as well as to monitor the establishment in which the fruits 
and vegetables are grown, packed, and otherwise processed.
Attachment of Limited Permit or Verification of Certification
    Proposed Sec.  318.13-3(e) contains provisions pertaining to the 
attachment of certification and limited permits. These provisions were 
drawn from and are consistent with the provisions that appear in the 
corresponding sections of each of the Hawaiian and territorial 
subparts.
Withdrawal of Transit Permits, Limited Permits, or Compliance 
Agreements
    Proposed Sec.  318.13-3(f) contains conditions under which APHIS 
will withdraw certification, transit permits, limited permits, or 
compliance agreements. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.
Container Marking and Identity
    Proposed Sec.  318.13-3(g) contains provisions regarding container 
marking and identity. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.
Refusal of Entry
    Proposed Sec.  318.13-3(h) explains conditions under which APHIS 
would refuse entry of a regulated article. Specifically, paragraph (h) 
provides that if an inspector finds that a regulated article is 
prohibited, or is not accompanied by required documentation, or is so 
infested with a plant pest or noxious weed that, in the judgment of the 
inspector, it cannot be cleaned or treated, or contains soil or other 
prohibited contaminants, the entire lot or consignment may be refused 
movement elsewhere in the United States. This change would clearly 
state our existing authority in the regulations and would not affect 
program operations in any way.
Costs and Charges for APHIS Services
    Proposed Sec.  318.13-3(i) contains provisions related to costs and 
charges for APHIS services. These provisions were drawn from and are 
consistent

[[Page 34205]]

with the provisions that appear in the corresponding sections of each 
of the Hawaiian and territorial subparts.
APHIS Not Responsible for Damage
    Proposed Sec.  318.13-3(j) contains provisions pertaining to 
responsibility for damages to regulated articles resulting from 
required treatments. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.

Approval of Certain Fruits and Vegetables for Interstate Movement 
(Proposed Sec.  318.13-4)

    Under our current process, in order for a fruit or vegetable to be 
approved for interstate movement from Hawaii, Puerto Rico, Guam, the 
U.S. Virgin Islands, the Commonwealth of Northern Mariana Islands, or 
any other territory or possession of the United States, APHIS, after 
receiving the movement request from a State or territory, first gathers 
information on the fruit or vegetable and then performs a pest risk 
analysis. The pest risk analysis usually contains two main components: 
(1) A risk assessment, to determine what pests of quarantine 
significance are associated with the fruit or vegetable and which of 
those are likely to follow the import pathway, and (2) a risk 
management analysis, to identify phytosanitary measures that could be 
applied to the fruit or vegetable and evaluate the potential 
effectiveness of those measures. When the risk analysis is complete, 
APHIS may then propose to allow the interstate movement of the fruit or 
vegetable through a proposed rule published in the Federal Register. 
Following its evaluation of public comments on the proposal and any 
other supporting documentation, APHIS may then issue a final rule that 
specifically lists the fruit or vegetable, and any applicable 
phytosanitary measures, in the regulations. The results of a pest risk 
analysis may also reveal that the risks posed by a fruit or vegetable 
cannot be sufficiently mitigated for a variety of reasons, and such 
movement continues to be prohibited. The current process for approving 
new commodities for interstate movement takes a significant period of 
time, ranging on average from 18 months to over 3 years (beginning with 
the initial request and ending with the publication of a final rule).
    In a final rule published on July 18, 2007 (72 FR 39482-39528, 
Docket No. APHIS-2005-0106) and effective on August 17, 2007, we 
established a performance-based process for approving the importation 
of commodities that, based on the findings of a pest risk analysis, can 
be safely imported subject to one or more of the designated 
phytosanitary measures listed in Sec.  319.56-4(b) of the regulations. 
These measures are:
     The fruits or vegetables are subject to inspection upon 
arrival in the United States and comply with all applicable provisions 
of Sec.  319.56-3;
     The fruits or vegetables are imported from a pest-free 
area in the country of origin that meets the requirements of Sec.  
319.56-5 for freedom from that pest and are accompanied by a 
phytosanitary certificate stating that the fruits or vegetables 
originated in a pest-free area in the country of origin;
     The fruits or vegetables are treated in accordance with 7 
CFR part 305;
     The fruits or vegetables are inspected in the country of 
origin by an inspector or an official of the national plant protection 
organization of the exporting country, and have been found free of one 
or more specific quarantine pests identified by the risk analysis as 
likely to follow the import pathway; and/or
     The fruits or vegetables are imported as commercial 
consignments only.
    In response to comments received on our proposed rule that preceded 
the July 2007 final rule, and in order to make our domestic regulations 
consistent with our import regulations, we are proposing to establish a 
similar regulatory approach that would allow APHIS to approve or reject 
certain fruits and vegetables for interstate movement from Hawaii and 
the territories. The process, which would be codified in proposed Sec.  
318.13-4, would entail the publication of notices in the Federal 
Register to advise the public of the findings of pest risk analyses and 
invite comment on those analyses prior to authorizing the interstate 
movement of any fruit or vegetable. The proposed measures, which are 
referred to as ``designated measures'' elsewhere in this document, 
would be similar, but not identical to those which are located in Sec.  
319.56-4, given that the proposed designated measures have been 
modified to account for the differences between interstate movement and 
importation. For example, in the current Hawaii/territorial 
regulations, inspectors must certify consignments through inspection or 
treatment before consignments may move interstate. Therefore, we have 
included certification as part of two designated measures--treatment 
and inspection in the State of origin. Also, Sec.  319.56-4 lists 
inspection upon arrival in the United States as a designated measure 
for imports. In proposed Sec.  318.13-4 we require that the inspection 
take place in the State of first arrival, which more accurately 
reflects the fact that the consignment is already in commerce in the 
United States. In Sec.  319.56-4, inspection in the country of origin 
by an inspector or an official of the national plant protection 
organization (NPPO) of the exporting country is listed as a designated 
measure, while this proposed rule would provide that inspection and 
certification take place in the State of origin by an inspector. The 
inspector could be a State agricultural inspector or an individual 
authorized by APHIS or the Department of Homeland Security. Finally, 
Sec.  319.56-4 provides that fruits or vegetables coming from approved 
pest-free areas be accompanied by a phytosanitary certificate. States 
do not issue phytosanitary certificates, nor do they issue any 
comparable document; therefore, the proposed equivalent measure would 
not provide for the issuance of additional documentation for 
consignments moving from pest-free areas. The proposed designated 
measures are as follows:
     Inspection in the first State of arrival and subject to 
other general requirements of proposed Sec.  318.13-3.
     Origination from a pest-free area in the State of origin 
in accordance with proposed Sec.  318.13-5.
     Treatment in accordance with part 305 and certification of 
applied treatment for pest(s).
     Commercial consignments only.
     Inspection and certification that the fruit or vegetable 
is pest free in the State of origin by an inspector.
    This proposed process for approving interstate movement would apply 
only to fruits and vegetables, not propagative material or other 
products (i.e., cut flowers, seeds, etc.) that are regulated under 7 
CFR part 318. Further, the proposed process would apply only to those 
fruits and vegetables that, based on the findings of risk analysis, we 
determine can be safely moved subject to one or more of the designated 
measures.
    We believe the proposed process would measurably speed up the 
evaluation and approval or denial of requests for interstate movement 
of fruits and vegetables, while continuing to provide opportunity for 
public analysis of and comment on the evidence used in our evaluation 
of the potential pest risks associated with the fruit or vegetable.
    In addition to the phytosanitary measures added to the regulations 
for the notice-based approach in the July

[[Page 34206]]

2007 final rule, we have evaluated one additional measure, limited 
distribution, for the notice-based process in this proposal. Limited 
distribution would be applied if the results of the pest risk analysis 
indicated that the risk of introducing specific pests of concern could 
be mitigated by limiting the geographical area within which the fruit 
or vegetable could be moved interstate. For example, based on the 
quarantine pest(s) identified, a pest risk analysis may determine that 
a mitigation measure should be to limit distribution of the fruit or 
vegetable to Alaska because the climate there would not be conducive 
for the particular pest's establishment. There are also box marking 
requirements that are associated with this measure to ensure that 
consignments are not misdirected. Using the previous example, we would 
require the shipping containers be marked as ``For Distribution in 
Alaska Only.''
    We have determined that limited distribution has a good track 
record of efficacy when used in combination with one or more of the 
other proposed designated measures. There are a number of regulated 
articles that currently move from Hawaii under distribution limitations 
(e.g., litchi and longan may not be moved interstate into Florida, and 
avocados may only be moved interstate to Alaska). Therefore, we are 
proposing to include this measure in the list of designated measures in 
this proposed rule.
    The interstate movement of fruits and vegetables that require 
additional phytosanitary measures beyond one or more of the designated 
measures cited above would continue to be authorized through specific 
prior rulemaking. For ease of discussion in this document, we refer to 
the proposed streamlined process as the ``notice-based process'' and 
the existing process as the ``rulemaking-based process.'' Note that the 
determination as to which process to follow (rulemaking or the notice-
based process) would be based exclusively on the conclusions of a risk 
analysis.
    Using the proposed notice-based process, when APHIS receives a 
request from a State Department of Agriculture to allow interstate 
movement of an additional fruit or vegetable, it would gather 
information on the fruit or vegetable and conduct a pest risk 
assessment. When the assessment is complete, if quarantine pests are 
associated with the fruit or vegetable in the State of origin,\2\ we 
would evaluate whether the risk posed by each quarantine pest can be 
mitigated by one or more of the designated measures cited previously in 
this document.\3\ If the designated measures alone are not sufficient 
to mitigate the risk posed by the fruit or vegetable--i.e., if 
additional risk mitigation is required beyond one or more of the 
designated phytosanitary measures--any further action on approving the 
fruit or vegetable for interstate would be undertaken using the 
rulemaking-based process for authorizing new fruits and vegetables for 
interstate movement. However, if APHIS determines in a risk management 
analysis that the risk posed by each identified quarantine pest 
associated with the fruit or vegetable in the State of origin can be 
mitigated by one or more of the designated measures, our findings would 
be communicated using the notice-based process; APHIS would publish in 
the Federal Register, for a public comment period of a minimum of 60 
days, a notice announcing the availability of the pest risk analysis. 
Each pest risk analysis made available for public comment will specify 
which of the designated phytosanitary measures would be required to be 
applied by APHIS.
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    \2\ Risk analyses could consider a State or territory, part of a 
State or territory, or all or parts of several States or 
territories.
    \3\ If no quarantine pests are identified in the pest risk 
analysis as likely to follow the pathway, a detailed risk management 
analysis would likely not be performed, but the interstate movement 
of the commodity would still be subject to the general requirements 
of proposed Sec.  318.13-3.
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    Under the notice-based process, APHIS would evaluate the comments 
we received in response to our notice of availability of the risk 
analysis. In the event that we receive no comments, or in the event 
that commenters do not provide APHIS with information that shows that 
the conclusions of the pest risk analysis are incorrect and that 
changes to the pest risk analysis are necessary, APHIS would then 
publish another notice in the Federal Register announcing that the 
Administrator has determined that, based on the information available, 
the application of one or more of the designated measures described 
above (and as specified in a given pest risk analysis) is sufficient to 
mitigate the risk that plant pests or noxious weeds could be introduced 
into or disseminated within the United States via the moved fruit or 
vegetable. APHIS would also respond to all substantive comments 
received on the initial notice in this second notice. APHIS would begin 
allowing the interstate movement of the particular fruit or vegetable, 
subject to the conditions described in the pest risk analysis, 
beginning on the date the Federal Register notice is published.
    In the event that commenters provide APHIS with information that 
shows that changes to the pest risk analysis are necessary, and if the 
changes made affect the conclusions of the analysis (i.e., that the 
application of the identified phytosanitary measures will not be 
sufficient to mitigate the risk posed by the identified pests), APHIS 
would proceed as follows:
     If additional phytosanitary measures beyond the designated 
measures described earlier in this document are determined to be 
necessary to mitigate the risk posed by the particular fruit or 
vegetable, any further action on the fruit or vegetable would follow 
the rulemaking-based process.
     If additional risk mitigation measures beyond those 
evaluated in the pest risk analysis are determined to be necessary, but 
the added measures still only include one or more of the designated 
measures described earlier in this document, APHIS may publish another 
notice announcing that the Administrator has determined that the 
application of one or more of the designated measures will be 
sufficient to mitigate the risk that plant pests or noxious weeds could 
be disseminated within the United States via the interstate movement of 
the fruit or vegetable. The notice would explain the additional 
mitigation measures that will be required for the interstate movement 
of the fruit or vegetable to be authorized and how APHIS made its 
determination. APHIS would begin allowing the interstate movement for 
the particular fruit or vegetable, subject to the conditions described 
in the revised pest risk analysis, beginning on the date specified in 
the Federal Register notice. Alternately, if APHIS believes that the 
revisions to the pest risk analysis are substantial, and that there may 
be continued uncertainty as to whether the designated measures are 
sufficient to mitigate the risk posed by the fruit or vegetable, APHIS 
may elect to make the revised risk analysis available for public 
comment via a notice in the Federal Register, or may make any further 
action on approving the fruit or vegetable for interstate movement 
subject to rulemaking.
    Note that APHIS does not set policy or regulatory requirements 
based on issues of economic competitiveness; our authority is tied to 
pest risk, and therefore our decisionmaking is based on an analysis of 
risk. While the proposed process would not preclude

[[Page 34207]]

the submission of comments regarding issues unrelated to risk, comments 
on issues such as economic competitiveness (e.g., comments that the 
proposed fruit or vegetable movement would result in decreased sales 
for continental U.S. producers of the same fruit or vegetable) would 
not merit a detailed response by APHIS. This proposal would allow APHIS 
to focus public discussion on the analysis of pest risk, which is the 
primary basis for our decisionmaking. We believe this policy is 
consistent with the provisions of the Plant Protection Act.
    The notice-based process would employ the use of Federal Register 
notices to communicate APHIS's consideration and approval or denial of 
requests that were previously only approved via rulemaking. As 
described above, Federal Register notices would be used to announce the 
availability of pest risk analyses for public comment. Federal Register 
notices would also be used to announce when the Administrator has 
determined that a particular fruit or vegetable that has been subject 
to risk analysis and public comment can, based on the findings of pest 
risk analysis, be approved for interstate movement in the United 
States. These notices would make clear the conditions under which such 
movement could occur, and would state that APHIS will immediately begin 
allowing the interstate movement of the fruit or vegetable. As 
described later in this document, these notices would also be used to 
make available any documentation of our consideration of the potential 
effects of the interstate movement of a fruit or vegetable on the 
environment, as required under the National Environmental Policy Act, 
as well as any other analyses determined by APHIS to be necessary under 
other Federal statutes, such as the Endangered Species Act.
    If the notice-based process is adopted for use by APHIS, we would 
not list commodities approved under this approach in the regulations, 
though such commodities would be listed in APHIS' Hawaii/CNMI and 
Puerto Rico/U.S. Virgin Islands fruits and vegetables manuals \4\ and 
the documentation supporting their approval would be made available on 
the Internet; we also would remove from the regulations those listed 
commodities that are currently approved for interstate movement subject 
only to one or more of the designated measures described earlier in 
this document. Consequently, we would remove the lists of commodities 
contained in current Sec. Sec.  318.13-2, 318.13-4b, 318.13-4f, and 
318.58-2 and the provisions in Sec.  318.58-4b, ``Irradiation treatment 
of regulated articles from Puerto Rico and the U.S. Virgin Islands,'' 
and Sec.  318.13-4c, ``Administrative instructions approving methyl 
bromide fumigation as a condition for certification of tomatoes for 
movement from Hawaii.''
---------------------------------------------------------------------------

    \4\ Currently, APHIS does not maintain a fruits and vegetables 
manual for Guam because there are no regulated articles being moved 
from Guam (see proposed Sec.  318.13-17 ``Regulated articles from 
Guam''). If as a result of this proposed rule, it becomes necessary 
to maintain a list of fruits and vegetables from Guam outside of the 
regulations, APHIS would list such information on the PPQ Internet 
Web site.
---------------------------------------------------------------------------

    We recognize that removing a large number of commodities from the 
regulations may cause some confusion as to whether a particular fruit 
or vegetable is approved for interstate movement in the United States, 
and under what conditions. However, for many years, APHIS has 
maintained Hawaii/CNMI and Puerto Rico/U.S. Virgin Islands fruits and 
vegetables manuals that were designed to be a hands-on reference for 
our inspectors. The manuals are a complete reference for all fruits and 
vegetables approved for interstate movement from those States and may 
be viewed on the APHIS Web site at http://www.aphis.usda.gov/import_
export/plants/manuals/ports/downloads/hawaii.pdf and http://
www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/
puerto_rico.pdf. These manuals are frequently used by shippers and 
other interested persons, in addition to APHIS personnel.
    Under this proposal, commodities that have been authorized for 
interstate movement under the provisions of Sec.  318.13-4 would be 
added to the manuals for their State or territory of origin, but not 
the regulations. Furthermore, the manual would list those designated 
measures that apply to each of those commodities. We also plan to 
incorporate commodities that have been approved for interstate movement 
into a searchable database at some point in the future. We are 
currently developing a database for commodities in our imported fruits 
and vegetables manual. The new database will allow interested persons 
to search by regulated article or by country, and will list clearly the 
conditions that apply to each particular regulated article from a 
specified country. We envision the database as a comprehensive source 
for all types of users--inspectors, importers, shippers, and other 
members of the public.
    We would also include in proposed Sec.  318.13-4 provisions that 
would allow APHIS to amend interstate movement requirements or withdraw 
approval of particular commodities whose movement is approved under 
Sec.  318.13-4. Specifically, APHIS could amend interstate movement 
requirements if we determine that the currently assigned designated 
phytosanitary measures are not sufficient to mitigate the risk posed by 
the particular fruit or vegetable. This could occur due to 
interceptions of new pests in moved fruits or vegetables or evidence of 
other risks. Under this provision, APHIS would announce that it was 
prohibiting or further restricting the interstate movement of the 
particular fruit or vegetable by publishing a notice in the Federal 
Register. In such cases, APHIS would take immediate action as 
appropriate at ports of entry, and would follow such action as quickly 
as practicable with notice in the Federal Register. The notice would 
specify the amended interstate movement requirements, provide an 
effective date for the change, and would invite public comment on the 
subject. It is likely that most such actions would be effective 
immediately, in order to address newly identified risks in a timely 
fashion; however, if there is uncertainty as to the risk posed, APHIS 
may request comment on a change in interstate movement requirements 
prior to making such a change effective.

Pest-Free Areas (Proposed Sec.  318.13-5)

    Currently, there are no provisions for establishing pest-free areas 
for Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, or CNMI. In 
this document, we are proposing to add a process for establishing pest-
free areas and would provide for pest-free areas to be recognized using 
a notice-based approach. Proposed Sec.  318.13-5, paragraph (a) would 
provide that APHIS would make a determination of an area's pest-free 
status based on information provided by the State. The information 
APHIS would use in its determination would include trapping and 
surveillance data, survey protocols, and protocols for actions to be 
taken upon discovery of a pest. If warranted, APHIS would publish a 
notice in the Federal Register, making the information used to make the 
determination available to the public and solicit comment for 60 days. 
Following the comment period, if appropriate, APHIS would begin 
allowing movement of the regulated article from the pest-free area 
without mitigations for the particular pest because:
    1. No comments were received on the notice or
    2. The comments on the notice did not affect the overall 
conclusions of the

[[Page 34208]]

notice and the Administrator's determination of risk.
    A comprehensive list of pest-free areas would be made available by 
APHIS on the Internet, but no such list would be contained in the 
regulations. Rather, the regulations would simply identify the 
standards an area must meet to be considered pest free, as shown in 
proposed Sec.  318.13-5.
    In conjunction with this proposed change, we would also include a 
provision in proposed Sec.  318.13-5 regarding how we would acknowledge 
the decertification of pest-free areas. Specifically, paragraph (d) of 
that section would provide that in the event of pest infestation in an 
approved pest-free area, APHIS will publish in the Federal Register a 
notice announcing that the pest-free status of the area in question has 
been withdrawn, and that movement of host crops for the pest in 
question are subject to additional mitigations, if any exist. If an 
alternative mitigation for the pest is not available, the interstate 
movement would be prohibited. In order for a decertified pest-free area 
to be reinstated, a State would have to submit new information 
supporting its pest-free status as discussed in paragraph (b) of this 
section to be approved by APHIS.
    Paragraph (e) would set forth general requirements for the 
interstate movement of regulated articles from pest-free areas in 
Hawaii, Puerto Rico, Guam, CNMI, or the U.S. Virgin Islands. 
Specifically, paragraph (e) would provide that each box of fruits or 
vegetables that is moved interstate from a pest-free area under this 
subpart be labeled with the name of the orchard or grove or origin, or 
the name of the grower; the name of the municipality and State or 
territory in which the fruits or vegetables were produced; and the type 
and amount of fruit the box contains. Paragraph (e) would further 
provide that persons wishing to move fruits or vegetables from Hawaii, 
Puerto Rico, Guam, CNMI, or the U.S. Virgin Islands enter into a 
compliance agreement with APHIS in accordance with the provisions for 
compliance agreements in Sec.  318.13-3(d). Finally, paragraph (e) 
would require that fruits or vegetables moved from a pest-free area 
into or through a non-free area be safeguarded during the time they are 
present in a non-free area by insect-proof mesh screens or plastic 
tarpaulins, including while in transit to the packinghouse and while 
awaiting packaging. Further, we would require fruits or vegetables that 
are moved through a non-free area during transit to a port to be packed 
in insect-proof cartons or containers or be covered by insect-proof 
mesh or plastic tarpaulins during transit to the port and subsequent 
movement to the continental United States. These safeguards would 
provide necessary protection of commodities moved interstate against 
pest infestation while they are in transit through the United States 
and are consistent with standard operating procedures of all current 
programs for the export of fruits or vegetables from foreign pest-free 
areas.

General Requirements

Transit of Regulated Articles From Hawaii or the Territories Into or 
Through the Continental United States (Proposed Sec.  318.13-6)

    Proposed Sec.  318.13-6 contains provisions for fruits and 
vegetables from Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, and 
Guam to transit through the United States en route to another country. 
These provisions were drawn from and are consistent with the provisions 
that appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Products as Ships' Stores or in the Possession of Passengers or Crew 
(Proposed Sec.  318.13-7)

    Proposed Sec.  318.13-7 contains provisions for certain regulated 
articles from Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, and 
Guam to be moved interstate as ships' stores or in the possession of 
passengers and crew on ships. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.

Articles and Persons Subject to Inspection (Proposed Sec.  318.13-8)

    Proposed Sec.  318.13-8 contains provisions related to the 
inspection of persons, means of conveyance, baggage, cargo, and any 
other articles destined for movement from Hawaii, Puerto Rico, the U.S. 
Virgin Islands, CNMI, and Guam to a destination elsewhere in the United 
States. These provisions were drawn from and are consistent with the 
provisions that appear in the corresponding sections of each of the 
Hawaiian and territorial subparts.

Inspection and Disinfection of Means of Conveyance (Proposed Sec.  
318.13-9)

    Proposed Sec.  318.13-9 contains provisions for inspecting aircraft 
prior to departure from Hawaii, Puerto Rico, the U.S. Virgin Islands, 
CNMI, and Guam; inspection of aircraft moving to Guam; and inspection 
of ships upon arrival in the United States. Proposed Sec.  318.13-9 
also contains provisions for disinfecting means of conveyance. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Inspection of Baggage, Other Personal Effects, and Cargo (Proposed 
Sec.  318.13-10)

    Proposed Sec.  318.13-10 contains provisions for inspecting 
aircraft passengers, aircraft crew, persons traveling to Guam, persons 
traveling by ship as well as provisions for accepting baggage and 
loading on aircraft, loading of certain cargoes, removing certain 
cargoes in Guam, and providing space and facilities for baggage and 
cargo inspection. These provisions were drawn from and are consistent 
with the provisions that appear in the corresponding sections of each 
of the Hawaiian and territorial subparts.

Posting of Warning Notice and Distribution of Baggage Declarations 
(Proposed Sec.  318.13-11)

    Proposed Sec.  318.13-11 contains provisions for distributing 
baggage declarations to passengers on aircrafts, ships, vessels, or 
other surface craft moving to Guam, CNMI, or American Samoa. In 
addition, proposed Sec.  318.13-11 contains requirements for posting 
warning notices directing attention to the regulations in the Hawaii 
and territorial subparts on docks, harbors, or landing fields in 
Hawaii, Puerto Rico, Guam, CNMI, or the U.S. Virgin Islands. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding section in the Hawaii subpart; except that 
we are proposing to amend some of those provisions to reflect current 
APHIS practices. Specifically, we are proposing to amend those 
provisions to require that baggage declarations be distributed to 
passengers on aircraft, ships, vessels, or other surface crafts moving 
to Guam, CNMI, or American Samoa. Hawaii does not distribute baggage 
declarations to passengers on all outgoing aircraft, ships, vessels, or 
other surface crafts; therefore we are also proposing to remove those 
requirements. Paragraph (b) of Sec.  318.13-12 of the current 
regulations contains instructions for posting warning notices in docks, 
harbors, or landing fields in Hawaii, which direct the passengers' 
attention to the quarantine and regulations in 7 CFR part 318. We would 
not include footnotes 5 and 6 in proposed Sec.  318.13-11 because the 
footnotes reference form PPQ 232, which no longer exists.

[[Page 34209]]

Movement by the U.S. Department of Agriculture (Proposed Sec.  318.13-
12)

    Proposed Sec.  318.13-12 contains provisions under which the USDA 
may move articles whose interstate movement is otherwise prohibited or 
restricted to move interstate from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, CNMI, or Guam. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.

Movement of Frozen Fruits and Vegetables (Proposed Sec.  318.13-13)

    Proposed Sec.  318.13-13 provides conditions under which frozen 
fruits and vegetables may be certified for interstate movement from 
Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, or Guam. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Movement of Processed Fruits, Vegetables, and Other Products (Proposed 
Sec.  318.13-14)

    The Hawaii/territorial fruits and vegetables manuals currently 
place restrictions on the interstate movement of processed fruits, 
vegetables, and other products from those areas; however, there are no 
corresponding requirements in the regulations. In this document, we are 
proposing to add general requirements regarding the interstate movement 
of processed products from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, CNMI, and Guam in proposed Sec.  318.13-14. Specifically, 
proposed Sec.  318.13-14(a) would provide that fruits, vegetables, and 
other products that are processed sufficiently as to preclude the 
survival of any live pests can be moved interstate from Hawaii, Puerto 
Rico, the U.S. Virgin Islands, CNMI, and Guam. A listing of processed 
products that are currently approved for interstate movement from those 
States can be found in the Hawaii/territorial manuals. Proposed 
paragraph (b) of this section provides that consignments of dried 
fruits, vegetables, or other products that are capable of harboring 
fruit flies will be subject to the same interstate movement conditions 
that apply to the fruit or vegetable in its unprocessed state.

Parcel Post Inspection (Proposed Sec.  318.13-15)

    Proposed Sec.  318.13-15 provides conditions under which inspectors 
are authorized to inspect parcel post packages placed in the mail in 
Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, or Guam. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Regulated Articles Allowed Interstate Movement Subject to Specific 
Conditions (Proposed Sec.  318.13-16)

    Currently, the regulations contain provisions for interstate 
movement of certain regulated articles from Hawaii, Puerto Rico, the 
U.S. Virgin Islands, and Guam to other locations in the United States 
subject to inspection and other requirements. As explained elsewhere in 
this document, most such commodities would no longer be listed in the 
regulations under this proposal. However, as also explained earlier in 
this document, some commodities listed in the current regulations are 
allowed interstate movement subject to additional measures beyond the 
designated measures used in the notice-based process. We are proposing 
to list those commodities, and any requirements that apply to their 
interstate movement beyond the general requirements of Sec.  318.13-3, 
in proposed Sec.  318.13-16. Such commodities would remain subject to 
the same restrictions that currently apply to their interstate 
movement. In some cases, restrictions that apply to the movement of 
specific fruits, vegetables, and other products from Hawaii, Puerto 
Rico, the U.S. Virgin Islands, CNMI, and Guam are contained in each 
State's respective fruits and vegetables manual, but not in the 
regulations. Consequently, we are proposing to add some commodities to 
the regulations that are currently listed, along with applicable 
movement restrictions, only in one of those manuals. A table with those 
commodities and the location of their current interstate movement 
requirements follows. See proposed Sec.  318.13-16 for a list of 
commodities and applicable requirements. Authorization of additional 
commodities subject to any of these additional measures or measures 
other than the designated measures described earlier in this document 
would continue to require prior specific rulemaking.

----------------------------------------------------------------------------------------------------------------
                                                                                 Location of current interstate
       State of origin                  Common name            Botanical name         movement requirements
----------------------------------------------------------------------------------------------------------------
Hawaii.......................  Bananas.....................  Musa spp.........  Hawaii/CNMI fruits and
                                                                                 vegetables manual (``Additional
                                                                                 fruits and vegetables approved
                                                                                 for movement from Hawaii to
                                                                                 Alaska only'' table on page 6-
                                                                                 13).
                               Edible flowers (Pot           Calendula spp....  Hawaii/CNMI fruits and
                                marigold, johnny-jump-ups,                       vegetables manual (page 6-12).
                                pansies, and violets).
                               Pineapple...................  Ananas comosus...  Hawaii/CNMI fruits and
                                                                                 vegetables manual (page 6-12).
Puerto Rico..................  Cactus......................  Cactaceae........  Puerto Rico/U.S. Virgin Islands
                                                                                 fruits and vegetables manual
                                                                                 (table 7-3-19).
                               Okra........................  Abelmoschus        Puerto Rico/U.S. Virgin Islands
                                                              escuelentus.       fruits and vegetables manual
                                                                                 (tables 7-3-1 and 7-3-3).
                               Edible flowers (pot           Calendula spp....  Puerto Rico/U.S. Virgin Islands
                                marigold, johnny-jump-ups,                       fruits and vegetables manual
                                pansies, and violets).                           (table 7-3-1).
U.S. Virgin Islands..........  Cactus......................  Cactaceae........  Puerto Rico/U.S. Virgin Islands
                                                                                 fruits and vegetables manual
                                                                                 (table 7-3-19) and Sec.
                                                                                 318.58-2(b)(3).
                               Okra........................  Abelmoschus        Puerto Rico/U.S. Virgin Islands
                                                              escuelentus.       fruits and vegetables manual
                                                                                 (tables 7-3-1 and 7-3-3).
                               Edible flowers (pot           Calendula spp....  Puerto Rico/U.S. Virgin Islands
                                marigold, johnny-jump-ups,                       fruits and vegetables manual
                                pansies, and violets).                           (table 7-3-1).
----------------------------------------------------------------------------------------------------------------


[[Page 34210]]

Regulated Articles From Guam (Proposed Sec.  318.13-17)

    Proposed Sec.  318.13-17 contains interstate movement requirements 
that would apply specifically to regulated articles from Guam. These 
provisions were drawn from and are consistent with the provisions that 
appear in the Guam subpart; except that the reference to part 321 would 
be removed because part 321, ``Restricted Entry Orders,'' has been 
removed (see 62 FR 50237-50239, Docket No. 97-010-2).
    Sections 318.13-18 through 318.13-20 would be reserved to provide 
additional space in ``Subpart-Hawaiian and Territorial Quarantine 
Notices'' for future amendments, should such amendments be needed.

Regulated Article-Specific Provisions (Proposed Sec. Sec.  318.13-21 
through 318.13-25)

    Sections 318.13-4a through 318.13-4j and Sec. Sec.  318.58-4a 
through 318.58-4c contain restrictions on the movement of specific 
commodities. As explained elsewhere in this document, a number of these 
sections will be removed if this proposal is adopted. However, all or 
part of the following sections would be retained under this proposal:
     Sec.  318.13-4d, ``Vapor heat treatment of sweetpotatoes 
from Hawaii.''
     Sec.  318.13-4g, ``Administrative instructions governing 
movement of avocados from Hawaii to Alaska.''
     Sec.  318.13-4i, ``Conditions governing the movement of 
bananas from Hawaii.''
     Sec.  318.13-4j, ``Administrative instructions governing 
the interstate movement of cut blooms of gardenia from Hawaii.''
     Sec.  318.58-4c, ``Movement of sweetpotatoes from Puerto 
Rico to certain ports.''
    Under this proposal, some or all of the provisions contained in the 
sections listed above would be relocated to new sections of the 
proposed regulations, as shown in the cross reference document. As 
would be the case with requirements of general applicability, we would 
make no changes to the content of the sections, but simply change 
paragraph and section designations. In other cases, we are proposing to 
amend the text to make the regulations easier to understand, to correct 
errors, or to update them to reflect current APHIS operating 
procedures. None of these changes would represent a substantive change 
in interstate movement policy.
    Current Sec.  318.13-4d contains restrictions on the interstate 
movement of sweetpotatoes from Hawaii. Under this proposal, all 
provisions contained in current Sec.  318.13-4d would be relocated to 
proposed Sec.  318.13-25, except that the new section would not include 
a statement that vapor heat treatment is an authorized treatment for 
sweetpotatoes from Hawaii, as part 305 already lists vapor treatment as 
an approved treatment.
    Current Sec.  318.13-3(b)(1) contains conditions governing the 
interstate movement of cut flowers from Hawaii except for cut blooms 
and leis of mauna loa and jade vine and except for cut blooms of 
gardenia not grown in accordance with Sec.  318.13-4j, ``Administrative 
instructions governing the interstate movement of cut blooms of 
gardenia from Hawaii.'' Under this proposal, the cut flower-related 
provisions of Sec.  318.13-3(b)(1) and the conditions for the 
interstate movement of gardenia in Sec.  318.13-4j would be relocated 
to proposed Sec.  318.13-23.
    Current Sec.  318.13-4i contains conditions governing the 
interstate movement of bananas from Hawaii, including a requirement 
that the fruit be safeguarded from fruit fly infestation during 
transit. Under this proposal, all provisions contained in current Sec.  
318.13-4i would be relocated to proposed Sec.  318.13-22, except that 
the new section would specifically provide that bananas being moved 
interstate must be safeguarded from fruit fly infestation by being 
covered with insect-proof packaging, such as insect-proof mesh screens 
or plastic tarpaulins. This change is necessary to clarify the 
safeguarding requirement in this section.
    Current Sec.  318.58-4c contains conditions governing the 
interstate movement of sweetpotatoes from Puerto Rico. The current 
regulations provide that the fields in which sweetpotatoes have been 
grown must be treated with an approved soil insecticide and that before 
planting in treated fields, the sweetpotato draws and vine cuttings 
must be dipped in an approved insecticidal solution. Under this 
proposal, all provisions contained in current Sec.  318.58-4c would be 
relocated to proposed Sec.  318.13-24, except that we would clarify 
that the soil insecticide and insecticidal solution must be approved by 
APHIS.

Miscellaneous Changes

    In addition to the changes described elsewhere in this document, we 
propose to update references to contact points for APHIS program units 
as appropriate. We would also update, as necessary, various references 
to sections of the fruits and vegetables regulations located elsewhere 
in 7 CFR chapter III.

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.
    We have prepared an initial regulatory flexibility analysis that 
considers the potential economic effects of this proposed rule on small 
entities, as required by the Regulatory Flexibility Act. The economic 
analysis is summarized below. Copies of the full analysis are available 
from the person listed under FOR FURTHER INFORMATION CONTACT. Please 
refer to Docket No. APHIS-2007-0052 when requesting copies. The full 
analysis is also available on the Regulations.gov Web site and in our 
reading room (instructions for accessing Regulations.gov and 
information on the location and hours of the reading room are provided 
under the heading ADDRESSES at the beginning of this document).
    This proposed rule would revise and reorganize the regulations 
pertaining to the interstate movement of fruits and vegetables from 
Hawaii, Puerto Rico, the U.S. Virgin Islands, and Guam. This would be 
done to consolidate requirements of general applicability and eliminate 
redundant requirements, update terms and remove outdated requirements 
and references, make various editorial and nonsubstantive changes to 
the regulations to make them easier to use, and expand their 
applicability to include the CNMI and all other territories and 
possessions of the United States.
    APHIS is also proposing to make substantive changes to the 
regulations. This proposed rule would establish criteria within the 
regulations that, if met, would allow APHIS to approve certain fruits 
and vegetables for interstate movement and to acknowledge pest-free 
areas in Hawaii and U.S. territories without undertaking rulemaking. 
Currently, these commodities may only be brought into the continental 
United States after completion of a pest risk analysis, risk management 
document, and rulemaking, if the commodities are not currently included 
on the list of regulated articles. A similar type of notice-based 
procedure has been implemented by APHIS for approving imports. 
Implementing this rule would establish a similar approach for 
authorizing the interstate movement of certain fruits and vegetables 
and other

[[Page 34211]]

articles. This proposed rule would also result in certain regulated 
articles no longer being listed in the regulations. These changes would 
simplify and expedite the APHIS processes for approving certain 
regulated articles for interstate movement and pest-free areas while 
continuing to allow for public participation in the process.
    APHIS expects little impact on the total supply of fruits and 
vegetables available in the continental United States, and little 
change in the movement of fruits and vegetables from Hawaii and the 
territories; effects on U.S. producers, marketers, and consumers are 
expected to be small. The main provision of this proposed rule 
represents a structural revision of the regulations pertaining to the 
movement of fruits and vegetables from Hawaii, Puerto Rico, the U.S. 
Virgin Islands, Guam, and CNMI, and establishes a new process for 
approving commodities for movement into the continental United States. 
However, those commodity movement requests most likely to qualify for 
the notice-based process are specialty crops having limited markets. 
The proposed rule would not alter the conditions that apply to 
currently approved fruits or vegetables.
    Of particular note with respect to the approval process, the change 
would allow a newly approved commodity to move more quickly into 
commerce to the benefit of consumers and Hawaiian and territorial 
producers once it has been determined that the commodity can be safely 
moved interstate subject to one or more designated risk management 
measures. This proposal, itself, would not allow for the interstate 
movement of any specific fruits or vegetables, nor would it alter the 
conditions for interstate movement of currently approved fruits or 
vegetables except as specifically described in the proposed rule. These 
proposed changes would not alter the manner in which the risk 
associated with a commodity interstate movement request is evaluated, 
nor would it alter the manner in which those risks are ultimately 
mitigated. Consumers would have quicker access to some fruits and 
vegetables, while risks would still be evaluated and appropriate 
mitigations required, as they are currently.
    The requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) for this rulemaking are met through the following analysis. The 
economic effects of approving specific commodities for interstate 
movement using the streamlined approach would not be analyzed at the 
time of their approval, since such approval would occur without 
additional rulemaking.

Fruit and Vegetable Production

    The fruit and tree nut and the vegetable and melon sectors are 
vibrant in the United States, for both consumers and producers. The 
United States is one of the world's leading producers and consumers of 
vegetables and melons. The annual sale of vegetables and melons earned 
farmers $17.3 billion on average during 2001-03, more than 8 percent of 
all farm cash receipts (crops and livestock) and 17 percent of crop 
receipts. Similarly, the U.S. fruit and tree nuts industry is an 
important component of the U.S. farm sector. It generated over $12 
billion in U.S. farm cash receipts annually in the early 2000s, 
averaging 6 percent of all farm cash receipts and 12 percent of all 
crop receipts.
    The typical American annually consumes over 280 pounds of fruit and 
tree nuts (fresh and processed products) each year, ranking third in 
per capita consumption of major food groups, next to dairy and 
vegetables. Annual per capita consumption of all vegetables and melons 
rose 4 percent from 1991-93 to 2001-03, reaching 440 pounds as fresh 
consumption increased and processed fell. Consumer expenditures for 
fruit and vegetables are growing faster than for any food group other 
than meats. Increased domestic and world supplies, rising disposable 
incomes, and a growing and more culturally diverse population will 
continue to expand consumer demand for fruits and vegetables in the 
United States over the next decade. Another important stimulus is 
continued emphasis on health and nutrition. The fruit and vegetable 
industries have been very active in promoting the health benefits of 
fruit and vegetable consumption.
    Hawaii and the U.S. territories are important sources of fresh 
fruits and vegetables for the rest of the United States. In 2002, 666 
Hawaiian farms produced more than $55 million in vegetables, melons, 
potatoes, and sweet potatoes, equal to about 10 percent of total 
Hawaiian agricultural sales; and 2,582 Hawaiian farms produced more 
than $179 million in fruits, tree nuts, and berries, accounting for 
more than 33 percent of total Hawaiian agricultural sales. In 2002, 
Hawaii ranked seventh among the States in the production of fruits, 
tree nuts, and berries, and 28th in the production of vegetables, 
melons, potatoes and sweet potatoes. Hawaii's growers of tropical 
specialty fruit produced and sold an estimated 1.5 million pounds of 
fresh fruit in 2005, according to the USDA's National Agricultural 
Statistics Services (NASS) Hawaii field office. This amount was half 
again as large as the revised 2004 output of 1 million pounds and the 
highest on record for fresh tropical specialty fruit since records 
began to be published for this group.

Initial Regulatory Flexibility Analysis

    The Regulatory Flexibility Act requires agencies to evaluate the 
potential effects of proposed and final rules on small businesses, 
small organizations, and small governmental jurisdictions.

Description of the Rreasons Why Action by APHIS is Being Considered

    This proposed rule would revise and reorganize the regulations 
pertaining to the interstate movement of fruits and vegetables from 
Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, and Guam to 
consolidate requirements of general applicability and eliminate 
redundant requirements, update terms and remove outdated requirements 
and references, and make various editorial and nonsubstantive changes 
to the regulations to make them easier to use. It would also establish 
criteria within the regulations that, if met, would allow APHIS to 
approve certain fruits and vegetables for interstate movement and to 
acknowledge pest-free areas in Hawaii and U.S. territories without 
undertaking rulemaking. These changes would simplify the regulations 
and expedite the APHIS processes for approving certain regulated 
articles for interstate movement and pest-free areas while continuing 
to allow for public participation in the process.

Objectives of, and Legal Basis for, the Proposed Rule

    By eliminating the need for specific prior rulemaking for 
commodities for which the notice-based process would be appropriate, 
considerable time savings could be reaped. The current process for 
approving fruits and vegetables for interstate movement takes a notable 
period of time, ranging on average from 18 months to 3 years (beginning 
with the initial request and ending with the publication of a final 
rule).
    Consumers benefit from the ability to purchase fruits and 
vegetables from a wide variety of sources. Many of the commodities that 
are likely to be covered by this rule are niche products, unavailable 
or limited in availability in the continental United States. This rule 
would allow producers in Hawaii and the U.S. territories to more 
quickly meet continental U.S. consumer demand for those niche products. 
In addition, climate causes most fruit and vegetable production in the 
continental United

[[Page 34212]]

States to be seasonal, with the largest harvests occurring during the 
summer and fall. Speeding up the process of approving the interstate 
movement of fruits and vegetables from Hawaii and the U.S. territories 
would allow continental supplies to be more quickly supplemented, 
especially of fresh products during the winter; increased choices for 
consumers and more markets for producers would occur sooner than under 
the rulemaking process.
    The Plant Protection Act (7 U.S.C. 7701 et seq.) gives authority to 
the Secretary of Agriculture to prohibit or restrict the importation, 
entry, exportation, or movement in interstate commerce of any plant, 
plant product, biological control organism, noxious weed, article, or 
means of conveyance if the Secretary determines that the prohibition or 
restriction is necessary to prevent the introduction of a plant pest or 
noxious weed within the United States. The Secretary has delegated this 
authority to the APHIS Administrator.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rule Will Apply

    Those entities most likely to be economically affected by the rule 
are wholesalers and producers of fruits and vegetables. The Small 
Business Administration (SBA) has established guidelines for 
determining which establishments are to be considered small. A firm 
primarily engaged in wholesaling fresh fruits and vegetables is 
considered small if it employs not more than 100 persons. In 2002, 
about 95 percent (4,044 of 4,244) of fresh fruit and vegetable 
wholesalers in the United States were small by SBA standards.\5\ All 
types of fruit and vegetable farms are considered small if they have 
annual receipts of $0.75 million or less. With some exceptions, 
vegetable and melon farms are largely individually owned and relatively 
small, with two-thirds harvesting fewer than 25 acres. In 2002, between 
80 and 84 percent of U.S. vegetable and melon farms were considered 
small. Similarly, although numbers have declined, fruit and tree nut 
production is still dominated by small, family, or individually run 
farm operations. In 2002, between 92 and 95 percent of all fruit and 
tree nut farms were considered small.\6\
---------------------------------------------------------------------------

    \5\ 2002 Economic Census. Department of Commerce. U.S. Bureau of 
the Census. North American Industry Classification system (NAICS) 
Category 424480; Fresh fruit & Vegetables wholesalers.
    \6\ 2002 Census of Agriculture, USDA-NASS. NAICS Categories-
1112: Vegetable and melon farming; 1113: Fruit and tree nut farming.
---------------------------------------------------------------------------

    Based on the information that is available, the effects of this 
rule should be small whether the entity affected is small or large. 
Those commodity interstate movement requests most likely to qualify for 
the notice-based process would be for specialty crops with limited 
markets. This proposal would merely allow certain commodities to move 
more quickly into interstate commerce to the benefit of consumers and 
Hawaiian and territorial producers, once it has been determined that 
the commodity can be safely moved subject to one or more designated 
risk management measures. Hence, we expect little impact on the total 
volume of U.S. fruits and vegetables, or on U.S. producers, marketers, 
and consumers.
    Nevertheless, we invite public comment on the proposed rule, 
including any comment on the expected impacts for small entities, and 
on how the proposed rule could be modified to reduce expected costs or 
burdens for small entities consistent with its objectives. Any comment 
suggesting changes to the proposed criteria should be supported by an 
explanation of why the changes should be considered.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The proposed rule contains, under the heading ``Paperwork Reduction 
Act,'' a description of the information collection and recordkeeping 
requirements associated with the proposed rule.

Duplication, Overlap, or Conflict With Other Federal Rules

    APHIS has not identified any duplication, overlap, or conflict of 
the proposed rule with other Federal rules.

Description of Any Significant Alternatives to the Proposed Rule

    An alternative to this rule would be to simply continue under 
APHIS' current process for authorizing the interstate movement of 
fruits and vegetables. In this case, we would continue to list all 
newly approved fruits and vegetables in the regulations through notice-
and-comment rulemaking. A notice-based procedure has been implemented 
by APHIS for approving imports and is working successfully, and we 
believe a similar process for approving the interstate movement of 
certain articles would be appropriate. Thus, we believe that 
maintaining the current process for all regulated articles is 
unnecessary. We believe that the new approach would enable us to be 
more responsive to interstate movement requests while maintaining 
transparent decisionmaking. Therefore this alternative was rejected.

Future Analyses

    If this proposed rule is adopted as a final rule, the requirements 
of Executive Order 12866 or the Regulatory Flexibility Act will be met 
through the analyses that accompany the final rule. The economic 
effects of the interstate movement of the specific commodities that are 
approved using the streamlined approach would not be analyzed at the 
point of approval, since such approval would occur without additional 
rulemaking.

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) State and 
local laws and regulations will not 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.

National Environmental Policy Act

    The majority of the regulatory changes proposed in this document 
are nonsubstantive, and would therefore have no effects on the 
environment. However, this proposal, if adopted, would allow APHIS to 
approve certain new articles for interstate movement without 
undertaking rulemaking. Despite the fact that those fruits and 
vegetable imports would no longer be contingent on the completion of 
rulemaking, the requirements of the National Environmental Policy Act 
of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), would still apply. 
As such, for each additional regulated article approved for interstate 
movement, APHIS would make available to the public documentation 
related to our analysis of the potential environmental effects of the 
interstate movement of new regulated articles. This documentation would 
likely be made available at the same time and via the same Federal 
Register notice as the risk analysis for the proposed article.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information

[[Page 34213]]

collection or recordkeeping requirements included in this proposed rule 
have been submitted for approval to the Office of Management and Budget 
(OMB). Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2007-0052. Please send a copy of your comments to: (1) Docket No. 
APHIS-2007-0052, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and 
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is 
best assured of having its full effect if OMB receives it within 30 
days of publication of this proposed rule.
    APHIS is proposing to revise and reorganize the regulations 
pertaining to the interstate movement of fruits and vegetables to 
consolidate requirements of general applicability and eliminate 
redundant requirements, update terms and remove outdated requirements 
and references, and make various editorial and nonsubstantive changes 
to the regulations to make them easier to use. APHIS is also proposing 
to make substantive changes to the regulations including: Establishing 
criteria within the regulations that, if met, would allow us to approve 
certain new fruits and vegetables for interstate movement in the United 
States and to acknowledge pest-free areas in Hawaii and U.S. 
territories expeditiously; and doing away with the practice of listing 
in the regulations specific commodities as regulated articles. These 
changes are intended to simplify and expedite our processes for 
approving certain regulated articles for interstate movement and pest-
free areas while continuing to allow for the public participation in 
the processes.
    Implementing this rule will necessitate the use of limited permits, 
transit permits, compliance agreements, and additional information 
collection procedures such as inspection/certification, labeling, and 
trapping surveillance.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.4280 hour per response.
    Respondents: Wholesalers and producers of fruits and vegetables, 
State officials.
    Estimated annual number of respondents: 600.
    Estimated annual number of responses per respondent: 33.6666.
    Estimated annual number of responses: 20,200.
    Estimated total annual burden on respondents: 8,646 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS's Information Collection Coordinator, at (301) 
851-2908.

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 proposed rule, please contact Mrs. Celeste 
Sickles, APHIS's Information Collection Coordinator, at (301) 851-2908.

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 as 
follows:

PART 305-PHYTOSANITARY TREATMENTS

    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 CFR 2.22, 2.80, and 371.3.

    2. In Sec.  305.17, paragraph (a) is revised to read as follows:


Sec.  305.17  Authorized treatments; exceptions.

    (a) Quick freeze is an authorized treatment for all fruits and 
vegetables imported into the United States or moved interstate from 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands, except for those fruits and 
vegetables listed in paragraph (b) of this section. Quick freeze for 
fruits and vegetables imported into the United States or moved 
interstate from Hawaii, Puerto Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, or the U.S. Virgin Islands must be conducted 
in accordance with Sec.  319.56-12 of this subchapter for imported 
fruits and vegetables and Sec.  318.13-13 of this subchapter for fruits 
and vegetables moved interstate.
* * * * *


Sec.  305.34  [Amended]

    In Sec.  305.34, paragraph (b)(2)(iii) is amended by removing the 
citation ``Sec.  318.13-4(d)'' and adding the citation ``Sec.  318.13-
3(d)'' in its place.

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

    3. 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.

    4. Subpart-Hawaiian Fruits, Vegetables, and Flowers, consisting of 
Sec. Sec.  318.13 through 318.13-17, is removed and a new Subpart--
Regulated Articles From Hawaii and the Territories, Sec. Sec.  318.13-1 
through 318.13-25, is added to read as follows:
Subpart--Regulated Articles From Hawaii and the Territories
Sec.
318.13-1 Notice of quarantine.
318.13-2 Definitions.
318.13-3 General requirements for all regulated articles.
318.13-4 Approval of certain fruits and vegetables for interstate 
movement.
318.13-5 Pest-free areas.
318.13-6 Transit of regulated articles from Hawaii or the 
territories into or through the continental United States.

[[Page 34214]]

318.13-7 Products as ships' stores or in the possession of 
passengers or crew.
318.13-8 Articles and persons subject to inspection.
318.13-9 Inspection and disinfection of means of conveyance.
318.13-10 Inspection of baggage, other personal effects, and cargo.
318.13-11 Posting of warning notice and distribution of baggage 
declarations.
318.13-12 Movement by the U.S. Department of Agriculture.
318.13-13 Movement of frozen fruits and vegetables.
318.13-14 Movement of processed fruits, vegetables, and other 
products.
318.13-15 Parcel post inspection.
318.13-16 Regulated articles allowed interstate movement subject to 
specified conditions.
318.13-17 Regulated articles from Guam.
318.13-18 through 318.13-20 [Reserved]
318.13-21 Avocados from Hawaii to Alaska.
318.13-22 Bananas from Hawaii.
318.13-23 Cut flowers from Hawaii.
318.13-24 Sweetpotatoes from Puerto Rico.
318.13-25 Sweetpotatoes from Hawaii.

Subpart--Regulated Articles From Hawaii and the Territories


Sec.  318.13-1  Notice of quarantine.

    (a) Under the authority of section 412 of the Plant Protection Act, 
the Secretary of Agriculture may prohibit or restrict the movement in 
interstate commerce of any plant or plant product if the Secretary 
determines that the prohibition or restriction is necessary to prevent 
the introduction into the United States or the dissemination within the 
United States of a plant pest or noxious weed.
    (b) The Secretary has determined that it is necessary to prohibit 
the interstate movement of cut flowers and fruits and vegetables and 
plants and portions of plants from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, Guam, and the Commonwealth of the Northern Mariana Islands 
except as provided in this subpart.


Sec.  318.13-2  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service (APHIS), U.S. Department of Agriculture, or any 
other employee of APHIS to whom authority has been delegated to act in 
the Administrator's stead.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the U.S. Department of 
Agriculture.
    Approved growing media. Agar or other translucent tissue culture 
media, buckwheat hulls, clean ocean sand, excelsior, exfoliated 
vermiculite, ground cork, ground peat, ground rubber, paper, polymer 
stabilized cellulose, quarry gravel, sawdust, wood shavings, cork 
shavings, sphagnum moss, tree fern slab (approved only for orchids), 
and vegetable fiber (free of pulp) including coconut and osmunda, but 
excluding cotton and sugarcane.
    Certification (certified). A type of authorization, issued by an 
inspector, evidencing freedom from infestation, to allow the movement 
of certain regulated articles in accordance with the regulations in 
this subpart. ``Certified'' shall be construed accordingly.
    Commercial consignment. A lot of fruits or vegetables that an 
inspector identifies as having been produced for sale or distribution 
in mass markets. Such identification will be based on a variety of 
indicators, including, but not limited to: Quantity of produce, type of 
packaging, identification of grower and packinghouse on the packaging, 
and documents consigning the fruits or vegetables to a wholesaler or 
retailer.
    Compliance agreement. Any agreement to comply with stipulated 
conditions as prescribed under Sec.  318.13-3 or Sec.  318.13-4 of this 
subpart or Sec.  305.34 of this chapter, executed by any person to 
facilitate the interstate movement of regulated articles under this 
subpart.
    Continental United States. The 48 contiguous States, Alaska, and 
the District of Columbia.
     Cut flower. Any cut blooms, fresh foliage, and dried decorative 
plant material customarily used in the florist trade and not planting; 
and being the severed portion of a plant, including the inflorescence, 
and any parts of the plant attached thereto, in a fresh state.
    Disinfection (disinfect and disinfected). The application to parts 
or all of a ship, vessel, other surface craft, or aircraft of a 
treatment that may be designated by the inspector as effective against 
such plant pests as may be present. (``Disinfect'' and ``disinfected'' 
shall be construed accordingly.)
    Fruits and vegetables. A commodity class for fresh parts of plants 
intended for consumption or processing and not planting.
    Inspector. A State agricultural inspector or any individual 
authorized by the Administrator of APHIS or the Commissioner of Customs 
and Border Protection, Department of Homeland Security, to enforce the 
regulations in this subpart.
    Interstate. From one State into or through any other State; or 
within the District of Columbia, Guam, the Virgin Islands of the United 
States, or any other territory or possession of the United States.
    Limited permit. A document issued by an inspector or a person 
operating under a compliance agreement for the interstate movement of 
regulated articles to a specified destination for:
    (1) Consumption, limited utilization or processing, or treatment; 
or
    (2) Movement into or through the continental United States in 
conformity with a transit permit.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    Means of conveyance. A ship, truck, aircraft, or railcar.
    Moved (move and movement). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved, 
directly or indirectly, from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Marina Islands, or the U.S. Virgin Islands 
into or through the continental United States or any other State or 
territory of the United States (or from or into or through other places 
as specified in this subpart). (``Move'' and ``movement'' shall be 
construed accordingly.)
    Packing materials. Any plant or plant product, soil, or other 
substance associated with or accompanying any commodity or consignment 
to serve for filling, wrapping, ties, lining, mats, moisture retention, 
protection, or any other auxiliary purpose. The word ``packing,'' as 
used in the expression ``packing materials,'' includes the presence of 
such materials within, in contact with, or accompanying a consignment.
    Person. Any individual, partnership, corporation, association, 
joint venture, or other legal entity.
    Plant debris. Detached leaves, twigs, or other portions of plants, 
or plant litter or rubbish as distinguished from approved parts of 
clean fruits and vegetables, or other commercial articles.
    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.
    Regulated articles. Fruits or vegetables in the raw or unprocessed 
state; cut flowers; seeds; and plants or plant products for 
nonpropagative or propagative use.
    Sealed (sealable) container. A completely enclosed container 
designed for the storage and/or transportation of commercial air, sea, 
rail, or truck cargo, and constructed of metal or fiberglass,

[[Page 34215]]

or other similarly sturdy and impenetrable material, providing an 
enclosure accessed through doors that are closed and secured with a 
lock or seal. Sealed (sealable) containers used for sea consignments 
are distinct and separable from the means of conveyance carrying them 
when arriving in and in transit through the continental United States. 
Sealed (sealable) containers used for air consigments are distinct and 
separable from the means of conveyance carrying them before any 
transloading in the continental United States. Sealed (sealable) 
containers used for air consignments after transloading in the 
continental United States or for overland consignments in the 
continental United States may either be distinct and separable from the 
means of conveyance carrying them, or be the means of conveyance 
itself.
    Soil. The loose surface material of the earth in which plants grow, 
in most cases consisting of disintegrated rock with an admixture of 
organic material and soluble salts.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Commonwealth of the Northern Mariana Islands, 
Puerto Rico, the U.S. Virgin Islands, and all other territories and 
possessions of the United States.
    Transit permit. A written authorization issued by the Administrator 
for the movement of fruits and vegetables en route to a foreign 
destination that are otherwise prohibited movement by this subpart into 
the continental United States. Transit permits authorize one or more 
consignments over a designated period of time.
    Transloading. The transfer of cargo from one sealable container to 
another, from one means of conveyance to another, or from a sealable 
container directly into a means of conveyance.
    United States. All of the States of the United States, the 
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the U.S. Virgin Islands, and all 
other territories and possessions of the United States.


Sec.  318.13-3  General requirements for all regulated articles.

    All regulated articles that are allowed movement under this subpart 
must be moved in accordance with the following requirements, except as 
specifically provided otherwise in this subpart.
    (a) Freedom from plant debris. All regulated articles moved under 
this subpart must be free from plant debris.
    (b) Certification. Certification may be issued for the movement of 
regulated articles under the following conditions:
    (1) Certification on basis of inspection or nature of lot involved. 
Regulated articles may be certified when they have been inspected by an 
inspector and found apparently free from infestation and infection, or 
without such inspection when the inspector determines that the lot for 
consignment is of such a nature that no danger of infestation or 
infection is involved.
    (i) Persons intending to move any articles that may be certified 
must contact the local Plant Protection and Quarantine office as far as 
possible in advance of the contemplated date of shipment in order to 
request an inspection.
    (ii) Persons intending to move any articles that may be certified 
must prepare, handle, and safeguard such articles from infestation or 
reinfestation, and assemble them at such points as the inspector may 
designate, placing them so that inspection may be readily made.
    (2) Certification on basis of treatment. (i) Regulated articles for 
which treatments are approved in part 305 of this chapter may be 
certified if such treatments have been applied in accordance with part 
305 of this chapter and if the articles were handled after such 
treatment in accordance with a compliance agreement executed by the 
applicant for certification or under the supervision of an inspector.
    (ii) Regulated articles certified after treatment in accordance 
with part 305 of this chapter that are taken aboard any ship, vessel, 
other surface craft, or aircraft must be segregated and protected in a 
manner as required by the inspector.
    (c) Limited permits. (1) Limited permits \1\ may be issued by an 
inspector for the movement of certain noncertified regulated articles 
to restricted destinations.
---------------------------------------------------------------------------

    \1\ Limited permits can be obtained from each State or 
territory's local Plant Protection and Quarantine office.
---------------------------------------------------------------------------

    (2) Limited permits may be issued by an inspector for the movement 
of regulated articles that would otherwise be prohibited movement under 
this subpart, if the articles are to be moved in accordance with Sec.  
318.13-6.
    (3) Except when the regulations specify that an inspector must 
issue the limited permit, limited permits may be issued by a person 
operating under a compliance agreement.
    (d) Compliance agreements. As a condition for the movement of 
regulated articles for which a compliance agreement is required, the 
person entering the compliance agreement must agree to the following:
    (1) That he or she will use any permit or certification issued to 
him or her in accordance with the provisions in the permit, the 
requirements in this subpart, and the compliance agreement;
    (2) That he or she will maintain at his or her establishment such 
safeguards against the establishment and spread of infestation and 
infection and comply with such conditions as to the maintenance of 
identity, handling (including post-treatment handling), and interstate 
movement of regulated articles and the cleaning and treatment of means 
of conveyance and containers used in such movement of the articles, as 
may be required by the inspector in each specific case to prevent the 
spread of infestation or infection; and
    (3) That he or she will allow inspectors to inspect the 
establishment and its operations.
    (e) Attachment of limited permit or verification of certification. 
Except as otherwise provided for certain air cargo and containerized 
cargo on ships moved in accordance with Sec.  318.13-10, each box, 
bale, crate, or other container of regulated articles moved under 
certification or limited permit shall have the limited permit attached 
to the outside of the container or bear a U.S. Department of 
Agriculture stamp or inspection sticker verifying that the consignment 
has been certified in accordance with paragraph (b) of this section: 
Provided, That if a limited permit or certification is issued for a 
consignment of more than one container or for bulk products, 
certification shall be stamped on or the limited permit shall be 
attached to the accompanying waybill, manifest, or bill of lading.
    (f) Withdrawal of certification, transit permits, limited permits, 
or compliance agreements. Any certification, transit permit, limited 
permit, or compliance agreement which has been issued or authorized may 
be withdrawn by an inspector orally or in writing, if such inspector 
determines that the holder thereof has not complied with all conditions 
under the regulations for the use of such document. If the cancellation 
is oral, the decision and the reasons for the withdrawal shall be 
confirmed in writing as promptly as circumstances allow. Any person 
whose certification, transit permit, limited permit, or compliance 
agreement has been withdrawn may appeal the decision in writing to the 
Administrator within 10 days after receiving the written notification 
of the withdrawal. The appeal shall state all of the facts and reasons 
upon which the person relies to show that the certification,

[[Page 34216]]

transit permit, limited permit, or compliance agreement was wrongfully 
withdrawn. The Administrator shall grant or deny the appeal, in 
writing, stating the reasons for such decision, as promptly as 
circumstances allow. If there is a conflict as to any material fact, a 
hearing shall be held to resolve such conflict. Rules of practice 
concerning such a hearing will be adopted by the Administrator.
    (g) Container marking and identity. Except as provided in Sec.  
318.13-6(c), consignments of regulated articles moved in accordance 
with this subpart must have the following information clearly marked on 
each container or on the waybill, manifest, or bill of lading 
accompanying the articles: Nature and quantity of contents; name and 
address of shipper, owner, or person shipping or forwarding the 
articles; name and address of consignee; shipper's identifying mark and 
number; and the certification stamp or number of the limited permit 
authorizing movement, if one was issued.
    (h) Refusal of movement. An inspector may refuse to allow the 
interstate movement of a regulated article if the inspector finds that 
the regulated article is prohibited, is not accompanied by required 
documentation, is so infested with a plant pest or noxious weed that, 
in the judgment of the inspector, it cannot be cleaned or treated, or 
contains soil or other prohibited contaminants.
    (i) Costs and charges. Services of the inspector during regularly 
assigned hours of duty at the usual places of duty shall be furnished 
without cost to the one requesting such services. APHIS will not assume 
responsibility for any costs or charges, other than those indicated in 
this section, in connection with the inspection, treatment, 
conditioning, storage, forwarding, or any other operation of any 
character incidental to the physical movement of regulated articles or 
plant pests.
    (j) APHIS not responsible for damage. APHIS assumes no 
responsibility for any damage to regulated articles that results from 
the application of treatment or other measures required under this 
subpart (or under part 305 of this chapter) to protect against the 
dissemination of plant pests within the United States.
(Approved by the Office of Management and Budget under control 
number 0579-0088)


Sec.  318.13-4  Approval of certain fruits and vegetables for 
interstate movement.

    (a) Determination by the Administrator. The Administrator has 
determined that the application of one or more of the designated 
phytosanitary measures cited in paragraph (b) of this section to 
certain fruits and vegetables mitigates the risk posed by those 
commodities, and that such articles may be moved interstate subject to 
one or more of those measures, as provided in paragraphs (c) and (d) of 
this section. The name and origin of all fruits and vegetables 
authorized movement under this section, as well as the applicable 
requirements for their movement, may be found on the Internet at http:/
/www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/
hawaii.pdf or http://www.aphis.usda.gov/import_export/plants/manuals/
ports/downloads/puerto_rico.pdf. Fruits or vegetables that require 
phytosanitary measures other than one or more of the designated 
phytosanitary measures cited in paragraph (b) of this section may only 
be moved in accordance with applicable requirements in Sec.  318.13-3 
and regulated article-specific requirements contained elsewhere in this 
subpart.
    (b) Designated phytosanitary measures. (1) The fruits and 
vegetables are inspected in the first State of arrival.
    (2) The fruits and vegetables originated from a pest-free area in 
the State of origin and the grower from which the fruit or vegetable 
originated has entered into a compliance agreement with the 
Administrator.
    (3) The fruits and vegetables are treated in accordance with part 
305 of this chapter and the treatment is certified by an inspector.
    (4) The fruits and vegetables articles are inspected and certified 
in the State of origin by an inspector and have been found free of one 
or more specific quarantine pests identified by risk analysis as likely 
to follow the pathway.
    (5) The fruits and vegetables are moved as commercial consignments 
only.
    (6) The fruits and vegetables may be distributed only within a 
defined area and the boxes or containers in which the fruit or 
vegetables are distributed must be marked to indicate the applicable 
distribution restrictions.
    (c) Fruits and vegetables authorized for interstate movement under 
this section.
    (1) Previously approved fruits and vegetables. Fruits and 
vegetables that were authorized movement under this subpart either 
administratively or by specific regulation as of [Insert effective date 
of final rule] and that were subject only to one or more of the 
designated phytosanitary measures cited in paragraph (b) of this 
section and the general requirements of Sec.  318.13-3 may continue to 
be moved interstate under the same requirements that applied before 
[Insert effective date of final rule], except as provided in paragraph 
(d) of this section. The interstate movement conditions for those 
fruits and vegetables that were authorized movement under this subpart 
subject to additional measures beyond the designated measures in 
paragraph (b) of this section can be found in Sec.  318.13-16 or one of 
the commodity-specific sections in this subpart.
    (2) Other fruits and vegetables. Fruits and vegetables that do not 
meet the criteria in paragraph (c)(1) of this section may be authorized 
movement under this section as follows:
    (i) Pest risk analysis. The risk posed by the particular article 
from a specified State has been evaluated and publicly communicated as 
follows:
    (A) Availability of pest risk analysis. APHIS published in the 
Federal Register, for a public comment period of 60 days, a notice 
announcing the availability of a pest risk analysis that evaluated the 
risks associated with the movement of the particular fruit or 
vegetable.
    (B) Determination of risk; factors considered. The Administrator 
determined, and announced in the notice referred to in the previous 
paragraph, that, based on the information available, the application of 
one or more of the designated phytosanitary measures described in 
paragraph (b) of this section is sufficient to mitigate the risk that 
plant pests or noxious weeds could be introduced into or disseminated 
elsewhere within the United States by the fruit or vegetable. In order 
for the Administrator to make the determination described in this 
paragraph, he or she must conclude based on the information presented 
in the risk analysis for the fruit or vegetable that the risk posed by 
each quarantine pest associated with the fruit or vegetable in the 
State of origin is mitigated by one or more of the following factors:
    (1) Inspection. A quarantine pest is associated with the fruit or 
vegetable in the State of origin, but the pest can be easily detected 
via inspection in the State of first arrival;
    (2) Pest freedom. No quarantine pests are known to be associated 
with the fruit or vegetable in the State of origin, or a quarantine 
pest is associated with the fruit or vegetable in the State of origin 
but the fruit or vegetable originates from an area that meets the 
requirements of Sec.  318.13-5 for pest freedom;
    (3) Effectiveness of treatment. A quarantine pest is associated 
with the fruit or vegetable in the State of origin, but the risk posed 
by the pest can be

[[Page 34217]]

reduced by applying an approved post-harvest treatment to the fruit or 
vegetable;
    (4) Predeparture inspection. A quarantine pest is associated with 
the fruit or vegetable in the State of origin, but the fruit or 
vegetable is subject to predeparture inspection;
    (5) Commercial consignments. A quarantine pest is associated with 
the fruit or vegetable in the State of origin, but the risk posed by 
the pest can be reduced by commercial practices.
    (6) Limited distribution. A quarantine pest is associated with the 
fruit or vegetable in the State of origin, but the risk posed by the 
pest can be reduced by limiting distribution of the fruit or vegetable 
and labeling boxes containing the fruit or vegetable with those 
distribution instructions.
    (ii) Administrator's decision. The Administrator will announce his 
or her decision in a subsequent Federal Register notice. If 
appropriate, APHIS would begin allowing the interstate movement of the 
fruits or vegetables subject to requirements specified in the notice 
because:
    (A) No comments were received on the pest risk analysis;
    (B) The comments on the pest risk analysis revealed that no changes 
to the pest risk analysis were necessary; or
    (C) Changes to the pest risk analysis were made in response to 
public comments, but the changes did not affect the overall conclusions 
of the analysis and the Administrator's determination of risk.
    (d) Amendment of interstate movement requirements. If, after 
[Insert effective date of final rule], the Administrator determines 
that one or more of the designated phytosanitary measures is not 
sufficient to mitigate the risk posed by any fruit or vegetable 
authorized interstate movement under this section, APHIS will prohibit 
or further restrict the interstate movement of the fruit or vegetable 
pending resolution of the situation. If APHIS concludes that a 
permanent change to the interstate movement requirements of a 
particular fruit or vegetable is necessary, APHIS will also publish a 
notice in the Federal Register advising the public of its finding. The 
notice will specify the amended interstate movement requirements, 
provide an effective date for the change, and invite public comment on 
the subject.


Sec.  318.13-5   Pest-free areas.

    Certain fruits or vegetables may be moved interstate provided that 
the fruits or vegetables originate from an area that is free of a 
specific pest or pests. In some cases, fruits or vegetables may only be 
moved interstate if the area of origin is free of all plant pests that 
attack the fruits or vegetables. In other cases, fruits or vegetables 
may be moved interstate if the area of origin is free of one or more 
plant pests that attack the fruit or vegetable and the risk posed by 
the remaining plant pests that attack the fruit or vegetable is 
mitigated by other specific phytosanitary measures contained in the 
regulations in this subpart.
    (a) Application of standards for pest-free areas. APHIS will make a 
determination of an area's pest-free status based on information 
provided by the State. The information used to make this determination 
will include trapping and surveillance data, survey protocols, and 
protocols for actions to be performed upon detection of a pest.
    (b) Survey protocols. APHIS must approve the survey protocol used 
to determine and maintain pest-free status, as well as protocols for 
actions to be performed upon detection of a pest. Pest-free areas are 
subject to audit by APHIS to verify their status.
    (c) Determination of pest freedom. (1) For an area to be considered 
free of a specified pest for the purposes of this subpart, the 
Administrator must determine, and announce in a notice published in the 
Federal Register for 60 days public comment, that the area meets the 
criteria of paragraphs (a) and (b) of this section.
    (2) The Administrator will announce his or her decision in a 
subsequent Federal Register notice. If appropriate, APHIS will allow 
movement of the regulated article from a pest-free area because:
    (i) No comments were received on the notice or
    (ii) The comments on the notice did not affect the overall 
conclusions of the notice and the Administrator's determination of 
risk.
    (d) Decertification of pest-free areas; reinstatement. If a pest is 
detected in an area that is designated as free of that pest, APHIS will 
publish in the Federal Register a notice announcing that the pest-free 
status of the area in question has been withdrawn and that interstate 
movement of host crops for the pest in question is subject to 
application of an approved treatment for the pest. If a treatment for 
the pest is not available, interstate movement of the host crops would 
be prohibited. In order for a decertified pest-free area to be 
reinstated, it would have to meet the criteria of paragraphs (a) 
through (c) of this section.
    (e) General requirements for the interstate movement of regulated 
articles from pest-free areas.
    (1) Labeling. Each box of fruits or vegetables that is moved 
interstate from a pest-free area under this subpart must be clearly 
labeled with:
    (i) The name of the orchard or grove of origin, or the name of the 
grower; and
    (ii) The name of the municipality and State or territory in which 
the fruits or vegetables were produced; and
    (iii) The type and amount of fruits or vegetables the box contains.
    (2) Compliance agreement. Persons wishing to move fruits or 
vegetables from a pest-free area in Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands must enter into a compliance agreement with APHIS in accordance 
with Sec.  318.13-3(d).
    (3) Safeguarding. If fruits or vegetables are moved from a pest-
free area into or through an area that is not free of that pest, the 
fruits or vegetables must be safeguarded during the time they are 
present in a non-pest-free area by being covered with insect-proof mesh 
screens or plastic tarpaulins, including while in transit to the 
packinghouse and while awaiting packaging. If fruits or vegetables are 
moved through an area that is not free of that pest during transit to a 
port, they must be packed in insect-proof cartons or containers or be 
covered by insect-proof mesh or plastic tarpaulins during transit to 
the port and subsequent movement into or through the United States. 
These safeguards described in this section must remain intact until the 
fruits or vegetables reach their final destination.


Sec.  318.13-6  Transit of regulated articles from Hawaii or the 
territories into or through the continental United States.

    Fruits and vegetables from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands that are otherwise prohibited interstate movement into the 
continental United States by this subpart may transit the continental 
United States en route to a foreign destination when moved in 
accordance with this section.
    (a) Transit permit. (1) A transit permit is required for the 
arrival, unloading, and movement through the continental United States 
of fruits and vegetables otherwise prohibited by this subpart from 
being moved through the continental United States from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands. Application for a transit permit may be made in 
writing or with PPQ Form 586.\2\ The transit

[[Page 34218]]

permit application must include the following information:
---------------------------------------------------------------------------

    \2\ PPQ Form 586 can be obtained from PPQ Permit Services or at 
http://www.aphis.usda.gov/plant_health/permits/transit.shtml. 
Applications for transit permits should be submitted to USDA, APHIS, 
PPQ Permit Services, 4700 River Road Unit 136, Riverdale, MD 20737 
or through e-permits http://www.aphis.usda.gov/permits/learn_
epermits.shtml.
---------------------------------------------------------------------------

    (i) The specific types of fruits and vegetables to be shipped (only 
scientific or English common names are acceptable);
    (ii) The means of conveyance to be used to transport the fruit or 
vegetable through the continental United States;
    (iii) The port of arrival in the continental United States, and the 
location of any subsequent stop;
    (iv) The location of, and the time needed for, any storage in the 
continental United States;
    (v) Any location in the continental United States where the fruits 
or vegetables are to be transloaded;
    (vi) The means of conveyance to be used for transporting the fruits 
or vegetables from the port of arrival in the continental United States 
to the port of export;
    (vii) The estimated time necessary to accomplish exportation, from 
arrival at the port of arrival in the continental United States to exit 
at the port of export;
    (viii) The port of export; and
    (ix) The name and address of the applicant and, if the applicant's 
address is not within the territorial limits of the continental United 
States, the name and address in the continental United States of an 
agent whom the applicant names for acceptance of service of process.
    (2) A transit permit will be issued only if the following 
conditions are met:
    (i) APHIS inspectors are available at the port of arrival, port of 
export, and any locations at which transloading of cargo will take 
place and, in the case of air consignments, at any interim stop in the 
continental United States, as indicated on the application for the 
transit permit;
    (ii) The application indicates that the proposed movement would 
comply with the provisions in this section applicable to the transit 
permit; and
    (iii) During the 12 months prior to receipt of the application by 
APHIS, the applicant has not had a transit permit withdrawn under Sec.  
318.13-3(f), unless the transit permit has been reinstated upon appeal.
    (b) Limited permit. Fruits or vegetables shipped from Hawaii, 
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or 
the U.S. Virgin Islands through the continental United States under 
this section must be accompanied by a limited permit, a copy of which 
must be presented to an inspector at the port of arrival and the port 
of export in the continental United States, and at any other location 
in the continental United States where an air consignment is authorized 
to stop or where overland consignments change means of conveyance. An 
inspector will issue a limited permit if the following conditions are 
met:
    (1) The inspector determines that the specific type and quantity of 
the fruits or vegetables being shipped are accurately described by 
accompanying documentation, such as the accompanying manifest, waybill, 
and bill of lading. (Only scientific or English names are acceptable.) 
The fruits or vegetables shall be assembled at whatever point and in 
whatever manner the inspector designates as necessary to comply with 
the requirements of this section; and
    (2) The inspector establishes that the consignment of fruits or 
vegetables has been prepared in compliance with the provisions of this 
section.
    (c) Marking requirements. Each of the smallest units, including 
each of the smallest bags, crates, or cartons, containing regulated 
articles for transit through the continental United States under this 
section must be conspicuously marked, prior to the locking and sealing 
of the container in the State of origin, with a printed label that 
includes a description of the specific type and quantity of the fruits 
or vegetables (only scientific or English common names are acceptable), 
the transit permit number under which the regulated articles are to be 
shipped, and, in English, the State in which they were grown and the 
statement ``Distribution in the United States is Prohibited.''
    (d) Handling of fruits and vegetables. Fruits or vegetables shipped 
through the United States from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands in accordance with this section may not be commingled in the 
same sealed container with fruits or vegetables that are intended for 
entry and distribution in the United States. The fruits or vegetables 
must be kept in sealed containers from the time the limited permit 
required by paragraph (b) of this section is issued, until the fruits 
or vegetables exit the United States, except as otherwise provided in 
the regulations in this section. Transloading must be carried out in 
accordance with the requirements of paragraphs (a), (h), and (i) of 
this section.
    (e) Area of movement. The port of arrival, the port of export, 
ports for air stops, and overland movement within the continental 
United States of fruits or vegetables shipped under this section is 
limited to a corridor that includes all States of the continental 
United States except Alabama, Arizona, California, Florida, Georgia, 
Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, 
South Carolina, Tennessee, Texas, and Virginia, except that movement is 
allowed through Dallas/Fort Worth, TX, as an authorized stop for air 
cargo, or as a transloading location for consignments that arrive by 
air but that are subsequently transloaded into trucks for overland 
movement from Dallas/Fort Worth, TX, into the designated corridor by 
the shortest route. Movement through the United States must begin and 
end at locations staffed by APHIS inspectors.
    (f) Movement of regulated articles. Transportation through the 
continental United States shall be by the most direct route to the 
final destination of the consignment in the country to which it is 
exported, as determined by APHIS based on commercial shipping routes 
and timetables and set forth in the transit permit. No change in the 
quantity of the original consignment from that described in the limited 
permit is allowed. No remarking is allowed. No diversion or delay of 
the consignment from the itinerary described in the transit permit and 
limited permit is allowed unless authorized by an APHIS inspector upon 
determination by the inspector that the change will not significantly 
increase the risk of plant pests or diseases in the United States, and 
unless each port to which the consignment is diverted is staffed by 
APHIS inspectors.
    (g) Notification in case of emergency. In the case of an emergency 
such as an accident, a mechanical breakdown of the means of conveyance, 
or an unavoidable deviation from the prescribed route, the person in 
charge of the means of conveyance must, as soon as practicable, notify 
the APHIS office at the port where the cargo arrived in the United 
States.
    (h) Consignments by sea. Except as authorized by this paragraph, 
consignments arriving in the United States by sea from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands may be transloaded once from a ship to another ship 
or, alternatively, once to a truck or railcar at the port of arrival 
and once from a truck or railcar to a ship at the port of export, and 
must remain in the original sealed container, except under extenuating 
circumstances and when authorized by an inspector upon determination by 
the inspector that the transloading would not significantly

[[Page 34219]]

increase the risk of the introduction of plant pests or diseases into 
the United States, and provided that APHIS inspectors are available to 
provide supervision. No other transloading of the consignment is 
allowed, except under extenuating circumstances (e.g., equipment 
breakdown) and when authorized by an inspector upon determination by 
the inspector that the transloading would not significantly increase 
the risk of the introduction of plant pests or diseases into the 
continental United States, and provided that APHIS inspectors are 
available to provide supervision.
    (i) Consignments by air. (1) Consignments arriving in the United 
States by air from Hawaii, Puerto Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, or the U.S. Virgin Islands may be transloaded 
only once in the United States. Transloading of air consignments must 
be carried out in the presence of an APHIS inspector. Consignments 
arriving by air that are transloaded may be transloaded either into 
another aircraft or into a truck trailer for export by the most direct 
route to the final destination of the consignment through the 
designated corridor set forth in paragraph (e) of this section. This 
may be done at either the port of arrival in the United States or at 
the second air stop within the designated corridor, as authorized in 
the transit permit and as provided in paragraph (i)(2) of this section. 
No other transloading of the consignment is allowed, except under 
extenuating circumstances (e.g., equipment breakdown) and when 
authorized by an APHIS inspector upon determination by the inspector 
that the transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the United States, and 
provided that APHIS inspectors are available to provide supervision. 
Transloading of air consignments will be authorized only if the 
following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport (i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities);
    (iii) The area used for any storage is within the secure area of 
the airport; and
    (iv) APHIS inspectors are available to provide the supervision 
required by paragraph (i)(1) of this section.
    (2) Except as authorized by paragraph (f) of this section, 
consignments that continue by air from the port of arrival in the 
continental United States may be authorized by APHIS for only one 
additional stop in the continental United States, provided the second 
stop is within the designated corridor set forth in paragraph (e) of 
this section and is staffed by APHIS inspectors. As an alternative to 
transloading a consignment arriving in the United States into another 
aircraft, consignments that arrive by air may be transloaded into a 
truck trailer for export by the most direct route to the final 
destination of the consignment through the designated corridor set 
forth in paragraph (e) of this section. This may be done at either the 
port of arrival in the United States or at the second authorized air 
stop within the designated corridor. No other transloading of the 
consignment is allowed, except under extenuating circumstances (e.g., 
equipment breakdown) and when authorized by an APHIS inspector upon 
determination by the inspector that the transloading would not 
significantly increase the risk of the introduction of plant pests or 
diseases into the United States, and provided that APHIS inspectors are 
available to provide supervision.
    (j) Duration and location of storage. Any storage in the United 
States of fruits or vegetables shipped under this section must be for a 
duration and in a location authorized in the transit permit required by 
paragraph (a) of this section. Areas where such fruits or vegetables 
are stored must be either locked or guarded at all times the fruits and 
vegetables are present. Cargo shipped under this section must be kept 
in a sealed container while stored in the continental United States.
    (k) Temperature requirement. Except for time spent on aircraft and 
except during storage and transloading of air consignments, the 
temperature in the sealed containers containing fruits and vegetables 
moved under this section must be 60 [deg]F or lower from the time the 
regulated articles leave Hawaii, Puerto Rico, Guam, the Commonwealth of 
the Northern Mariana Islands, the U.S. Virgin Islands, or any other 
territory or possession of the United States until they exit the United 
States.
    (l) Prohibited materials. (1) The person in charge of or in 
possession of a sealed container used for movement into or through the 
United States under this section must ensure that the sealed container 
is carrying only those fruits or vegetables authorized by the transit 
permit required under paragraph (a) of this section; and
    (2) The person in charge of or in possession of any means of 
conveyance or container returned to the United States without being 
reloaded after being used to export fruits or vegetables from the 
United States under this section must ensure that the means of 
conveyance or container is free of materials prohibited importation 
into the United States under this chapter.
    (m) Authorization by APHIS of the movement of fruits or vegetables 
through the United States under this section does not imply that such 
fruits or vegetables are enterable into the destination country. 
Consignments returned to the United States from the destination country 
shall be subject to all applicable regulations, including ``Subpart--
Fruits and Vegetables'' of part 319 and ``Plant Quarantine Safeguard 
Regulations'' of part 352 of this chapter.
    (n) Any restrictions and requirements with respect to the arrival, 
temporary stay, unloading, transloading, transiting, exportation, or 
other movement or possession in the United States of any fruits or 
vegetables under this section shall apply to any person who brings 
into, maintains, unloads, transloads, transports, exports, or otherwise 
moves or possesses in the United States such fruits or vegetables, 
whether or not that person is the one who was required to have a 
transit permit or limited permit for the fruits or vegetables or is a 
subsequent custodian of the fruits or vegetables. Failure to comply 
with all applicable restrictions and requirements under this section by 
such a person shall be deemed to be a violation of this section.

(Approved by the Office of Management and Budget under control 
number 0579-0088)


Sec.  318.13-7  Products as ships' stores or in the possession of 
passengers or crew.

    (a) In the possession of passengers or crew members. Small 
quantities of fruits, vegetables, or cut flowers subject to the 
quarantine and regulations in this subpart, when loose and free of 
packing materials, may be taken aboard any ship, vessel, or other 
surface craft by passengers or members of the crew without inspection 
and certification in the State of origin. However, if such articles are 
not eligible for certification under Sec.  318.13-3, they must be 
entirely consumed or disposed of before arrival within the territorial 
waters of the continental United States, Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands.
    (b) As ships' stores or decorations. Fruits, vegetables, or cut 
flowers subject to the quarantine and regulations in this subpart may 
be taken aboard a ship, vessel, or other surface craft in Hawaii, 
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or 
the

[[Page 34220]]

U.S. Virgin Islands without inspection or certification. Fruits, 
vegetables, and cut flowers that are so taken aboard such a carrier 
must be either:
    (1) Entirely consumed or removed from the ship, vessel, or other 
surface craft before arrival within the territorial waters of the 
continental United States, Hawaii, Puerto Rico, Guam, the Commonwealth 
of the Northern Mariana Islands, the U.S. Virgin Islands, or any other 
territory or possession of the United States; or
    (2) In the case of a surface carrier, retained aboard such carrier 
under seal or otherwise disposed of subject to safeguards equivalent to 
those imposed on other prohibited or restricted products by paragraphs 
(b) and (c) of Sec.  352.10 of this chapter.


Sec.  318.13-8  Articles and persons subject to inspection.

    Persons, means of conveyance (including ships, other ocean-going 
craft, and aircraft), baggage, cargo, and any other articles, that are 
destined for movement, are moving, or have been moved from Hawaii, 
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or 
the U.S. Virgin Islands to a destination elsewhere in the United States 
are subject to agricultural inspection at the port of departure, the 
port of arrival, or any other authorized port. If an inspector finds 
any article prohibited movement by the quarantine and regulations of 
this subpart, he or she, taking the least drastic action, shall order 
the return of the article to the place of origin, or the exportation of 
the article, under safeguards satisfactory to him or her, or otherwise 
dispose of it, in whole or part, to comply with the quarantine and 
regulations of this subpart.


Sec.  318.13-9  Inspection and disinfection of means of conveyance.

    (a) Inspection of aircraft prior to departure. No person shall move 
any aircraft from Hawaii, Puerto Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, or the U.S. Virgin Islands to any other State 
unless the person moving the aircraft has contacted an inspector and 
offered the inspector the opportunity to inspect the aircraft prior to 
departure and the inspector has informed the person proposing to move 
the aircraft that the aircraft may depart.
    (b) Inspection of aircraft moving to Guam. Any person who has moved 
an aircraft from Hawaii, Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, or the U.S. Virgin Islands to Guam shall contact an 
inspector and offer the inspector the opportunity to inspect the 
aircraft upon the aircraft's arrival in Guam.
    (c) Inspection of ships upon arrival. Any person who has moved a 
ship or other ocean-going craft from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands to any other State shall contact an inspector and offer the 
inspector the opportunity to inspect the ship or other ocean-going 
craft upon its arrival.
    (d) Disinfection of means of conveyance. If an inspector finds that 
a means of conveyance is infested with or contains plant pests, and the 
inspector orders disinfection of the means of conveyance, then the 
person in charge or in possession of the means of conveyance shall 
disinfect the means of conveyance and its cargo in accordance with an 
approved method contained in part 305 of this chapter under the 
supervision of an inspector and in a manner prescribed by the 
inspector, prior to any movement of the means of conveyance or its 
cargo.


Sec.  318.13-10  Inspection of baggage, other personal effects, and 
cargo.

    (a) Offer for inspection by aircraft passengers. Passengers 
destined for movement by aircraft from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands to any other State shall offer their carry-on baggage and other 
personal effects for inspection at the place marked for agricultural 
inspections, which will be located at the airport security checkpoint 
or the aircraft boarding gate, at the time they pass through the 
checkpoint or the gate. Passengers shall offer their check-in baggage 
for inspection at agricultural inspection stations prior to submitting 
their baggage to the check-in baggage facility. When an inspector has 
inspected and passed such baggage or personal effects, he or she shall 
apply a U.S. Department of Agriculture stamp, inspection sticker, or 
other identification to such baggage or personal effects to indicate 
that such baggage or personal effects have been inspected and passed as 
required. Passengers shall disclose any fruits, vegetables, plants, 
plant products, or other articles that are requested to be disclosed by 
the inspector. When an inspection of a passenger's baggage or personal 
effects discloses an article in violation of the regulations in this 
part, the inspector shall seize the article. The passenger shall state 
his or her name and address to the inspector, and provide the inspector 
with corroborative identification. The inspector shall record the name 
and address of the passenger, the nature of the identification 
presented for corroboration, the nature of the violation, the types of 
articles involved, and the date, time, and place of the violation.
    (b) Offer for inspection by aircraft crew. Aircraft crew members 
destined for movement by aircraft from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands to any other State, shall offer their baggage and personal 
effects for inspection at the inspection station designated for the 
employing airline not less than 20 minutes prior to the scheduled 
departure time of the aircraft or the rescheduled departure time as 
posted in the public areas of the airport. When an inspector has 
inspected and passed such baggage or personal effects, he or she shall 
apply a U.S. Department of Agriculture stamp, inspection sticker, or 
other identification to the baggage or personal effects to indicate 
that such baggage or personal effects have been inspected and passed as 
required. Aircraft crew members shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a crew member's 
baggage or personal effects discloses an article in violation of the 
regulations in this part, the inspector shall seize the article. The 
crew member shall state his or her name and address to the inspector, 
and provide the inspector with corroborative identification. The 
inspector shall record the name and address of the crew member, the 
nature of the identification presented for corroboration, the nature of 
the violation, the types of articles involved, and the date, time, and 
place of the violation.
    (c) Baggage inspection for persons traveling to Guam on aircraft. 
No person who has moved from Hawaii, Puerto Rico, or the U.S. Virgin 
Islands to Guam on an aircraft shall remove or attempt to remove any 
baggage or other personal effects from the area secured for customs 
inspections before the person has offered to an inspector, and has had 
passed by the inspector, his or her baggage and other personal effects. 
Persons shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a person's baggage or personal effects discloses 
an article in violation of the regulations in this part, the inspector 
shall seize the article. The person shall state his or her name and 
address to the inspector, and provide the inspector with corroborative 
identification. The inspector shall

[[Page 34221]]

record the name and address of the person, the nature of the 
identification presented for corroboration, the nature of the 
violation, the types of articles involved, and the date, time, and 
place of the violation.
    (d) Baggage acceptance and loading on aircraft. No person shall 
accept or load any check-in aircraft baggage destined for movement from 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands to any other State unless the 
baggage bears a U.S. Department of Agriculture stamp, inspection 
sticker, or other indication applied by an inspector representing that 
the baggage has been inspected and certified.
    (e) Offer for inspection by persons moving by ship. No person who 
has moved on any ship or other oceangoing craft from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands to any other territory, State, or District of the 
United States, shall remove or attempt to remove any baggage or other 
personal effects from the designated inspection area as provided in 
paragraph (h) of this section on or off the ship or other ocean-going 
craft unless the person has offered to an inspector for inspection, and 
has had passed by the inspector, the baggage and other personal 
effects. Persons shall disclose any fruits, vegetables, plants, plant 
products, or other articles that are requested to be disclosed by the 
inspector. When an inspection of a person's baggage or personal effects 
discloses an article in violation of the regulations in this part, the 
inspector shall seize the article. The person shall state his or her 
name and address to the inspector, and provide the inspector with 
corroborative identification. The inspector shall record the name and 
address of the person, the nature of the identification presented for 
corroboration, the nature of the violation, the types of articles 
involved, and the date, time, and place of the violation.
    (f) Loading of certain cargoes. (1) Except as otherwise provided in 
paragraph (f)(2) of this section, no person shall present to any common 
carrier or contract carrier for movement, and no common carrier or 
contract carrier shall load, any cargo containing fruits, vegetables, 
or other articles regulated under this subpart that are destined for 
movement from Hawaii, Puerto Rico, Guam, or the U.S. Virgin Islands to 
any other State unless the cargo has been offered for inspection, 
passed by an inspector, and bears a U.S. Department of Agriculture 
stamp or inspection sticker, or unless a limited permit is attached to 
the cargo as specified in Sec.  318.13-3(e).
    (2) Cargo designated may be loaded without a U.S. Department of 
Agriculture stamp or inspection sticker attached to the cargo or a 
limited permit attached to the cargo if the cargo is moved:
    (i) As containerized cargo on ships or other oceangoing craft or as 
air cargo;
    (ii) The carrier has on file documentary evidence that a valid 
limited permit was issued for the movement or that the cargo was 
certified; and
    (iii) A notation of the existence of these documents is made by the 
carrier on the waybill, manifest, or bill of lading that accompanies 
the consignment.
    (3) Cargo moved in accordance with Sec.  318.13-6(b) that does not 
have a limited permit attached to the cargo must have a limited permit 
attached to the waybill, manifest, or bill of lading accompanying the 
consignment.
    (g) Removal of certain cargoes in Guam. No person shall remove or 
attempt to remove from a designated inspection area as provided in 
paragraph (h) of this section, on or off the means of conveyance, any 
cargo moved from Hawaii, Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, or the U.S. Virgin Islands to Guam containing fruits, 
vegetables, or other articles regulated under this subpart, unless the 
cargo has been inspected and passed by an inspector in Guam.
    (h) Space and facilities for baggage and cargo inspection. Baggage 
and cargo inspection will not be performed until the person in charge 
or possession of the ship, other oceangoing craft, or aircraft provides 
space and facilities on the means of conveyance, pier, or airport that 
are adequate, in the inspector's judgment, for the performance of 
inspection.


Sec.  318.13-11  Posting of warning notice and distribution of baggage 
declarations.

    (a) Before any aircraft or any ship, vessel, or other surface craft 
moving to Guam, the Commonwealth of Northern Mariana Islands, or 
American Samoa from Hawaii or any other territory or possession of the 
United States arrives in Guam, the Commonwealth of Northern Mariana 
Islands, or American Samoa, a baggage declaration, to be furnished by 
the U.S. Department of Agriculture, calling attention to the provisions 
of the Plant Protection Act, and the quarantine and regulations in this 
subpart, must be distributed to each adult passenger. These baggage 
declarations shall be executed and signed by the passengers and shall 
be collected and delivered by the master or other responsible officer 
of the aircraft, ship, vessel, or other surface craft to the inspector 
on arrival at the quarantine or inspection area.
    (b) Every person owning or controlling any dock, harbor, or landing 
field in Hawaii, Puerto Rico, Guam, the Commonwealth of Northern 
Mariana Islands, or the U.S. Virgin Islands from which ships, vessels, 
other surface craft, or aircraft leave for ports in any other State 
shall post, and keep posted at all times, in one or more conspicuous 
places in passenger waiting rooms on or in said dock, harbor, or 
landing field a warning notice directing attention to the quarantine 
and regulations in this subpart. Every master, or other responsible 
officer of any ship, vessel, other surface craft, or aircraft leaving 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands destined to a port in any other 
State, shall similarly post, and keep posted at all times, such a 
warning notice in the ship, vessel, other surface craft, or aircraft 
under his charge.


Sec.  318.13-12  Movement by the U.S. Department of Agriculture.

    Notwithstanding any other restrictions of this subpart, regulated 
articles may be moved if they are moved by the U.S. Department of 
Agriculture for experimental or scientific purposes and are moved under 
conditions found by the Administrator to be adequate to prevent the 
spread of plant pests and diseases.


Sec.  318.13-13  Movement of frozen fruits and vegetables.

    Frozen fruits and vegetables may be certified for movement from 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands, into or through any other 
territory, State, or District of the United States in accordance with 
Sec.  318.13-3. Such fruits and vegetables must be held at a 
temperature not higher than 20 [deg]F during shipping and upon arrival 
in the continental United States, and in accordance with the 
requirements for the interstate movement of frozen fruits and 
vegetables in part 305 of this chapter. Paragraph (b) of Sec.  305.17 
lists frozen fruits and vegetables for which quick freezing is not an 
authorized treatment.


Sec.  318.13-14  Movement of processed fruits, vegetables, and other 
products.

    (a) Fruits, vegetables, and other products that are processed 
sufficiently as to preclude the survival of any live

[[Page 34222]]

pests can be moved interstate from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, Guam, and the Commonwealth of the Northern Mariana Islands. 
Those processed products which are approved for interstate movement 
from those States can be found in the fruits and vegetables manuals for 
those States.
    (b) Consignments of processed fruits, vegetables, or other products 
that have not been processed sufficiently as to be incapable of 
harboring fruit flies, are subject to the interstate movement 
requirements which apply to the fruit, vegetable, or other product in 
its unprocessed state.


Sec.  318.13-15  Parcel post inspection.

    Inspectors are authorized to inspect, with the cooperation of the 
U.S. Postal Service, parcel post packages placed in the mails in 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands to determine whether such packages 
contain products whose movement is not authorized under this subpart, 
to examine any such products that are found for insect infestation, and 
to notify the postmaster in writing of any violations of this subpart 
that are found as a result of an inspection.


Sec.  318.13-16  Regulated articles allowed interstate movement subject 
to specified conditions.

    (a) The following regulated articles may be moved interstate in 
accordance with Sec.  318.13-3 and any additional requirements 
specified in paragraph (b) of this section.

----------------------------------------------------------------------------------------------------------------
State, territory, or district
          of origin               Common name     Botanical name    Plant part(s)      Additional requirements
----------------------------------------------------------------------------------------------------------------
Hawaii.......................  Bananas\1\......  Musa spp........  Fruit..........  (b)(1)(i), (b)(2)(ii)
                               Pot marigold,     Calendula spp...  Flower.........  (b)(2)(iii)
                                johnny-jump-
                                ups, pansies,
                                and violets.
                               Pineapple \2\...  Ananas comosus..  Fruit..........  (b)(2)(i)
Puerto Rico..................  Cactus..........  Cactaceae.......  Whole plant....  (b)(2)(iv), (b)(3)(ii)
                               Okra............  Abelmoschus       Fruit..........  (b)(3)(i)
                                                  escuelentus.
                               Pot marigold,     Calendula spp...  Flower.........  (b)(2)(iii)
                                johnny-jump-
                                ups, pansies,
                                and violets.
U.S. Virgin Islands..........  Cactus..........  Cactaceae.......  Whole plant....  (b)(2)(iv), (b)(3)(ii)
                               Okra............  Abelmoschus       Fruit..........  (b)(3)(i)
                                                  escuelentus.
                               Pot marigold,     Calendula spp...  Flower.........  (b)(2)(iii)
                                johnny-jump-
                                ups, pansies,
                                and violets.
----------------------------------------------------------------------------------------------------------------
\1\ Fruit may also be moved interstate in accordance with Sec.   318.13-17.
\2\ Fruit may also be moved interstate with treatment in accordance with part 305 of this chapter.

    (b) Additional restrictions for applicable regulated articles as 
specified in paragraph (a) of this section.
    (1) Restricted movement and distribution.
    (i) Allowed movement into Alaska. Cartons must be labeled, ``For 
distribution in Alaska only.''
    (ii) [Reserved]
    (2) Plant types.
    (i) Smooth cayenne variety and hybrids with 50 percent or more 
smooth cayenne parentage only.
    (ii) Green bananas of the cultivars ``Williams,'' ``Valery,'' 
``Grand Nain,'' and standard and dwarf ``Brazilian'' only.
    (iii) Inflorescences only with no stems or leaves attached.
    (iv) Bare-rooted plants or plants rooted in approved growing media 
only.
    (3) Other conditions.
    (i) If destined to States other than Alabama, Arizona, Arkansas, 
California, Florida, Georgia, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri, Nevada, New Mexico, North Carolina, Oklahoma, 
South Carolina, Tennessee, Texas, or Virginia, the consignment must be 
treated in accordance with part 305 of this chapter unless the 
consignment is for immediate consumption or processing.
    (ii) Must be treated in accordance with part 305 of this chapter.


Sec.  318.13-17  Regulated articles from Guam.

    (a)(1) Regulated articles, other than soil, may be moved from Guam 
into or through any other State only if, they meet the strictest plant 
quarantine requirements under part 319 of this chapter for similar 
articles offered for entry into such States from the countries of East 
and Southeast Asia, including Cambodia, India, Japan, Korea, Laos, the 
northeastern provinces of Manchuria, the Philippines, Taiwan, and 
Vietnam or the islands of the Central and South Pacific, including 
Micronesia, Melanesia, and Polynesia, as well as Australia, New 
Zealand, and the Malay Archipelago, except requirements for permits, 
phytosanitary certificates, notices of arrival, and notices of 
consignment from port of arrival. Soil must meet the requirements of 
Sec.  330.300 of this chapter.
    (2) Regulated articles that do not meet the requirements of 
paragraph (a)(1) of this section are prohibited movement from Guam into 
or through any other State.
    (b)(1) Regulated articles moved from Guam into or through any other 
State shall be subject to inspection at the port of first arrival in 
another part of the United States to determine whether they are free of 
plant pests and otherwise meet the requirements applicable to them 
under this subpart, and shall be subject to release, in accordance with 
Sec.  330.105(a) of this chapter as if they were foreign arrivals. Such 
articles shall be released only if they meet all applicable 
requirements under this subpart.
    (2) A release shall be issued in writing unless the inspection 
involves small quantities of regulated articles, in which case a 
release may be issued orally by the inspector.


Sec. Sec.  318.13-18 through 318.13-20  [Reserved]


Sec.  318.13-21  Avocados from Hawaii to Alaska.

    Avocados may be moved interstate from Hawaii to Alaska without 
treatment only under the following conditions:
    (a) Distribution and marking requirements. The avocados may be 
moved interstate for distribution in Alaska only, the boxes of avocados 
must be clearly marked with the statement ``Distribution limited to the 
State of Alaska,'' and the consignment must be identified in accordance 
with the requirements of Sec.  318.13-3.
    (b) Commercial consignments. The avocados may be moved in 
commercial consignments only.
    (c) Packing requirements. The avocados must have been sealed in the

[[Page 34223]]

packinghouse in Hawaii in boxes with a seal that will break if the box 
is opened.
    (d) Ports. The avocados may enter the continental United States 
only at the following ports: Portland, OR; Seattle, WA; or any port in 
Alaska.
    (e) Shipping requirements. The avocados must be moved either by air 
or ship and in a sealed container. The avocados may not be commingled 
in the same sealed container with articles that are intended for entry 
and distribution in any State other than Alaska. If the avocados arrive 
at either Portland, OR, or Seattle, WA, they may be transloaded only 
under the following conditions:
    (1) Consignments by sea. The avocados may be transloaded from one 
ship to another ship at the port of arrival, provided they remain in 
the original sealed container and that APHIS inspectors supervise the 
transloading. If the avocados are stored before reloading, they must be 
kept in the original sealed container and must be in an area that is 
either locked or guarded at all times the avocados are present.
    (2) Consignments by air. The avocados may be transloaded from one 
aircraft to another aircraft at the port of arrival, provided the 
following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport (i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities);
    (iii) The area used for any storage of the consignment is within 
the secure area of the airport, and is either locked or guarded at all 
times the avocados are present. The avocados must be kept in a sealed 
container while stored in the continental United States en route to 
Alaska; and
    (iv) APHIS inspectors supervise the transloading.
    (3) Exceptions. No transloading other than that described in 
paragraphs (e)(1) and (e)(2) of this section is allowed except under 
extenuating circumstances (such as equipment breakdown) and when 
authorized and supervised by an APHIS inspector.
    (f) Limited permit. Consignments of avocados must be accompanied by 
a limited permit issued by an APHIS inspector in accordance with Sec.  
318.13-3(c). The limited permit will be issued only if the inspector 
examines the consignment and determines that the consignment has been 
prepared in compliance with the provisions of this section.


Sec.  318.13-22  Bananas from Hawaii.

    (a) Green bananas (Musa spp.) of the cultivars ``Williams,'' 
``Valery,'' ``Grand Nain,'' and standard and dwarf ``Brazilian'' may be 
moved interstate from Hawaii with certification in accordance with 
Sec.  318.13-3 of this subpart if the bananas meet the following 
conditions:\3\
---------------------------------------------------------------------------

    \3\ Bananas from Hawaii may also be moved to Alaska under Sec.  
318.13-16.
---------------------------------------------------------------------------

    (1) The bananas must be picked while green and packed for shipment 
within 24 hours after harvest. If the green bananas will be stored 
overnight during that 24-hour period, they must be stored in a facility 
that prevents access by fruit flies;
    (2) No bananas from bunches containing prematurely ripe fingers 
(i.e., individual yellow bananas in a cluster of otherwise green 
bananas) may be harvested or packed for shipment;
    (3) The bananas must be inspected by an inspector and found free of 
plant pests as well as any of the following defects: Prematurely ripe 
fingers, fused fingers, or exposed flesh (not including fresh cuts made 
during the packing process); and
    (4) To safeguard from fruit fly infestation, the bananas must be 
covered with insect proof packaging, such as insect-proof mesh screens 
or plastic tarpaulins, from the time that they are packaged for 
shipment until they reach the port of arrival on the mainland United 
States.
    (b) Bananas of any cultivar or ripeness that do not meet the 
conditions of paragraph (a) of this section may also be moved 
interstate from Hawaii in accordance with the following conditions:
    (1) The bananas are irradiated at the minimum dose listed in Sec.  
305.31(a) of this chapter and in accordance with the other requirements 
in Sec.  305.34 of this chapter for the Mediterranean fruit fly 
(Ceratitis capitata), the melon fruit fly (Bactrocera curcurbitae), the 
Oriental fruit fly (Bactrocera dorsalis), and the green scale (Coccus 
viridis) and are inspected, after removal from the stalk, in Hawaii and 
found to be free of the banana moth (Opogona sacchari (Bojen)) by an 
inspector before or after undergoing irradiation treatment; or
    (2) The bananas are irradiated at the minimum dose listed in Sec.  
305.31(a) of this chapter and in accordance with the other requirements 
in Sec.  305.34 of this chapter for the Mediterranean fruit fly 
(Ceratitis capitata), the melon fruit fly (Bactrocera curcurbitae), and 
the Oriental fruit fly (Bactrocera dorsalis) and are inspected, after 
removal from the stalk, in Hawaii and found to be free of the green 
scale (Coccus viridis) and the banana moth (Opogona sacchari (Bojen)) 
before or after undergoing irradiation treatment.
    (3) Untreated bananas from Hawaii may be moved interstate for 
treatment on the mainland United States under a limited permit issued 
by an inspector. To be eligible for a limited permit under this 
paragraph, bananas from Hawaii must be inspected prior to interstate 
movement from Hawaii and found free of banana moth if they are to be 
treated in accordance with the requirements of paragraph (b)(1) of this 
section or inspected and found free of banana moth and green scale if 
they are to be treated in accordance with the requirements of paragraph 
(b)(2) of this section.


Sec.  318.13-23  Cut flowers from Hawaii.

    (a) Except for cut blooms and leis of mauna loa and jade vine and 
except for cut blooms of gardenia not grown in accordance with 
paragraph (b) of this section, cut flowers may be moved interstate from 
Hawaii under limited permit, to a destination specified in the permit, 
directly from an establishment operated in accordance with the terms of 
a compliance agreement executed by the operator of the establishment, 
if the articles have not been exposed to infestation and they are not 
accompanied by any articles prohibited interstate movement under this 
subpart.
    (b) Cut blooms of gardenia may be moved interstate from Hawaii if 
grown and inspected in accordance with the provisions of this 
section.\4\
---------------------------------------------------------------------------

    \4\ Cut blooms of gardenia are also eligible for interstate 
movement with treatment in accordance with part 305 of this chapter.
---------------------------------------------------------------------------

    (1) The grower's production area must be inspected annually by an 
inspector and found free of green scale. If green scale is found during 
an inspection, a 2-month ban will be placed on the interstate movement 
of cut blooms of gardenia from that production area. Near the end of 
the 2 months, an inspector will reinspect the grower's production area 
to determine whether green scale is present. If reinspection determines 
that the production area is free of green scale, shipping may resume. 
If reinspection determines that green scale is still present in the 
production area, another 2-month ban on shipping will be placed on the 
interstate movement of gardenia from that production area. Each ban 
will be followed by reinspection in the manner specified, and the 
production area must be found free of green scale prior to interstate 
movement.

[[Page 34224]]

    (2) The grower must establish a buffer area surrounding gardenia 
production areas. The buffer area must extend 20 feet from the edge of 
the production area. Within the buffer area, the growing of gardenias 
and the following green scale host plants is prohibited: Ixora, ginger 
(Alpinia purpurata), plumeria, coffee, rambutan, litchi, guava, citrus, 
anthurium, avocado, banana, cocoa, macadamia, celery, Pluchea indica, 
mango, orchids, and annona.
    (3) An inspector must visually inspect the cut blooms of gardenias 
in each consignment prior to interstate movement from Hawaii to the 
mainland United States. If the inspector does not detect green scale in 
the consignment, the inspector will certify the consignment in 
accordance with Sec.  318.13-3(b). If the inspector finds green scale 
in a consignment, that consignment will be ineligible for interstate 
movement from Hawaii. (Approved by the Office of Management and Budget 
under control number 0579-0197)


Sec.  318.13-24  Sweetpotatoes from Puerto Rico.

    Sweetpotatoes from Puerto Rico may be moved interstate to Atlantic 
Coast ports north of and including Baltimore, MD, under limited permit 
if treated in accordance with part 305 of this chapter or if the 
following conditions are met:
    (a) The sweetpotatoes must be certified by an inspector of Puerto 
Rico as having been grown under the following conditions:
    (1) Fields in which the sweetpotatoes have been grown must have 
been given a preplanting treatment with an APHIS-approved soil 
insecticide.
    (2) Before planting in such treated fields, the sweetpotato draws 
and vine cuttings must have been dipped in an APHIS-approved 
insecticidal solution.
    (3) During the growing season an approved insecticide must have 
been applied to the vines at prescribed intervals.
    (b) An inspector of Puerto Rico must certify that the sweetpotatoes 
have been washed.
    (c) The sweetpotatoes must be graded by inspectors of Puerto Rico 
in accordance with Puerto Rican standards which do not provide a 
tolerance for insect infestation or evidence of insect injury and found 
by such inspectors to comply with such standards prior to movement from 
Puerto Rico.
    (d) The sweetpotatoes must be inspected by an inspector and found 
to be free of the sweetpotato scarabee (Euscepes postfasciatus Fairm).


Sec.  318.13-25  Sweetpotatoes from Hawaii.

    (a) Sweetpotatoes may be moved interstate from Hawaii in accordance 
with this section only if the following conditions are met: \5\
---------------------------------------------------------------------------

    \5\ Sweetpotatoes may also be moved interstate from Hawaii with 
irradiation in accordance with Sec.  305.34 of this chapter or after 
fumigation with methyl bromide according to treatment schedule T-
101-b-3-1, as provided for in Sec.  305.6(a) of this chapter.
---------------------------------------------------------------------------

    (1) The sweetpotatoes must be treated in accordance with the vapor 
heat treatment schedule specified in Sec.  305.24.
    (2) The sweetpotatoes must be sampled, cut, and inspected and found 
to be free of the ginger weevil (Elytrotreinus subtruncatus). 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.
    (3) The sweetpotatoes must be inspected and found to be free of the 
gray pineapple mealybug (Dysmicoccus neobrevipes) and the Kona coffee-
root knot nematode (Meloidogyne konaensis).
    (4)(i) Sweetpotatoes that are treated in Hawaii must be packaged in 
the following manner:
    (A) The cartons must have no openings that will allow the entry of 
fruit flies and must be sealed with seals that will visually indicate 
if the cartons have been opened. They may be constructed of any 
material that prevents the entry of fruit flies and prevents 
oviposition by fruit flies into the fruit in the carton.\6\
---------------------------------------------------------------------------

    \6\ If there is a question as to the adequacy of a carton, send 
a request for approval of the carton, together with a sample carton, 
to the Animal and Plant Health Inspection Service, Plant Protection 
and Quarantine, Center for Plant Health Science and Technology, 1730 
Varsity Drive, Suite 400, Raleigh, NC 27606.
---------------------------------------------------------------------------

    (B) The pallet-load of cartons must be wrapped before it leaves the 
treatment facility in one of the following ways:
    (1) With polyethylene sheet wrap;
    (2) With net wrapping; or
    (3) With strapping so that each carton on an outside row of the 
pallet load is constrained by a metal or plastic strap.
    (C) Packaging must be labeled with treatment lot numbers, packing 
and treatment facility identification and location, and dates of 
packing and treatment.
    (ii) Cartons of untreated sweetpotatoes that are moving to the 
mainland United States for treatment must be shipped in shipping 
containers sealed prior to interstate movement with seals that will 
visually indicate if the shipping containers have been opened.
    (5)(i) Certification on basis of treatment. Certification shall be 
issued by an inspector for the movement of sweetpotatoes from Hawaii 
that have been treated in accordance with part 305 of this chapter and 
handled in Hawaii in accordance with this section.
    (ii) Limited permit. A limited permit shall be issued by an 
inspector for the interstate movement of untreated sweetpotato from 
Hawaii for treatment on the mainland United States in accordance with 
this section.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
number 0579-0281)

Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands 
[Removed]

    5. Subpart--Fruits and Vegetables From Puerto Rico or Virgin 
Islands, consisting of Sec. Sec.  318.58 through 318.58-16, is removed.

Subpart--Guam [Removed]

    6. Subpart--Guam, consisting of Sec. Sec.  318.82 through 318.82-3, 
is removed.

    Done in Washington, DC, this 10th day of June 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-13480 Filed 6-16-08; 8:45 am]
BILLING CODE 3410-34-P