Mexican Hass Avocado Import Program

From: GPO_Access_USDA
Date: 2000/05/11


[Federal Register: May 11, 2000 (Volume 65, Number 92)]
[Proposed Rules]
[Page 30365-30366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my00-12]

[[Page 30365]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 00-003-1]

Mexican Hass Avocado Import Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Request for comments.

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SUMMARY: The Government of Mexico has requested that the Animal and
Plant Health Inspection Service consider amending its regulations
regarding the importation of Hass avocado fruit from Mexico to expand
the number of States in which the fruit may be distributed and to
increase the length of the shipping season during which Hass avocados
may be imported into the United States. In this notice, we are asking
the public for its comments and recommendations regarding the scope of
our review and are soliciting any additional data or information that
may have a bearing on our review of the Mexican Government's request.
We will use any information gathered through this notice as we consider
the Mexican Government's request that we expand the length of the
shipping season during which, and the number of approved States into
which, Mexican Hass avocados may be imported into the United States.

DATES: We invite you to comment on this docket. We will consider all
comments that we receive by August 9, 2000.

ADDRESSES: Please send your comment and three copies to:
    Docket No. 00-003-1, Regulatory Analysis and Development, PPD,
APHIS, Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-003-1.
    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.
    APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Senior Import
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart Fruits and Vegetables'' (7 CFR 319.56
through 319.56-8) prohibit or restrict the importation of fruits and
vegetables into the United States from certain parts of the world to
prevent the introduction and dissemination of plant pests, including
fruit flies, that are new to or not widely distributed within the
United States.
    Under the regulations in 7 CFR 319.56-2ff, fresh Hass avocado fruit
grown in approved orchards in approved municipalities in Michoacan,
Mexico, may be imported into specified areas of the United States,
subject to certain conditions. Currently, those regulations allow
Mexican Hass avocados to be imported into the United States only during
the months of November, December, January, and February. Further, the
fruit may only be distributed in the following northeastern States:
Connecticut, Delaware, the District of Columbia, Illinois, Indiana,
Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New
Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia,
West Virginia, and Wisconsin.
    The Government of Mexico has requested that the Animal and Plant
Health Inspection Service (APHIS) amend the regulations regarding the
importation of Mexican Hass avocados to (1) increase the number of
States into which the avocados may be imported and (2) to allow the
shipping season to begin 1 month earlier (October rather than November)
and end 1 month later (March rather than February).
    With regard to increasing the number of approved States, Mexico has
asked that we consider allowing Hass avocados to be imported into
additional northern-tier States that, like the currently approved
northeastern States, do not contain host material for any of the
avocado-specific pests of concern identified in the regulations and
that have climatic conditions that do not support the establishment of
fruit flies. The Mexican Government has not yet identified the specific
States that it believes might meet those criteria, and we anticipate
that Mexico would seek additional information from APHIS before making
such a specific request.
    Studies conducted by the U.S. Department of Agriculture's
Agricultural Research Service have shown that the Mexican fruit fly is
less active and oviposits less at temperatures below 70 deg.F. Median
temperatures in the Michoacan production areas during the current
shipping season of November through February are consistently below 70
deg.F, thus the climate is not favorable to fruit fly activity during
those months. In establishing the current November through February
shipping season, we considered the unfavorable climate in the Michoacan
production areas along with the Hass avocado's non-preferred host
status and concluded that the infestation threat posed to the avocados
by Anastrepha spp. fruit flies would be insignificant. In requesting
the lengthened shipping season, the Mexican Government has stated that
the median temperatures in the Michoacan production areas during
October and March are consistently below 70 deg.F, just as is the case
during the current November through February shipping season.
Preliminary temperature data provided by Mexico covering the years 1990
through 1999 indicate that only once during that period did the median
temperature rise above 70 deg.F during October or March (72.3 deg.F,
recorded at the Comision Nacional del Agua climate monitoring station
in the municipality of Periban, Michoacan, in March 1992).
    In our review of the Mexican Government's request, we anticipate

[[Page 30366]]

that we will consider information such as the pest risk assessment and
risk management analysis prepared for the rulemaking that established
the current program; fruit fly trapping data and pest survey data from
the growing area; fruit cutting data from both the packinghouses in
Mexico and the U.S. port-of-entry inspections; temperature data for the
production areas in Mexico, the currently approved States, and any
States that might be added; and the results of APHIS' most recent
comprehensive review of the Mexican Hass avocado program. Copies of
this information may be obtained by calling or writing to the person
listed under FOR FURTHER INFORMATION CONTACT.
    We are asking the public for its comments and recommendations
regarding the scope of our review and are soliciting any additional
data or information that may have a bearing on our review of the
Mexican Government's request. We wish to emphasize the preliminary
nature of our review; we are not, at this time, proposing to make any
changes to the provisions of the current Mexican avocado import program
found in Sec. 319.56-2ff. We would, therefore, ask that any comments
focus on the scientific, technical, or other issues that commenters
believe should be considered during our review of the Mexican
Government's request.
    If, after completing our review of the available data and any
pertinent information submitted by the public, we conclude that there
are sufficient data available to support Mexico's request, APHIS will
prepare a proposed rule for public comment before making any final
decision to approve additional States to receive Mexican Hass avocados
or to expand the shipping season to include the months of October and
March.

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a.

    Done in Washington, DC, this 8th day of May 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-11835 Filed 5-10-00; 8:45 am]
BILLING CODE 3410-34-P



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