[Federal Register: July 18, 2001 (Volume 66, Number 138)]
[Proposed Rules]
[Page 37425-37429]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy01-16]
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[[Page 37425]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 318
[Docket No. 98-127-1]
Rambutan, Longan, and Litchi From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the Hawaiian fruits and vegetables
regulations to provide alternative treatments for rambutan, longan, and
litchi moving interstate from Hawaii. This proposed action would
facilitate the interstate movement of rambutan, longan, and litchi from
Hawaii while continuing to provide protection against the spread of
injurious plant pests from Hawaii to other parts of the United States.
We are also proposing to consolidate and update the existing
regulations governing the interstate movement of certain fruits from
Hawaii in order to make them easier to understand.
DATES: We will consider all comments that we receive by September 17,
2001.
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 98-127-1, 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. 98-127-1.
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: Donna L. West, Import Specialist,
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit
140, Riverdale, MD 20737-1236; (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
The Hawaiian Fruits and Vegetables regulations, contained in 7 CFR
318.13 through 318.13-17 (referred to below as the regulations),
govern, among other things, the interstate movement of fruits and
vegetables from Hawaii. Regulation is necessary to prevent the spread
of dangerous plant diseases and pests that exist in Hawaii, including
the Mediterranean fruit fly (Ceratitis capitata), the melon fly
(Bactrocera cucurbitae), and the Oriental fruit fly (Bactrocera
dorsalis).
The regulations currently require specified fruits to undergo
treatment as a condition of movement from Hawaii to other States. In
some cases, the treatment schedules are set forth in the regulations,
while in others, the regulations require that fruit be treated in
accordance with a treatment listed in the Plant Protection and
Quarantine (PPQ) Treatment Manual, which is incorporated by reference
at 7 CFR 300.1(a).
In this document, we are proposing to add several treatments to the
PPQ Treatment Manual, provide alternative treatments for rambutan,
longan, litchi, and several other fruits, remove specific treatment
schedules from Sec. 318.13-4b of the regulations, and consolidate
several sections of the regulations into a revised Sec. 318.13-4b. The
proposed changes are described below, by commodity.
Bell Peppers, Eggplants, Pineapples (Other than Smooth Cayenne),
Italian Squash, and Tomatoes
Under the current regulations in Sec. 318.13-4b, bell peppers,
eggplants, pineapples (other than smooth cayenne), Italian squash, and
tomatoes may be moved interstate from Hawaii if, among other things,
they are treated with the vapor heat treatment prescribed in the
regulations. This treatment, which requires that fruits be treated with
vapor heat at 110 deg.F for 8.75 hours, differs from the vapor heat
treatment specified in the PPQ Treatment Manual for those fruits. The
PPQ Treatment Manual specifies the following vapor heat treatment for
bell peppers, eggplants, pineapples (other than smooth Cayenne),
Italian squash, and tomatoes:
Vapor Heat Treatment for Ceratitis Capitata (Mediterranean Fruit fly),
Bactrocera Dorsalis (Oriental Fruit fly), and Bactrocera Cucurbitae
(Melon fly)
1. Raise temperature of article by saturated water vapor at 112
deg.F until approximate center of fruit reaches 112 deg.F within a
time period designated by the PPQ officer.
2. Hold fruit temperature at 112 deg.F for 8.75 hours, then cool
immediately. Pretreatment conditioning is optional and is the
responsibility of the shipper.
The above treatment is preferable to the treatment listed in
Sec. 318.13-4b(a)(1) because research conducted by the Agricultural
Research Service (ARS) has shown that certain pests of bell peppers,
eggplants, pineapples (other than smooth cayenne), Italian squash, and
tomatoes may not be eliminated by vapor heat treatment at less than 112
deg.F.
Therefore, we are proposing to remove the treatment in Sec. 318.13-
4b(a)(1) for bell peppers, eggplants, pineapples (other than smooth
cayenne), Italian squash, and tomatoes and replace it with a
requirement that those fruits be treated in accordance with the PPQ
Treatment Manual, or any applicable treatment provided in the
regulations. (Tomatoes may also be treated with methyl bromide in
accordance with Sec. 318.13-4c.)
In conjunction with this change, we would remove Sec. 318.13-
4b(e)(2), which explains that eggplants need to be properly conditioned
in order to tolerate the required vapor heat treatment. Since the
conditioning of eggplants is at the discretion of the shipper and is
not required under the regulations, Sec. 318.13-4b(e)(2) would not need
to be included in the revised regulations.
Papaya
Under the current regulations in Sec. 318.13-4b, papayas may be
moved interstate from Hawaii if, among other things, they are treated
with a vapor
[[Page 37426]]
heat treatment prescribed in Secs. 318.13-4b(a)(1) or (a)(2). Paragraph
(a)(1) requires that fruits be treated with vapor heat at 110 deg.F
for 8.75 hours. Paragraph (a)(2) requires that fruits be treated with
vapor heat until the approximate center of the fruit reaches 117
deg.F. This second option is referred to as a ``quick run-up''
treatment.
As is the case with bell peppers and the other fruits discussed
above, the treatment in paragraph (a)(1) is no longer in use for
papayas. The ``quick run-up'' vapor heat treatment provided in
paragraph (a)(2) is the only vapor heat treatment currently being used
in Hawaii to treat papayas. Therefore, we are proposing to remove the
treatment listed in paragraph (a)(1) as a treatment for papayas, and,
since the ``quick run-up'' treatment is not listed in the PPQ Treatment
Manual, we would add it to the PPQ Treatment Manual, and remove it from
the regulations in Sec. 318.13-4b. The treatment is as follows:
Vapor Heat Treatment for Ceratitis Capitata (Mediterranean Fruit fly),
Bactrocera Dorsalis (Oriental Fruit fly), and Bactrocera Cucurbitae
(Melon fly)
1. Raise temperature of article by saturated water vapor at 117
deg.F until approximate center of fruit reaches 117 deg.F in a minimum
time period of 4 hours.
In conjunction with this change, we would amend the regulations in
Sec. 318.13-4b to provide that papayas may be moved interstate from
Hawaii if treated in accordance with the PPQ Treatment Manual, or any
other applicable treatment provided in the regulations. (Papayas may
also be treated with irradiation in accordance with Sec. 318.13-4f.)
Further, we would also remove Sec. 318.13-4b(e)(3), which explains
that papayas need to be properly conditioned in order to tolerate the
required vapor heat treatment. Since the conditioning of papayas is at
the discretion of the shipper and is not required under the
regulations, Sec. 318.13-4b(e)(3) would not need to be included in the
revised regulations.
Avocado and Carambola
Currently, the regulations in Secs. 318.13-4d and 318.13-4h provide
for the interstate movement of avocados and carambolas, respectively,
from Hawaii if the fruits are treated for certain pests in accordance
with the PPQ Treatment Manual. In order to streamline the regulations,
we propose to remove the regulations in Secs. 318.13-4d and 318.13-4h
and add avocados and carambolas to the revised Sec. 318.13-4b, which
would list certain fruits that are eligible for movement from Hawaii if
they are first treated in accordance with the PPQ Treatment Manual.
Carambola could also be treated with irradiation in accordance with
Sec. 318.13-4.
Litchi
Under the current regulations in Sec. 318.13-4e, litchi may be
moved interstate from Hawaii to all States except Florida if, among
other things, they are inspected for, and found free of, the litchi
fruit moth (Cryptophlebia spp.) and are then treated for certain pests
in accordance with the PPQ Treatment Manual, which calls for a hot
water treatment. Litchi may also be moved interstate from Hawaii to all
States except Florida if treated with irradiation in accordance with
the regulations in Sec. 318.13-4f. In both cases, the regulations
specify that litchi may not be moved into Florida because one pest, the
litchi rust mite (Eriophyes litchi), would not be easily detected by an
inspector. Therefore, the entry of litchi from Hawaii into Florida,
where most mainland litchi is grown, is prohibited as a precaution
against the possible introduction of the litchi rust mite. Accordingly,
the regulations require that cartons in which the litchi are packed be
stamped ``Not for importation into or distribution in FL.'' \1\
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\1\ The current regulations uses the term ``importation''
incorrectly. Products moving to the mainland from Hawaii are being
``moved'' in interstate commerce, and are not being ``imported''
into the United States. This proposed rule would amend the
regulations to reflect the proper terminology.
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In order to streamline the regulations, we are proposing to remove
the requirements in Sec. 318.13-4e and add litchi to the revised
Sec. 318.13-4b, which would list fruits that are eligible for movement
from Hawaii if they are first treated in accordance with the PPQ
Treatment Manual or in accordance with any applicable treatment
provided in the regulations. We would also add requirements to the
revised Sec. 318.13-4b to make it clear that litchi and any other
fruits moving interstate from Hawaii under the regulations in
Sec. 318.13-4b must be inspected and found free of plant pests prior to
treatment. Further, we would amend Sec. 318.13-4b to state that litchi
would not be eligible for movement into Florida, and cartons in which
the litchi are packed would be required to be stamped ``Not for
movement into or distribution in FL.''
Based on research and recommendations by ARS, we are also proposing
to add a new vapor heat treatment, which is explained below, to the PPQ
Treatment Manual for litchi moving interstate from Hawaii. Research
conducted by ARS indicates that this treatment would provide probit 9
quarantine security (99.997 percent mortality or no more than 3
individuals surviving from an estimated treatment population of
100,000) against any potential infestations of Mediterranean fruit fly
or Oriental fruit fly.
ARS has determined, however, that this new vapor heat treatment,
like the existing hot water treatment, may not affect other pests that
may be carried by litchi (i.e., the litchi rust mite). Because the
litchi rust mite would not be easily detected by an inspector, the
movement of vapor heat-treated litchi from Hawaii into Florida would,
as is the case with hot water-treated litchi, be prohibited.
Other pests that may be carried by litchi could be easily detected
by inspection. Therefore, we would require that prior to treatment, the
litchi must be inspected for the presence of scales, mealybugs, thrips,
and other plant pests. If the litchi are found free of such pests, the
following vapor heat treatment would be applied under the supervision
of an inspector of the Animal and Plant Health Inspection Service
(APHIS):
1. The internal temperature of the fruits is to be raised to 117
deg.F (or above) until the fruit seed surface temperature (largest
fruits) reaches 117 deg.F. The total run-up time (all sensors) must
take at least 60 minutes.
2. Fruit is to be held at a temperature of 117 deg.F (or above) at
90 percent relative humidity or above for 20 minutes.
3. Fruit is to be hydrocooled under a cool water spray until probed
fruit return to ambient temperature.
4. The inspector must perform a careful visual inspection of the
treated fruit to confirm the absence of other live pest species of
quarantine significance. If any of the following are found live, the
inspector will reject the treatment: Cryptophlebia illepida (koa
seedworm), Cryptophlebia ombrodelta (litchi fruit moth), Epiphyas
postvittana (light brown apple moth), Eriophyes litchi (litchi rust
mite).
This treatment would provide an alternative to the existing hot
water treatment provided in the PPQ Treatment Manual and the
irradiation treatment provided in Sec. 318.13-4f.
Rambutan
Rambutan (Nephelium lappaceum L.) fruit is a recorded host of the
Mediterranean fruit fly and Oriental fruit fly, among other pests, but
is not a recorded host of melon fly. Currently, rambutan is only
allowed to move interstate from Hawaii if it is treated with
irradiation in accordance with the regulations in Sec. 318.13-4f.
[[Page 37427]]
Based on research and recommendations by ARS, we are proposing to
add two treatments to the PPQ Treatment Manual for rambutan moving
interstate from Hawaii. ARS research indicates that these high
temperature forced air and vapor heat treatments, which are described
below, would provide probit 9 quarantine security against any potential
infestations of Mediterranean fruit fly or Oriental fruit fly.
Prior to treatment, the rambutan would have to be inspected for the
presence of scales, mealybugs, thrips, and other plant pests. If the
rambutan is found free of such pests, the following treatment would be
applied using either high temperature forced air or vapor heat, under
the supervision of an APHIS inspector:
1. The internal temperature of rambutan is to be raised by high
temperature forced air or saturated water vapor to 117 deg.F (47.2
deg.C) during a period of 1 hour or longer.
2. Fruits are to be held at or above 117 deg.F (47.2 deg.C) or
above for 20 minutes. (For vapor heat treatment, fruits must also be
held at 90 percent relative humidity during the same 20 minutes).
3. Cooling the fruits is optional.
In conjunction with this change, we would also amend the
regulations to say that rambutan may be moved interstate from Hawaii if
treated in accordance with the PPQ Treatment Manual, or any applicable
treatment provided in the regulations. These treatments would provide
alternatives to the existing irradiation treatment for rambutan
provided in Sec. 318.13-4f.
Longan
Longan (Dimocarpus longan Lour.) fruit is a recorded host of the
Mediterranean fruit fly and Oriental fruit fly, among other pests, but
is not a recorded host for melon fly. Currently, longan is only allowed
to move interstate from Hawaii to all States except Florida if it is
treated with irradiation in accordance with the regulations in
Sec. 318.13-4f.
Based on research and recommendations by ARS, we are proposing to
add a hot water treatment to the PPQ Treatment Manual for longan moving
interstate from Hawaii. ARS research indicates that this treatment,
which is described below, would provide probit 9 quarantine security
against any potential infestations of Mediterranean fruit fly or
Oriental fruit fly.
ARS has determined, however, that the hot water treatment may not
affect other pests that may be carried by longan (i.e., the litchi rust
mite). Because the litchi rust mite would not be easily detected by an
inspector, the entry of longan from Hawaii into Florida, where most
mainland longan and other hosts of the litchi rust mite are grown,
would be prohibited and cartons in which longan from Hawaii are packed
would be required to be stamped ``Not for movement into or distribution
in FL.'' This prohibition would be consistent with the requirement in
Sec. 318.13-4f that irradiated longan may not be moved into Florida due
to the litchi rust mite.
Other pests that may be carried by longan could be easily detected
by inspection. Therefore, we would require that prior to treatment, the
longan must be inspected for the presence of scales, mealybugs, thrips,
and other plant pests. If the longan are found free of such pests, the
following treatment would be applied, under the supervision of an APHIS
inspector:
1. Fruits must be at ambient temperature before treatment begins.
2. Fruits must be submerged at least 4 inches below the surface in
a certified hot water immersion treatment tank.
3. Water must circulate constantly, and be kept at 120.2 deg.F (or
above) for 20 minutes. Treatment time begins when the water temperature
reaches at least 120.2 deg.F in all locations throughout the tank.
Note: Temperatures exceeding 121.1 deg.F can cause phytotoxic damage.
4. Hydrocooling for 20 minutes at 75.2 deg.F is recommended, though
not required, to prevent injury to the fruit from the hot water
immersion treatment.
In conjunction with this change, we would also amend the
regulations to provide that longan may be moved interstate from Hawaii
to all States except Florida if treated in accordance with the PPQ
Treatment Manual, or any other applicable treatment provided in the
regulations. This treatment would provide an alternative to the
existing irradiation treatment for longan provided in Sec. 318.13-4f.
Miscellaneous
We are also proposing to correct an error in Sec. 318.13-2 of the
regulations. Under paragraph (b) of that section, all species of the
genus Allium may be moved from Hawaii in accordance with the
regulations in the subpart. We are proposing to amend the regulations
to provide that only Chinese chives (Allium tuberosum) and bulb forms
of Allium spp. are eligible to move from Hawaii in accordance with the
regulations. We are proposing this change because some species of the
genus Allium (including leeks and some other species not typically
shipped or otherwise traded in bulb form) are known to host a leaf
miner (Acrolepiopsis sapporensis) that does not exist in the mainland
United States and that may present a risk to mainland agriculture.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review process required by Executive Order 12866.
In this document, we are proposing to amend the Hawaiian fruits and
vegetables regulations to provide for the interstate movement of
rambutan, litchi, and longan from Hawaii after the fruit is treated,
under certain conditions, for fruit flies. Under our proposal, those
fruits would be allowed to move interstate from Hawaii if they are
first inspected and then treated for pests using the following types of
treatments:
------------------------------------------------------------------------
Fruit Treatments
------------------------------------------------------------------------
Rambutan............................... High temperature forces air or
vapor heat.
Litchi................................. Vapor heat.
Longan................................. Hot water.
------------------------------------------------------------------------
This proposed action would facilitate the interstate movement of
rambutan, longan, and litchi from Hawaii while continuing to provide
protection against the spread of injurious plant pests from Hawaii to
other parts of the United States.
The above fruits are already allowed to move interstate from Hawaii
if treated with irradiation in accordance with the regulations in
Sec. 318.13-4f. Litchi may also be moved interstate from Hawaii if
treated with hot water in accordance with the PPQ Treatment Manual;
however, there are currently no hot water treatment facilities in use
in Hawaii. Longan and litchi are not allowed to be moved into Florida
due to the risk of introducing the litchi rust mite into areas in
Florida where longan and litchi are commercially grown.
Providing alternative pest treatment methods for rambutan, litchi,
and longan fruits from Hawaii is expected to stimulate growth of the
industry and provide access to the larger mainland market.
Production of rambutan in Hawaii decreased from 264,300 pounds in
1997 to about 139,200 pounds in 1998. Rambutan farm prices increased
from $2.71 per pound to $3.03 per pound during that period. There are
approximately 50 farms in Hawaii that produce rambutan, and each of
those farms can be considered to be small entities according to Small
Business
[[Page 37428]]
Administration (SBA) criteria (i.e., a producer with less than $500,000
in annual sales).
In 1998, the United States produced approximately 2.3 million
pounds of litchi, with Hawaii producing 157,000 pounds of litchi,
valued at $309,000, during that same period. There are approximately 75
farms in Hawaii that produce litchi, and each is a small entity
according to SBA criteria.
The United States produces approximately 1.4 million pounds of
longan (mostly in Florida) annually, with a market value of
approximately $767,000. Hawaii produced approximately 17,000 pounds of
longan in 1998. Any producers of longan in Hawaii are likely to be
small entities according to SBA criteria. However, given that Hawaii
produces small volumes of longan, it is unlikely that a significant
amount of longan would be moved interstate from Hawaii if this proposed
rule is adopted.
Currently, there are nine treatment firms in Hawaii that perform
the treatments required under the regulations. Four firms use the vapor
heat treatment method, four use the dry heat or high temperature forced
air method, and one uses the irradiation method. There are no hot water
treatment facilities in operation in Hawaii.
Vapor heat and high temperature forced air treatments require
between 4 and 6 hours of treatment. The cost of treatment ranges from
0.92 to 2.3 cents per pound (approximately $18.40 to $46.00 per ton
with capital construction cost of about $0.9 million to $1.2 million),
while irradiation requires about 40 minutes of treatment at a cost of
approximately 0.93 to 1.58 cents per pound (approximately $18.60 to
$31.60 per ton with capital construction cost of about $2.8 million to
$3.8 million for a freestanding facility).
A hot water treatment tank fitted with four baskets costs about
$75,000 and has a useful life of about 10 years. Using hot water
treatment as an alternative would cost, taking into account the
opportunity cost of capital, labor cost, and fuel cost, about $13.95
per ton. A hot water treatment tank fitted with four bins has capacity
to treat about 8 tons of fruit per hour. Unless there is a large volume
of fruit available for treatment, the equipment would likely be
underutilized.
Producers would be able to utilize existing facilities in Hawaii to
treat fruits under the conditions specified in this proposed rule. The
proposed rule would likely result in increased revenue for the existing
vapor heat and dry heat facilities in Hawaii. Additionally, growers in
Hawaii would benefit from the increased opportunity for selling their
products in a larger and more diverse market and from potential
decreases in the cost of treating fruits. If producers respond by
planting and harvesting more acreage of these fruits, both consumers
and firms that provide treatment services are likely to benefit.
All of the treatment methods would be more economical for owners of
facilities and sellers of fruits if the treatments are applied to
larger shipments. Initial investment associated with the treatments
considered here would depend on the number, capacity, and complexity of
required facilities. Costs per pound of fruit treated can rise
dramatically when capital-intensive facilities are operated at less
than design capacity. This would happen when the commodity is not
shipped year round, or when production decreases dramatically (as in
the case of a freeze), or if trade patterns or the regulatory
environment changes substantially. The effect of underutilized capital
equipment on per-unit treatment costs tends to be greater the more
expensive the initial capital investment. For example, a recent study
estimated that operating strawberry irradiators at 25 percent of their
annual throughput capacity can increase the cost of irradiating
strawberries by 212 percent, from $0.034/lb treated (when plant is
operated at 100 percent annual capacity) to $0.106/lb treated (when
plant is operated at only 25 percent of capacity).
The economic effects of this proposed rule on mainland growers and
prices on the mainland are not expected to be significant. However,
mainland consumers of fresh rambutan, litchi, and longan would likely
benefit from increased seasonal and regional availability and from the
increased variety of fresh fruits, as well as from more stable prices.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No.10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Incorporation by
reference, Plant diseases and pests, Puerto Rico, Quarantine,
Transportation, Vegetables, Virgin Islands.
Accordingly, we propose to amend 7 CFR parts 300 and 318 as
follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 300.1, paragraph (a), the introductory text would be
revised to read as follows:
Sec. 300.1 Materials incorporated by reference.
(a) Plant Protection and Quarantine Treatment Manual. The Plant
Protection and Quarantine Treatment Manual, which was reprinted
November 30, 1992, and includes all revisions through [date], has been
approved for incorporation by reference in 7 CFR chapter III by the
Director of the Office of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
3. The authority citation for part 318 would be revised to read as
follows:
Authority: U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7 CFR
2.22, 2.80, and 371.3.
4. In Sec. 318.13-2, paragraph (b), the entry for Allium spp. would
be removed and the following entries would be added in its place:
Sec. 318.13-2 Regulated articles.
* * * * *
(b) * * *
[[Page 37429]]
Allium spp. (bulb only)
Allium tuberosum
* * * * *
5. Section 318.13-4b, would be revised to read as follows:
Sec. 318.13-4b Administrative instructions; conditions governing the
interstate movement from Hawaii of certain fruits for which treatment
is required.
(a) General instructions. Fruits listed in this section may only be
moved interstate from Hawaii in accordance with this section or in
accordance with other applicable sections in this subpart.
(b) Eligible fruits. The following fruits may be moved interstate
from Hawaii if, prior to interstate movement, they are inspected for
plant pests by an inspector and are then treated for fruit flies under
the supervision of an inspector with a treatment prescribed in the
Plant Protection and Quarantine (PPQ) Treatment Manual, which is
incorporated by reference at Sec. 300.1 of this chapter: Avocados, bell
peppers, carambolas, eggplants, Italian squash, litchi, longan,
papayas, pineapples (other than smooth cayenne), rambutan, and
tomatoes.
(c) Subsequent handling. All handling of fruits subsequent to
treatment in Hawaii must be carried out under the supervision of an
inspector and according to the inspector's instructions.
(d) Destination restrictions. Litchi and longan that are moved
interstate from Hawaii under this section may not be moved into Florida
due to the litchi rust mite (Eriophyes litchi). Cartons used to carry
such fruits must be stamped: ``Not for movement into or distribution in
FL.''
(e) Costs and charges. All costs of treatment and any post-
treatment safeguards prescribed by an inspector must be borne by the
owner of the fruits or the owner's representative. The services of an
inspector during regularly assigned hours of duty and at the usual
place of duty are furnished by APHIS without charge.
(f) Department not responsible for damages. Treatments prescribed
in the PPQ Treatment Manual are judged from experimental tests to be
safe for use with the fruits listed in paragraph (b) of this section.
However, the Department assumes no responsibility for any damage
sustained through or in the course of the treatment, or because of
safeguards required by an inspector.
Sec. 318.13-4d [Removed and reserved]
6. Section 318.13-4d would be removed and reserved.
Sec. 318.13-4e Removed and reserved]
7. Section 318.13-4e would be removed and reserved.
Sec. 318.13-4h Removed and reserved]
8. Section 318.13-4h would be removed and reserved.
Done in Washington, DC, this 11th day of July 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-17803 Filed 7-17-01; 8:45 am]
BILLING CODE 3410-34-U
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