Treatments for Fruits and Vegetables, 4451-4464 [06-746]
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4451
Rules and Regulations
Federal Register
Vol. 71, No. 18
Friday, January 27, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Parts 301, 305, 318, and 319
[Docket No. 03–077–2]
Treatments for Fruits and Vegetables
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
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AGENCY:
SUMMARY: We are amending the
regulations by revising the approved
doses for irradiation treatment of
imported fruits and vegetables. This rule
will establish a new minimum generic
dose of irradiation for most plant pests
of the class Insecta, establish a new
minimum generic dose for the fruit fly
family, reduce the minimum dose of
irradiation for some specific fruit fly
species, add 10 pests to the list of pests
for which irradiation is an approved
treatment at less than the generic dose,
and provide for the use of irradiation as
a treatment for cut flowers and foliage.
These actions will allow the use of
irradiation to neutralize more pests and
to neutralize some pests at lower doses.
Furthermore, we are providing for the
irradiation of fruits and vegetables
moved interstate from Hawaii at the
pest-specific irradiation doses that are
now approved for imported fruits and
vegetables. We are also providing for the
use of irradiation to treat fruits and
vegetables moved interstate from Puerto
Rico and the U.S. Virgin Islands. These
actions will allow irradiation to serve as
an alternative to other approved
treatments for additional commodities
moved interstate from Hawaii, Puerto
Rico, and the U.S. Virgin Islands.
Finally, we are adding irradiation as a
treatment for bananas from Hawaii and
adding vapor-heat treatment as an
optional treatment for sweetpotatoes
from Hawaii. These actions will provide
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an alternative to the currently approved
treatments for those commodities while
continuing to provide protection against
the spread of plant pests from Hawaii
into the continental United States.
EFFECTIVE DATE: February 27, 2006.
FOR FURTHER INFORMATION CONTACT: Dr.
Inder P.S. Gadh, Senior Risk Manager,
Commodity Import Analysis &
Operations, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737–
1236; (301) 734–8758.
SUPPLEMENTARY INFORMATION:
Background
The phytosanitary treatments
regulations contained in 7 CFR part 305
set out standards and schedules for
treatments required in 7 CFR parts 301,
318, and 319 for fruits, vegetables, and
other articles to prevent the
introduction or dissemination of plant
pests or noxious weeds into or through
the United States. Within 7 CFR part
305, the irradiation treatments subpart
(§§ 305.31 through 305.34, referred to
below as the regulations) sets out
standards and minimum doses for
irradiation treatment for imported fruits
and vegetables and for regulated articles
moved interstate from quarantined areas
within the United States, along with
other requirements for performing
irradiation treatments.
On June 10, 2005, we published in the
Federal Register (70 FR 33857–33873,
Docket No. 03–077–1) a proposal to
amend the regulations by making
several amendments to the irradiation
treatment regulations for imported fruits
and vegetables, for fruits and vegetables
moved interstate from Hawaii, Puerto
Rico, and the U.S. Virgin Islands, and
for regulated articles moved interstate
from areas quarantined for Mexican fruit
fly or Mediterranean fruit fly. We also
proposed to provide for the use of
irradiation treatment for bananas moved
interstate from Hawaii and to provide
for the use of a vapor heat treatment for
sweetpotatoes moved interstate from
Hawaii.
On June 20, 2005, the Federal
Register published a correction (70 FR
35500) to the table in § 305.31(a) of our
proposal in which the generic dose for
all pests of the phylum Arthropoda,
excluding adults and pupae of the order
Lepidoptera, was corrected to read 400
gray.
We solicited comments concerning
our proposal for 60 days ending August
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9, 2005. We received 13 comments by
that date. They were from producers,
researchers, representatives of State and
foreign agricultural departments, an
international industry organization, a
public interest organization, and a
private citizen. The comments are
discussed below by topic.
Issue Outside the Scope of APHIS’
Authority
One commenter raised an issue that
concerns a matter under the regulatory
authority of the Food and Drug
Administration (FDA), not the Animal
and Plant Health Inspection Service
(APHIS). Specifically, the commenter
expressed concern that irradiation will
make foods unsafe to eat. The
commenter stated that irradiation
produced 2-alkylcyclobutanones, which
she contended is a dangerous residue
chemical present in irradiated fruits and
vegetables.
The FDA has primary regulatory
responsibility for ensuring that
approved irradiation doses do not
render foods unsafe to eat. FDA
regulations (21 CFR 179.26) establish a
limit of 1.0 kilogray for disinfestation of
arthropod pests in fresh fruits and
vegetables. All of the irradiation doses
contained in this rule are significantly
less than this approved safe dose limit.
Use of Irradiation to Treat Cut Flowers
and Foliage
One commenter requested that we
also provide for the use of irradiation to
treat cut flowers and foliage that are
subject to treatment requirements in the
regulations.
We agree that cut flowers and foliage
that are hosts of pests for which
irradiation is an approved treatment can
be treated at the pest-specific doses
provided in this final rule. Therefore, in
this final rule we have amended the
phytosanitary treatment regulations as
well as the Hawaiian and territorial
quarantine regulations to provide for the
use of irradiation to treat cut flowers
and foliage. Specifically, we have
amended paragraph (a) of § 305.31 to
provide that irradiation at the pestspecific doses may be used to treat cut
flowers and foliage. We have also
amended § 305.31 by replacing the
words ‘‘fruits and vegetables’’ with the
word ‘‘article’’ each time they occur.
Sections 305.34, 318.13–4f, and 318.58–
4b provide administrative instructions
for irradiation treatment of certain fruits
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and vegetables from Hawaii, Puerto
Rico, and the U.S. Virgin Islands,
respectively. We have amended these
sections by replacing the words ‘‘fruits
and vegetables’’ with the word ‘‘article’’
each time they occur. Finally, we have
amended the cut flowers regulations in
§ 319.74–2 by adding a new paragraph
(d) to indicate that cut flowers may be
treated at the pest-specific irradiation
doses listed in § 305.31(a). Cut flowers
and foliage are also subject to the
packaging requirements provided in
§§ 305.31 and 305.34 of the regulations.
Irradiation may have negative effects
on the quality of cut flowers, and the
shipper and facility operator are
responsible for determining tolerance of
cut flowers to treatment. APHIS
assumes no responsibility for any loss or
damage that may result in the use of
irradiation.
Use of Irradiation To Control Pests
Two commenters objected to the use
of irradiation to treat imported fruits
and vegetables. One commenter stated
that food in the United States has been
altered so much that it has become
inferior to food in Europe. A second
commenter stated that APHIS should
not employ irradiation as a treatment
but should instead use other treatments
and procedures to prevent the
introduction of dangerous plant pests
associated with imported fruits and
vegetables. This second commenter
added that irradiation has not been
shown to be a safe, effective, or viable
means to eradicate invasive pests and
that the U.S. Department of Agriculture
should cease pursuing irradiation as a
treatment for plant pests.
We have not made any changes to the
rule in response to these comments.
Importers are free to choose other
treatments authorized by the regulations
in lieu of irradiation. The reason that
irradiation may be attractive to certain
importers, particularly those importing
fresh tropical fruits from fruit flyinfested regions, is that irradiation
allows fruits of higher quality to be
imported. Alternative heat, cold, and
fumigation treatments can cause
unacceptable phytotoxicity (damage to
the fruits). Also, these alternative
treatments often must be used on fruit
harvested before it is fully ripe. The
irradiation alternative allows importers
to sell riper, more valuable fruit, with
less damage.
In authorizing irradiation treatments,
we have considered both the efficacy
and the environmental effects of
irradiation compared to other treatments
already authorized by our regulations.
The irradiation treatments in the final
rule are effective against the listed plant
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pests. It is true that several technologies
under development may also provide
effective treatments for various plant
pests (e.g., pressure treatments,
controlled atmosphere, and laser
ultraviolet light pulses). To date, we
have not seen conclusive scientific
documentation that establishes standard
methodologies for these treatments, or
that demonstrates that these treatments
effectively control pests of concern in
fruits and vegetables subject to APHIS
regulations. APHIS is always willing to
evaluate petitions to add new treatments
to our import regulations. Petitioners
should submit a detailed description of
the methodology and standards of the
treatment to be evaluated, and should
include any scientific studies that
document the effectiveness of the
treatment and related issues (e.g.,
quality effects on treated articles).
One commenter stated that the
proposed rule could stimulate the
construction of more irradiation
facilities, some of which could use
radioactive cobalt-60 or cesium-137,
which Federal regulations permit. The
commenter stated that these facilities
will pose serious risks to the
communities where they are built.
We are not making any changes in
response to this comment. The safety of
operations of irradiation facilities is
regulated by the Nuclear Regulatory
Commission (NRC). NRC ensures that
such facilities are built and operated
according to Federal regulations. To be
licensed, the facility must have been
designed with multiple fail-safe
measures, and must establish extensive
and well-documented safety procedures
and worker training. With proper design
and operating procedures, commercial
irradiation facilities can be operated
safely and without posing any
significant radiation risk to workers or
the public.
Recommended Doses
One commenter presented two
studies 1 which demonstrated that
Mexican fruit fly (Mexfly) is more
radiotolerant than West Indian fruit fly,
but noted that we proposed an
irradiation dose of 100 Gy for West
Indian fruit fly and only 70 Gy for
Mexfly. The commenter recommended
1 Bustos, M.E., Enkerlin, W., Reyes, J., and
Toledo, J. 2004. Irradiation of mangoes as a
postharvest quarantine treatment for fruit flies
(Diptera: Tephritidae). J. Econ. Entomol. 97: 286–
292.
Hallman, G.J. and Worley, J.W. 1999. Gamma
radiation doses to prevent adult emergence from
immatures of Mexican and West Indian fruit flies
(Diptera: Tephritidae). J. Econ. Entomol. 92: 967–
973.
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lowering the dose for West Indian fruit
fly to 70 Gy.
We have reviewed the research
submitted by the commenter and agree
that the dose for West Indian fruit fly
(Anastrepha obliqua) should be lowered
to 70 Gy and have done so in this final
rule.
Two commenters stated that it was
unnecessary to list green scale in the
pest table in § 305.31 because it requires
the generic dose (400 Gy). One
commenter noted that this implied that
400 Gy was the lowest possible dose
that can control green scale. The second
commenter added that there has been no
large-scale research done on this dose,
but that preliminary research at the
University of Hawaii suggested 250 Gy
would control green scale.
We agree with these commenters and
have amended the table in § 305.31(a)
by removing the entry for Coccus viridis,
green scale.
One commenter recommended adding
a statement in the final rule that lower
irradiation doses might be sufficient for
the plant pests being added in this rule
in order to encourage more research on
minimum irradiation levels.
We are not making any changes as a
result of this comment. As stated
previously in this document, APHIS is
always willing to evaluate research that
supports new treatments or changes to
existing treatments such as lowering the
required doses for irradiation.
Petitioners should submit any scientific
studies that document the effectiveness
of the dose, and APHIS will consider
each request as it is presented.
One commenter recommended
rounding irradiation doses to the nearest
10 Gy increment because dosimeters can
vary by 1 to 2 percent in their accuracy.
The commenter added that it is difficult
during research to accurately apply
doses in less than 10 Gy increments due
to variability in the density and
consistency of the infested fruit or
vegetable.
We are not making any changes in
response to this comment. We believe
that the measures we have in place to
monitor and administer irradiation
treatment will ensure that at least the
appropriate minimum dose is
administered. When applying
irradiation treatment, several factors are
taken into account, including geometry
of the source, the dimensions of the
irradiation container, as well as the
bulk-density of the load and its
distribution. Recording of process
parameters and dosimetry is required to
ensure that the treatments applied are
within the limits established by APHIS.
Further, the available data indicate that
the doses we proposed are the lowest
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effective doses necessary to achieve
phytosanitary security; thus, rounding a
dose up to the nearest 10 Gy increment
would have the effect of requiring more
than the minimum dose and would be
contrary to our World Trade
Organization (WTO) agreements.
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Safeguards on Commodity Movement
Two commenters noted that we
should put in place safeguards, such as
sealed containers, against plant pest
spread for untreated commodities that
are moved to the mainland United
States for treatment. One of the
commenters suggested prohibiting
movement of untreated commodities
with pretreated commodities and
adding protocols for transport and
containment upon arrival.
Section 305.34 of the regulations sets
forth instructions for fruits and
vegetables shipped from Hawaii to the
mainland United States, including
safeguards for untreated commodities
being shipped to the mainland United
States for treatment. For imported fruits
and vegetables, § 305.31, paragraph
(g)(1) prohibits packaging irradiated
fruits and vegetables with nonirradiated
fruits and vegetables and paragraph
(g)(2) provides packaging provisions for
fruits and vegetables irradiated prior to
entering the United States to prevent the
entry of fruit flies. However, § 305.31
does not contain packaging provisions
for imported fruits and vegetables to be
irradiated upon arrival in the United
States. Therefore, we are amending
§ 305.31(g) in this final rule by adding
a new paragraph that requires cartons of
untreated regulated articles being
imported into the United States for
treatment to be shipped in shipping
containers sealed prior to importation
with seals that will visually indicate if
the shipping containers have been
opened. These provisions we have
added regarding imported articles
mirror those in § 305.34 for untreated
articles moved from Hawaii to the
mainland United States for treatment.
Bananas from Hawaii
One commenter stated that the
configuration of bananas on the stalk
make visual inspections an ineffective
detection method. The commenter
added that the lethal dose for banana
moth should be determined before
including this commodity in the
regulations.
We have determined that the generic
dose of 400 Gy would be sufficient for
banana moth larvae; however inspection
is necessary for pupae and adults of this
pest. Bananas may also undergo
irradiation treatment at a dose of 150 Gy
for fruit flies, which would require
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inspection for banana moth and green
scale as an additional mitigation
measure. We agree with this commenter
that the configuration of bananas on the
stalk makes visual inspection more
difficult. Therefore, we have amended
§ 318.13–4i, paragraphs (b)(1) and (b)(2),
in this final rule to specify that bananas
must be removed from the stalk during
inspection.
One commenter suggested that we
allow green bananas from Hawaii grown
under the systems approach to be
irradiated at 400 Gy if found to be
infested with green scale or to have
certain defects that would otherwise
trigger rejection upon inspection.
We agree with this commenter and
have amended § 318.13–4i in this final
rule by revising paragraph (b),
introductory text, to state that ‘‘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 with irradiation
in accordance with the following
conditions.’’
Sweetpotatoes
One commenter questioned whether
early stages of Kona coffee root-knot
nematode could be found by visual
inspection.
We have found inspection to be very
effective at detecting nematodes of all
stages.
One commenter suggested that the
regulations should provide that the
required probes be placed in the largest
roots when applying heat treatment to
sweetpotatoes.
We agree that inspectors should locate
temperature probes in the largest
potatoes when applying heat treatment.
Therefore, we have amended
§ 305.24(k)(1) in this final rule to
provide that temperature probes must be
placed in the approximate center of the
‘‘largest individual sweetpotato roots.’’
One commenter stated that recent
research 2 indicates that sweetpotato
weevil, West Indian sweetpotato weevil,
and sweetpotato vine borer can all be
neutralized with a dose of 150 Gy. The
commenter asked that we add West
Indian sweetpotato weevil and
sweetpotato vine borer with a dose of
150 Gy and that we change the dose for
sweetpotato weevil to 150 Gy.
After reviewing the research provided
by the commenter, we have amended
the table in § 305.31(a) in this final rule
by adding entries for West Indian
sweetpotato weevil and sweetpotato
2 Follett, Peter A. Irradiation for postharvest
control of Omphisa anastomosalis (Lepidoptera:
Pyralidae), Euscepes postfaciatus and Cylas
formicarius elegantulus (Coleoptera: Curculionidae)
in sweetpotatoes.
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vine borer and specifying a minimum
irradiation dose of 150 Gy for both
pests. We have also reduced the
minimum irradiation dose for
sweetpotato weevil from 165 Gy to 150
Gy.
With these changes, all but one of the
pests of concern for sweetpotatoes from
Hawaii for which irradiation is an
authorized treatment may be treated
with a minimum irradiation dose of 150
Gy. The exception is the ginger weevil
(Elytrotreinus subtruncatus), which
requires a minimum irradiation dose of
400 Gy. (The regulations also require
inspection for two other pests for which
irradiation is not an authorized
treatment, i.e., the gray pineapple
mealybug [Dysmicoccus neobrevipes]
and the Kona coffee-root knot nematode
[Meloidogyne konaensis]). In the
proposed rule, we proposed to add a
vapor heat treatment option for
sweetpotato from Hawaii that included
provisions for the sampling, cutting, and
inspection of sweetpotatoes for the
ginger weevil, and we are adopting
those proposed provisions in this final
rule (see § 318.13–4d in the regulatory
text at the end of this document). To
harmonize the irradiation treatment
provisions for sweetpotatoes from
Hawaii with those new vapor heat
provisions, we have amended the
regulations in § 305.34 in this final rule
to offer two irradiation treatment
options: The existing 400 Gy dose or a
150 Gy dose supplemented by sampling,
cutting, and inspection for the ginger
weevil, with the sampling, cutting, and
inspection requirements being the same
as those found in the vapor heat
provisions in § 318.13–4d. The
inspection requirements for the gray
pineapple mealybug and the Kona rootknot nematode will continue to apply to
sweetpotatoes treated at both the 400 Gy
and 150 Gy dose. To effect this change,
we have amended § 305.34(b)(7)(i) and
(ii) in this final rule to reflect the new
inspection requirement for ginger
weevil if sweetpotatoes are to be
irradiated at 150 Gy; a new footnote in
the entry for sweetpotato in the table in
paragraph (a)(1) of that section directs
the reader to § 305.34(b)(7)(i) and (ii).
Because litchi from Hawaii is also
subject to additional inspection
requirements in § 305.34(b)(7), the entry
for litchi in the table has also been
annotated with a reference to that
footnote.
Pineapples From Hawaii
One commenter asked that we delete
the reference to ‘‘other than smooth
Cayenne’’ in the entry for pineapples in
§ 305.34, paragraph (a)(1). The
commenter noted that this would allow
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all varieties of pineapple to be treated
by irradiation for plant pests in
accordance with § 305.31(a) and
§ 305.34(a)(2).
The commenter is correct. We
mistakenly included the reference to
‘‘other than smooth Cayenne’’ when in
fact, all varieties of pineapple are
eligible for irradiation. We have
amended the entries for pineapple in
§ 305.34(a)(1) and § 318.13–4f by
removing the words ‘‘(other than
smooth Cayenne).’’
General Comments
In the supplementary information of
our proposed rule, we stated that mites
are not arthropod plant pests. Two
commenters noted that mites are
arthropod plant pests and that we
should not use the term ‘‘arthropod.’’
We agree with the commenters have
amended the last row in the table in
§ 305.31 by changing the words
‘‘phylum Arthropoda’’ to ‘‘class
Insecta.’’
One commenter suggested that we
should explain to inspectors what they
can expect to find with properly
irradiated commodities (e.g., live fruit
flies and perhaps eggs, but no further
development from either).
Customs and Border Protection and
APHIS inspectors are trained as to what
they might specifically find in
commodities treated by irradiation and
have been inspecting irradiated fruit
moved interstate for more than a
decade. Therefore, it is unnecessary to
include such information in this final
rule.
One commenter suggested that we
include a provision to prohibit
irradiation of low-oxygen-stored
produce until research on the
effectiveness of irradiation on such
produce can be completed. The
commenter stated that a recent study
showed that four pests showed an
increase in radiotolerance when stored
in such conditions.
We have no evidence to either
support or refute the commenter’s
concern with the response of pests in
low-oxygen-stored produce to
irradiation, but agree that irradiation
should be only applied to articles that
have been stored under certain
conditions. Because these conditions
may vary based on the specific
commodity, pest of concern, or country
of origin, we will address specific
storage conditions in the operational
work plan or the compliance agreement
with plant health officials in the areas
where commodities are produced,
packed, and treated.
One commenter stated that we
incorrectly classified the dose ranges for
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plant pests in the International Plant
Protection Convention Guidelines for
the Use of Irradiation as a Phytosanitary
Measure (ISPM Publication No. 18) as
recommended minimum dose ranges.
The commenter stated that these doses
are only estimates.
We acknowledge that we incorrectly
characterized the estimates as
recommended minimum doses. That
statement appeared in the
supplementary information of the
proposed rule, however, so there is no
need to make any changes to the
regulations in this document.
Two commenters stated that research
did not demonstrate that all fruit flies of
the family Tephritidae would be
neutralized by a dose of 150 gray.
The commenters are correct in that,
technically, all fruit flies of the family
Tephritidae were not tested, but all of
the fruit flies that were tested in this
family were neutralized by this dose.
Therefore, we consider the results from
the fruit flies we tested to be applicable
to the entire Tephritidae family.
However, we agree that it would have
been clearer to state that ‘‘we consider
all fruit flies of the family Tephritidae
to be neutralized by a dose of 150 gray.’’
In the supplementary information of
the proposed rule, we stated that
required irradiation doses were specific
to plant pests rather than to the
commodities with which they are
associated, which reflects the fact that
the effectiveness of irradiation treatment
is dependent on the dose that is
absorbed by the commodity. One
commenter considered this statement
misleading, noting that it suggests that
the radiation is absorbed by the
commodity thereby killing the insect.
The commenter added that the doses are
specific to the pest rather than
commodity because the commodity
provides limited shielding for the insect
from the ionizing radiation.
We agree with this commenter, but
because this statement appeared in the
supplementary information of the
proposed rule, there is no need to make
any changes to the regulations in this
document.
In the proposed rule, we referred to
minimum doses as ‘‘pest-specific.’’ One
commenter suggested that we use either
‘‘pest species-specific’’ or ‘‘individual
pest-specific.’’
We are not making changes in
response to this comment. We prefer the
general term ‘‘pest-specific’’ which can
apply to both individual pests or a pest
group (e.g., all fruit flies).
In the proposed rule, we stated that
fruit quality problems associated with
high irradiation doses prompted us to
examine lowering doses. One
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commenter noted that we made no
mention of any financial considerations
taken into account.
While economic benefits result from
our lowering of irradiation doses, they
are not the reason for our doing so.
Under WTO agreements, we are obliged
to base our regulations on sound
science; to ignore research that showed
lower irradiation doses to be effective
would be contrary to these agreements.
One commenter stated that the
proposed rule would open up large
parts of the United States to increased
risks of infestation. The commenter
stated that our reasoning that fruit flies
would not survive irradiation treatment
or weather conditions in many areas of
the United States was faulty. The
commenter added that while the rule
only applies to 12 species of fruit flies,
there are numerous hosts in the United
States that would be susceptible to those
fruit flies.
We agree that preventing the
introduction of exotic fruit flies into the
United States is of the utmost
importance. According to ARS, 150 Gy
will be sufficient to neutralize all fruit
flies and that doses lower than 150 gray
are sufficient to neutralize certain
species of fruit flies. We believe that
treatment of fruits, vegetables, cut
flowers, and foliage at these doses,
when properly administered, will be
sufficient to prevent the introduction of
fruit flies via commodities treated by
irradiation.
Economic Analysis
One commenter suggested that our
economic analysis should take note of
some advantages to irradiation, such as
the fact that fruit that is to be irradiated
can be allowed to ripen longer on the
tree, resulting in higher-quality fruit.
We have added a paragraph
highlighting additional advantages of
irradiation over some other treatments
to the economic analysis in this final
rule.
One commenter stated that it is naive
to assume that there are markets for
irradiated fruits and vegetables in the
United States. The commenter noted
that since the FDA legalized the
irradiation of fruits and vegetables in
1986, very few types of irradiated
produce have been sold in U.S. grocery
stores. The commenter also cited the
financial troubles of a company that
stood to benefit from irradiation as an
example of the lack of a market for
irradiated fruit in the United States.
The proposed rule and this final rule
are concerned with the phytosanitary
security of fruits and vegetables and not
their marketing. Our regulations offer
various treatment options; whether or
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not producers or distributors choose to
use irradiation when it is available is up
to them.
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Miscellaneous
Two commenters pointed out several
nonsubstantive editorial errors in the
proposed rule. We appreciate the
commenters bringing these errors to our
attention and wherever appropriate,
have made the corrections in this
document.
Other Comments
One commenter suggested that in
light of the availability of the generic
irradiation dose, we reconsider our
current pest risk analysis process and
require evidence only that the few target
pests that could not be treated
effectively with irradiation are not
present in a particular country or are not
pests of concern for a particular
commodity, rather than requiring that a
list all possible pests be considered in
the pest risk analysis.
We agree with this commenter that
the availability of the generic irradiation
dose may simplify the pest risk analysis
process for commodities from countries
where pests that can be targeted with
the generic dose exist. We expect that a
pest list would still have to assembled
in most cases, but the risk management
aspect of the risk analysis process could
be abbreviated if the risks associated
with all identified quarantine pests
could be addressed through the
application of the generic irradiation
dose. If quarantine pests that could not
be addressed using the generic dose
were identified in the pest list, then the
risk management analysis could be
limited to examining mitigation
measures for those pests alone.
The commenter also requested that
we reconsider the requirement that
every new commodity must be added to
the regulations through rulemaking
before being eligible for entry into the
United States.
While we are unable to make any
changes in this document in response to
this comment, we are currently
developing a proposed rule that would
redesign the fruits and vegetables
regulations to provide for the evaluation
and approval or denial of new import
requests in a more expeditious and
effective manner.
One commenter asked that we
postpone the comment period for the
proposed rule because a request
submitted by her organization under the
Freedom of Information Act (FOIA)
regarding another rulemaking related to
irradiation had not yet been fulfilled.
We do not believe it is necessary or
appropriate to delay this final rule
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15:14 Jan 26, 2006
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pending the resolution of commenter’s
FOIA request concerning an entirely
separate rulemaking. The APHIS FOIA
staff is working to address the request
referred to by the commenter.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the changes discussed in this
document.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. For this action,
the Office of Management and Budget
has waived its review under Executive
Order 12866.
This rule makes several amendments
to the current provisions for the use of
irradiation as a treatment for various
plant pests, allows the use of irradiation
and inspection as a treatment for
bananas moved interstate from Hawaii
as an alternative to the systems
approach currently described in the
regulations, and allows the use of a
vapor heat treatment for sweetpotatoes
moved interstate from Hawaii as an
alternative to fumigation with methyl
bromide and irradiation. The potential
economic impacts of the changes are
discussed below.
Irradiation Treatment for Fruits,
Vegetables, Cut Flowers, and Foliage
The regulations in § 305.31 set out
standards, minimum doses, and other
requirements for performing irradiation
treatments on imported fruits,
vegetables, cut flowers, and foliage and
set out minimum doses necessary to
neutralize 11 fruit flies and the mango
seed weevil. This rule adds minimum
doses for more pests and lowers the
minimum doses for others. Specifically,
this rule establishes:
• A minimum generic dose of 400 Gy
for all plant pests of the class Insecta
other than pupae and adults of the order
Lepidoptera;
• A minimum generic dose of 150 Gy
for all fruit flies of the family
Tephritidae;
• Lower minimum doses for certain
fruit flies; and
• New approved minimum doses for
10 plant pests.
This rule also allows irradiation to
serve as an alternative to other approved
treatments for additional articles moved
interstate from Hawaii, Puerto Rico, and
the U.S. Virgin Islands. Articles from
Hawaii, Puerto Rico, and the U.S. Virgin
Islands that are required to be treated by
other means for pests listed in
§ 305.31(a) prior to interstate movement
will be allowed to be moved interstate
if they are treated with irradiation at the
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
4455
doses listed in § 305.31(a) and in
accordance with the other conditions
specified in § 305.34.
Section 305.34 has only provided for
irradiation treatment of fruits and
vegetables from Hawaii; however, we
have determined that irradiation
treatment can be used effectively for
commodities from Puerto Rico and the
U.S. Virgin Islands if the safeguards in
§ 305.34 are implemented. Currently, no
irradiation facilities exist in Puerto Rico
or the U.S. Virgin Islands, and no
requests have been received to approve
the construction of such facilities.
However, this rule provides for the
option of moving the commodities
under limited permit to an irradiation
facility on the U.S. mainland for
treatment prior to entering interstate
commerce.
Economic Effects on Small Entities of
Changes in Irradiation Treatment
Provisions
The Regulatory Flexibility Act
requires that agencies specifically
consider the economic impact of their
regulations on small entities. The Small
Business Administration (SBA) has
established size criteria using the North
American Industry Classification
System (NAICS) to determine which
economic entities meet the definition of
a small firm.
Irradiation facilities affected by this
rule will belong to one of the following
two NAICS categories: (1) Firms
providing irradiation services for the
treatment of fruits and vegetables,
which would fall within NAICS
category 115114, ‘‘Postharvest Crop
Activities (except Cotton Ginning)’’; or
(2) firms providing irradiation services
for decontamination or sterilization
purposes, which would fall within
NAICS category 811219, ‘‘Medical and
surgical equipment repair and
maintenance services.’’
Most treatments of Hawaiian produce
are likely to occur at an existing
irradiation facility on the island of
Hawaii. This facility is used to treat
other fruits and vegetables for which
irradiation is an approved treatment and
can be classified under NAICS category
115114. The SBA criteria classify this
facility as a small entity, since its
annual sales are less than $6 million.
Another firm on the U.S. mainland
operates two facilities in Illinois and
one facility in New Jersey. Its primary
service is to provide irradiation
treatment for the sanitation of medical
devices on contract. This firm is
classified within NAICS category
811219. However, since it is part of a
larger corporation for which annual
receipts may exceed $6 million, this
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firm is not classified as a small entity
under the SBA criteria. Thus, at least
one firm that could be affected by this
rule is a small entity.
Irradiation facilities, whether large or
small, will benefit from this rule. The
range of commodities imported and
moved interstate for which irradiation
will be an approved treatment will
increase. At the same time, dosage
levels, and therefore operating costs,
will decrease for many commodities.
The changes to irradiation doses and
provisions allowing the use of pestspecific doses to treat commodities for
interstate movement will facilitate the
importation of fruits, vegetables, cut
flowers, and foliage and their interstate
movement from Hawaii, Puerto Rico,
and the U.S. Virgin Islands. For certain
pests for which irradiation is already an
approved treatment, required irradiation
dosages will be lowered to the
minimum level necessary. In other
instances, irradiation will be newly
allowed as an alternative phytosanitary
treatment.
This rule will result in lower costs
and increased flexibility for importers,
gains that could be expected to be at
least partly realized by U.S. consumers
through lower prices, assuming
competitive markets. For some
commodities, irradiation may also
provide quality advantages over other
treatment methods in terms of increased
shelf life. Irradiation allows fruits and
vegetables of higher quality to be
imported. Alternative heat, cold, and
fumigation treatments can cause
unacceptable damage to fruits,
vegetables, cut flowers, and foliage. At
this time, we are unsure as to the extent
of damage the use of irradiation may
cause to certain cut flowers and it is
entirely the importer’s or owner’s
responsibility to assess which treatment
should be used with each variety of cut
flowers. Also, these alternative
treatments often must be used on fruit
harvested before it is fully ripe.
Irradiation allows importers to sell
riper, more valuable fruit, with less
damage. Choice of irradiation as a
treatment alternative would rest upon
its expected net returns relative to other
treatment methods.
Because these changes will have the
potential to affect the importation or
interstate movement of a wide range of
commodities, it is difficult to predict
exactly what economic effects these
changes will have. However, while
affected irradiation firms, large and
small, are expected to benefit, we do not
expect the impacts to be significant.
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Irradiation and Inspection for Bananas
Moved Interstate from Hawaii
The regulations in § 318.13–4i have
provided that green bananas (Musa spp.)
of the cultivars ‘‘Williams,’’ ‘‘Valery,’’
‘‘Grand Nain,’’ and standard dwarf
‘‘Brazilian’’ may be moved interstate
from Hawaii under a systems approach.
At this time, only green bananas of these
specified cultivars have been eligible for
interstate movement under those
provisions.
We are adding two combinations of
irradiation and inspection as treatments
for bananas from Hawaii. Specifically,
bananas, regardless of cultivar or
ripeness, from Hawaii will be eligible
for interstate movement if they have
been inspected in Hawaii for adults and
pupal stages of the banana moth
Opogona sacchari (Bojen), and have
undergone irradiation treatment with a
minimum dose of 400 gray at an
approved facility. Bananas from Hawaii
will also be eligible for interstate
movement if they have been inspected
in Hawaii for the banana moth and the
green scale, Coccus viridis (Green), and
have undergone irradiation treatment
with a minimum dose of 150 gray at an
approved facility.
Cost of Irradiation Treatment
The cost of irradiation is estimated at
15 cents per pound.3 We expect that
most bananas moved interstate from
Hawaii under this approach will be
treated at the existing commercial
irradiation facility on the island of
Hawaii. However, the treatment could
be performed at the irradiation facilities
on the mainland United States as well.
Cost of APHIS Inspection
Monitoring of quarantine treatments
conducted during standard business
hours (weekdays between 8 a.m. and
4:30 p.m.) on the island of Hawaii
comes at no cost to the facility. APHIS
charges for the monitoring of treatments
conducted before 8 a.m. and after 4:30
p.m. and on weekends at a time-and-ahalf rate.
Benefits
The combination of irradiation
treatment and inspection will offer an
alternative to the systems approach for
green fruit of the specified four banana
cultivars, and will allow fruit of any
ripeness or cultivar to be moved
interstate from Hawaii. The approach
described in this rule can be used to
mitigate the pest risk associated with all
Hawaiian bananas, regardless of cultivar
or ripeness. This will allow banana
producers and parties moving bananas
3 Source:
PO 00000
Hawaii Department of Agriculture.
Frm 00006
Fmt 4700
Sfmt 4700
interstate greater flexibility in
operations, more choices with regard to
the types of bananas moved interstate, a
greater volume of bananas to ship, and
less risk of facing rejections during
inspection under the systems approach
and Banana Compliance Agreement.
Growers have been reluctant to ship
bananas to U.S. mainland markets under
the systems approach because § 318.13–
4i(c) of the regulations has required that
bananas to be moved interstate be
inspected by an inspector and found
free of the following defects:
Prematurely ripe fingers, fused fingers,
or exposed flesh (not including fresh
cuts made during the packing process).
Bananas moved interstate from Hawaii
under this systems approach are
required to be free of these defects
because they are conducive to fruit fly
infestation. However, growers are
concerned about the risk of having
whole shipments of fruit prohibited
from interstate movement as a result of
a single fault detected when bananas in
a random selection of boxes are
inspected. No commercial container
shipments of bananas have been made
to U.S. mainland markets under the
regulations in effect prior to this rule.
Since the irradiation treatment options
provided by this rule are sufficient to
neutralize fruit flies and other pests of
concern, irradiation will provide the
Hawaiian banana industry with an
alternative treatment for interstate
movement and could open new
marketing opportunities.
U.S. consumers will benefit from an
increased supply of bananas. Growers in
Hawaii believe that the U.S. mainland
demand for bananas from Hawaii may
be equivalent to (if not higher than) the
existing demand for Hawaiian papaya.
Hawaiian growers moved approximately
12 million pounds of papayas to U.S.
mainland markets in 2003.4 Demand
may be especially high for the apple
banana variety, which has a higher
sugar content and more aromatic flavor
than the standard commercial banana
varieties currently available in U.S.
mainland markets. Consumers will
benefit from the availability of this
specialty product.
Hawaii accounts for almost all U.S.
banana production.5 In 2002, there were
677 banana farms in Hawaii,6 and the
value of sales amounted to $ 8.6
4 Source:
Hawaii Department of Agriculture.
Census of Agriculture (2002) reports
minimal acreage in California, Florida, and Texas,
which together account for only 131 acres.
6 National Agricultural Statistics Service, 2002
Census of Agriculture.
5 The
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million.7 Table 1 summarizes
production information for bananas and
papayas in Hawaii. The utilized
4457
production of bananas amounted to 19.5
million pounds in 2002.
TABLE 1.—PRODUCTION STATISTICS FOR BANANAS AND PAPAYAS IN HAWAII (2002)
Item
Bananas
Papayas
Bearing acreage (acres) ..........................................................................
Utilized production (1,000 pounds) .........................................................
Price (per pound) ....................................................................................
Value of utilized production .....................................................................
Movement to mainland U.S. markets (1,000 pounds) ............................
1,300 ..............................................
19,500 ............................................
$0.430 ............................................
$8.385 million ................................
None ..............................................
1,720.
45,900.
$0.260.
$11.924 million.
12,000.
Sources: Hawaii Department of Agriculture (movement statistics) and National Agricultural Statistics Service.
The United States imported 7,883
million pounds (3,576 million kg) of
fresh bananas in 2003, valued at $959
million.8 Ecuador, Costa Rica,
Guatemala, Colombia, and Honduras
accounted for 97 percent of the quantity
of imports (table 2). Compared to the
7,883 million pounds of bananas
currently imported, Hawaii’s total
production of 20 million pounds is
extremely small, and it is not likely that
100 percent of the State’s production
will be moved to the mainland United
States. Thus, as long as phytosanitary
mitigation by means of the approved
treatments is maintained, the interstate
movement of bananas from Hawaii is
unlikely to significantly affect current
U.S. trade in fresh bananas.
TABLE 2.—QUANTITY AND VALUE OF
FRESH BANANAS IMPORTED INTO
THE UNITED STATES FROM THE FIVE
MAJOR
EXPORTING
COUNTRIES
(2003)
Quantity
(million kg)
Value
(million U.S.
dollars)
Ecuador ............
Costa Rica ........
Guatemala ........
Colombia ...........
Honduras ..........
902
901
868
429
388
237.8
247.5
229.1
117.7
100.4
Total imports .......
3,576
959.3
Country
Source: World Trade Atlas (2003).
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Economic Effects on Small Entities of
Irradiation and Inspection Provisions
for Bananas
Most treatments of Hawaiian bananas
are likely to occur at the existing
irradiation facility on the island of
Hawaii, which, as noted previously, is
considered a small entity.
Banana farming is classified under
NAICS category 111339 as ‘‘Other
7 From https://www.nass.usda.gov/hi/fruit/
annban.htm. Sales of Hawaiian bananas in 2003
were valued at $9.225 million.
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Noncitrus Fruit Farming.’’ The SBA
considers entities in this category to be
small if their average annual receipts are
less than $750,000. The 677 banana
farms in Hawaii accounted for annual
sales of $8.6 million in total in 2002.
Therefore, it is likely that most
Hawaiian banana farms will be
classified as small entities under the
SBA criteria. The treatment monitoring
program will be mainly operated by
APHIS personnel, and no impact is
anticipated on other small entities or
government agencies.
Vapor Heat Treatment for
Sweetpotatoes Moved Interstate From
Hawaii
We are allowing vapor heat treatment,
combined with tuber cutting and visual
inspection, to be used as a treatment for
sweetpotatoes moved interstate from
Hawaii. We believe this treatment will
be an effective alternative to the methyl
bromide and irradiation treatments
currently prescribed by the regulations
to control pests of concern.
Cost of Vapor Heat Treatment
Hawaii has three packing plants on
the Island of Hawaii that provide vapor
heat treatment services. No other vapor
heat treatment plants are currently in
operation elsewhere in the State. Since
APHIS has yet to certify a facility for the
treatment of sweetpotato by vapor heat,
the costs of treating this crop
specifically cannot be determined with
certainty at this time. However, one of
the packinghouses estimated that vapor
heat treatment costs could amount to 2
to 3 cents per pound for the required
treatment protocol. This estimate
considered the costs of labor, electricity,
water, and sewer service. APHIS has
traditionally certified vapor heat
treatment chambers (for example, for
papaya) in the ‘‘fully loaded
configuration.’’ The costs of treating
sweetpotato in smaller batch loads still
8 World
PO 00000
have to be determined. This estimate of
treatment cost also does not include a
markup for the facility. The markup will
be determined by the number of plants
providing service and the demand for
service.
Cost of APHIS Inspection for Vapor
Heat Treatment or Irradiation
Monitoring of quarantine treatments
conducted during standard business
hours (weekdays between 8 a.m. and
4:30 p.m.) on the island of Hawaii
comes at no cost to the facility. APHIS
charges for the monitoring of treatments
conducted before 8 a.m. and after 4:30
p.m. and on weekends at a time-and-ahalf rate.
Comparison of Vapor Heat Treatment,
Irradiation, and Methyl Bromide
Vapor heat treatment will provide the
Hawaiian sweetpotato industry with an
alternative treatment to irradiation or
methyl bromide fumigation. If vapor
heat treatment can be performed at 2 to
3 cents per pound, it will constitute the
most cost-effective treatment, compared
to irradiation at 15 cents per pound and
fumigation costs ranging from 40.6 cents
per pound for 1 pallet to 6.7 cents per
pound for 12 pallets (table 3). (These are
treatment costs only and do not include
the costs of APHIS monitoring or
inspection activities or inter-island
transportation costs necessary to
perform treatments.)
TABLE 3.—ESTIMATED PER-UNIT COST
OF VAPOR HEAT TREATMENT, IRRADIATION, AND METHYL BROMIDE FUMIGATION
Treatment
Vapor heat treatment ..................
Irradiation ....................................
Trade Atlas, 2003.
Frm 00007
Fmt 4700
Sfmt 4700
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27JAR1
Per unit
cost
(cents per
pound)
2–3
15
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Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations
TABLE 3.—ESTIMATED PER-UNIT COST
OF VAPOR HEAT TREATMENT, IRRADIATION, AND METHYL BROMIDE FUMIGATION—Continued
TABLE
FOR
4.—PRODUCTION STATISTICS
HAWAIIAN SWEETPOTATOES
(2001)
Item
Per unit
cost
(cents per
pound)
Treatment
fumigation: 1
Methyl bromide
One pallet ................................
Two pallets ..............................
Three pallets ...........................
Four pallets .............................
Five pallets ..............................
Six pallets ................................
Nine pallets .............................
Twelve pallets .........................
40.6
20.3
13.5
10.1
8.1
6.7
7.6
6.9
1 One pallet contains 1,500 pounds of
sweetpotatoes.
Sources: Packinghouse estimate (vapor
heat treatment); Hawaii Department of Agriculture (irradiation and methyl bromide
fumigation).
The availability of vapor heat
treatment thus provides the Hawaiian
sweetpotato industry with an alternative
treatment option at a competitive cost.
Furthermore, the vapor heat treatment
plants in Hawaii will benefit if
sweetpotatoes are included in the list of
agricultural products to be treated. The
availability of vapor heat treatment as
an alternative to fumigation might
become increasingly important in view
of the global phaseout of methyl
bromide under the Montreal Protocol.
Irradiation may have positive effects on
the quality and shelf life of the tubers,
and allows flexibility since both small
and large product lots can be staged for
treatment to meet specific market
demands. Vapor heat treatment is not
known to offer quality or shelf-life
benefits to the product, but some
consumers may prefer this option above
irradiation, especially in Japan, Canada,
and Europe.
Impact on U.S. Sweetpotato Production
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Commercial sweetpotato production
in Hawaii occurs on the islands of
Hawaii, Kauai, Maui, and Oahu. In
2002, there were 59 sweetpotato farms,9
and the value of sales was $989,000.10
The utilized production of
sweetpotatoes in Hawaii was 1.8 million
pounds in 2001 (table 4). The crop is in
year-round production in Hawaii.
9 National Agricultural Statistics Service, 2002
Census of Agriculture.
10 From https://www.nass.usda.gov/hi/vegetble/
annveg.htm.
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15:14 Jan 26, 2006
Jkt 208001
Amount
Harvested acres .......................
Yield per acre (1,000 pounds) ..
Production (1,000 pounds) .......
Farm price (cents per pound) 1
220
8.2
1,800
50
1 The 2001 farm price for sweetpotato was
47.3 cents per pound in Hawaii, Honolulu, and
the Kauai Counties, and 60 cents per pound in
the Maui County (Hawaiian Department of Agriculture).
Source:
Hawaii
Agricultural
Statistics
Service.
In the mainland United States,
sweetpotato is grown commercially in
Alabama, California, Georgia, Louisiana,
Mississippi, New Jersey, North Carolina,
South Carolina, Texas, and Virginia.
North Carolina, Louisiana, Mississippi,
and California account for the major
proportion of production area by State
(table 5). In total, the United States
produced 1,355 million pounds of
sweetpotatoes from 93,500 acres in 2003
(table 6). The Hawaiian sweetpotato
production of 1.8 million pounds thus
comprises a minor proportion of the
total production of 1,355 million
pounds in the United States.
TABLE 5.—ACRES OF
SWEETPOTATOES PLANTED IN THE
UNITED STATES (2003)
Acres
planted
State
North Carolina ..........................
Louisiana ..................................
Mississippi ................................
California ...................................
Texas ........................................
Alabama ....................................
Others 1 .....................................
42,000
18,000
14,000
10,100
3,400
2,900
3,100
Total ...................................
93,500
1 Including
Source:
USDA.
Hawaii.
Economic
Research
Service,
TABLE 6.—PRODUCTION AND UTILIZATION
STATISTICS
FOR
SWEETPOTATOES IN THE UNITED
STATES (2003) 1
Item
Amount
Acres planted ..........................
Three-year average yield (cwt/
acre) ....................................
Production (million pounds) ....
Imports (million pounds) .........
Exports (million pounds) .........
Total utilization (million
pounds) 2 .............................
Per capita use (pounds) .........
93,500
PO 00000
Frm 00008
Fmt 4700
TABLE 6.—PRODUCTION AND UTILIZATION
STATISTICS
FOR
SWEETPOTATOES IN THE UNITED
STATES (2003) 1—Continued
Sfmt 4700
150
1,355
17.0
53.0
1,148.3
3.9
Item
Three-year average per capita
use (pounds) .......................
Current dollars ($/cwt) ............
Constant 1996 dollars ($/cwt)
Amount
4.0
15.75
13.91
1 Estimates are for the total United States,
and therefore include Hawaii. Forecasted estimates are shown.
2 Total
utilization includes 103 million
pounds used for seed and 67.8 million pounds
accruing to feed use, shrink, and loss.
Source: Economic Research Service, United
States Department of Agriculture. Acres were
obtained from Lucier, G. ‘‘Sweet potatoes—
getting to the root of demand.’’ Economic Research Service, USDA, 2002.
The Hawaiian sweetpotatoes intended
for the U.S. mainland markets are of a
special purple flesh variety, and they
are therefore shipped to the mainland as
a specialty product intended for niche
markets. U.S. mainland consumers
could, therefore, benefit from an
increased supply of these specialty
sweetpotatoes.
Interstate movement provides
Hawaiian growers and shippers with
increased marketing opportunities.
Sweetpotatoes are in year-round
production in Hawaii, but some
seasonal variation in volume is
expected. Out-shipment to U.S.
mainland markets is estimated at 50,000
to 60,000 pounds per week. New
plantings of the crop have increased on
the island of Hawaii since irradiation
was approved as an alternative to
methyl bromide fumigation in June
2003. However, plantings are likely to
increase each year if the market demand
increases for Hawaiian sweetpotatoes
regardless of whether the product is
treated by methyl bromide fumigation,
irradiation, or vapor heat treatment.
Nevertheless, even if sweetpotato
production increases in Hawaii, the
relative volume of production (1.8
million pounds) remains extremely
small in comparison to the volume of
U.S. mainland sweetpotato production
(1.36 billion pounds).
Thus, since Hawaiian production is so
small in comparison to U.S. mainland
production, and as long as
phytosanitary mitigation by the
approved treatments is maintained,
sweetpotato shipments from Hawaii are
unlikely to affect mainland producers.
Consumers will benefit from the
availability of the purple-fleshed
specialty sweetpotato product, and the
Hawaiian sweetpotato industry will gain
opportunities to expand its mainland
U.S. markets.
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Vapor Heat Treatment of Sweetpotatoes
Moved Interstate From Hawaii
The availability of vapor heat
treatment at a competitive cost could
divert some sweetpotatoes moved
interstate from Hawaii from the existing
irradiation facility in Hawaii to a vapor
heat treatment facility. This will affect
the existing irradiation facility in
Hawaii, which is a small entity.
However, it is not known at this time
what proportion of Hawaiian
sweetpotatoes moved interstate will be
treated with vapor heat instead of
irradiation.
On the other hand, vapor heat
treatment facilities could benefit by the
addition of vapor heat as an approved
treatment for sweetpotatoes moved
interstate from Hawaii. However, since
facilities for the vapor heat treatment of
Hawaiian sweetpotatoes have not been
certified yet, the businesses cannot be
conclusively categorized into small or
large entities at this time.
Sweetpotato farming is classified
under NAICS category 111219, ‘‘Other
Vegetables (except Potato) and Melon
Farming.’’ According to the SBA’s
criteria, an entity involved in crop
production is considered small if it has
average annual receipts of less than
$750,000. The 59 sweetpotato farms in
Hawaii accounted for annual sales of
$989,000 in total in 2002. Therefore, it
is likely that most of these farms would
be considered small entities according
to the SBA criteria. The monitoring and
inspection program will be mainly
operated by APHIS personnel, and no
impact is anticipated on other small
entities and government agencies.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
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.)
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Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts
all State and local laws and regulations
that are inconsistent with this rule; (2)
has no retroactive effect; and (3) does
not require administrative proceedings
before parties may file suit in court
challenging this rule.
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Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
(OMB) under OMB control number
0579–0281.
Government Paperwork Elimination
Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the Government
Paperwork Elimination Act (GPEA),
which requires Government agencies in
general to provide the public the option
of submitting information or transacting
business electronically to the maximum
extent possible. For information
pertinent to GPEA compliance related to
this rule, please contact Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 734–7477.
List of Subjects
7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
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.
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
I Accordingly, we are amending 7 CFR
parts 301, 305, 318, and 319 as follows:
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75–15 also issued under Sec.
204, Title II, Pub. L. 106–113, 113 Stat.
1501A–293; sections 301.75–15 and 301.75–
16 also issued under Sec. 203, Title II, Pub.
L. 106–224, 114 Stat. 400 (7 U.S.C. 1421
note).
I 2. In § 301.64–10, paragraph (g)
introductory text and the OMB control
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4459
number citation at the end of the section
are revised to read as follows:
§ 301.64–10
Treatments.
*
*
*
*
*
(g) Approved irradiation treatment.
Irradiation, carried out in accordance
with the provisions of part 305 of this
chapter, is approved as a treatment for
any fruit listed as a regulated article in
§ 301.64–2(a).
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 0579–0088)
I 3. In § 301.78–10, paragraph (c)
introductory text is revised to read as
follows:
§ 301.78–10
Treatments.
*
*
*
*
*
(c) Approved irradiation treatment.
Irradiation, carried out in accordance
with the provisions of part 305 of this
chapter, is approved as a treatment for
any berry, fruit, nut, or vegetable listed
as a regulated article in § 301.78–2(a) of
this subpart.
*
*
*
*
*
PART 305—PHYTOSANITARY
TREATMENTS
4. The authority citation for part 305
continues to read as follows:
I
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.
5. Section 305.2 is amended as
follows:
I a. By revising paragraph (h)(1) to read
as set forth below.
I b. In the table in paragraph (h)(2)(ii),
under Hawaii, by adding a new entry, in
alphabetical order, for ‘‘Banana’’ to read
as set forth below.
I c. In the table in paragraph (h)(2)(ii),
under Hawaii, by removing the entry for
‘‘Sweet potato’’ and adding in its place
a new entry for ‘‘Sweetpotato’’ to read
as set forth below.
I
§ 305.2
Approved treatments.
*
*
*
*
*
(h) Fruits and vegetables. (1)
Treatment of fruits and vegetables from
foreign localities by irradiation in
accordance with § 305.31 may be
substituted for other approved
treatments for any of the pests listed in
§ 305.31(a). Treatment of fruits and
vegetables from Hawaii, Puerto Rico,
and the U.S. Virgin Islands by
irradiation at the minimum doses listed
in § 305.31(a) and in accordance with
§ 305.34 may be substituted for other
approved treatments for any of the pests
listed in § 305.31(a).
(2) * * *
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(ii) * * *
Location
Commodity
*
*
Pest
*
*
Treatment schedule
*
*
*
*
*
Hawaii
*
*
*
Banana ..........................
*
*
Sweetpotato ...................
*
*
*
*
Bactrocera curcurbitae, Bactrocera
Ceratitis capitata, Coccus viridis.
*
*
Euscepes postfasciatus, Omphisa anastomosalis,
Elytrotreinus or subtruncatus.
*
*
*
*
*
*
*
6. In § 305.24, a new paragraph (k) is
added to read as follows:
I
§ 305.24
Vapor heat treatment schedules.
*
*
*
*
*
(k) Vapor heat treatment for
sweetpotatoes moved interstate from
Hawaii. (1) Temperature probes must be
placed in the approximate center of the
largest individual sweetpotato roots.
(2) The air surrounding the
sweetpotato roots must be heated. After
the temperature of the air surrounding
the sweetpotato roots reaches 87.8 °F
(31 °C), its temperature must be
incrementally raised from 87.8 °F (31
°C) to 111.2 °F (44 °C) over a period of
240 minutes.
(3) Using saturated water vapor at
118.4 °F (48 °C), the core temperature of
the individual sweetpotato roots must
be raised to 116.6 °F (47 °C).
*
dorsalis,
IR.
*
*
MB T101–b–3–1 or § 305.24(k) or IR.
*
(4) After the core temperature of the
sweetpotato roots reaches 116.6 °F (47
°C), the core temperature must then be
held at 116.6 °F (47 °C) or higher for 190
minutes.
I 7. Section 305.31 is amended as
follows:
I a. By revising the section heading to
read as set forth below.
I b. By revising paragraph (a), including
the table, to read as set forth below.
I c. By redesignating paragraph (g)(2) as
paragraph (g)(3) and adding a new
paragraph (g)(2) to read as set forth
below.
I d. In paragraphs (b), (e)(1), (e)(2),
(f)(1)(i), (f)(1)(ii), (f)(1)(iii), (g)
introductory text, (g)(1), and (n), and in
newly redesignated paragraphs (g)(3)
introductory text, (g)(3)(i) introductory
text, and (g)(3)(ii) introductory text, by
removing the words ‘‘fruits and
vegetables’’ each time they appear and
*
*
adding the word ‘‘articles’’ in their
place.
I e. In newly designated paragraph
(g)(3)(i)(A), footnote 3, and in paragraph
(l), by removing the words ‘‘Inspection
and’’ and adding the words ‘‘Science
and’’ in their place and by removing the
words ‘‘1017 Main Campus Drive, suite
2500’’ and adding the words ‘‘1730
Varsity Drive, Suite 400’’ in their place.
The revisions and additions read as
follows:
§ 305.31 Irradiation treatment of imported
regulated articles for certain plant pests.
(a) Approved doses. Irradiation at the
following doses for the specified plant
pests, carried out in accordance with the
provisions of this section, is approved
as a treatment for all regulated articles
(i.e., fruits, vegetables, cut flowers, and
foliage):
IRRADIATION FOR CERTAIN PLANT PESTS IN IMPORTED REGULATED ARTICLES1
Scientific name
Common name
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Anastrepha ludens ........................................................................ Mexican fruit fly ............................................................................
Anastrepha obliqua ....................................................................... West Indian fruit fly ......................................................................
Anastrepha serpentina .................................................................. Sapote fruit fly ..............................................................................
Anastrepha suspensa ................................................................... Caribbean fruit fly ........................................................................
Bactrocera jarvisi ........................................................................... Jarvis fruit fly ................................................................................
Bactrocera tryoni ........................................................................... Queensland fruit fly ......................................................................
Brevipalpus chilensis ..................................................................... False red spider mite ...................................................................
Conotrachelus nenuphar ............................................................... Plum curculio ...............................................................................
Croptophlebia ombrodelta ............................................................. Litchi fruit moth ............................................................................
Cryptophlebia illepida .................................................................... Koa seedworm .............................................................................
Cylas formicarius elegantulus ....................................................... Sweetpotato weevil ......................................................................
Cydia pomonella ........................................................................... Codling moth ................................................................................
Euscepes postfasciatus ................................................................ West Indian sweetpotato weevil ..................................................
Grapholita molesta ........................................................................ Oriental fruit moth ........................................................................
Omphisa anastomosalis ................................................................ Sweetpotato vine borer ................................................................
Rhagoletis pomonella .................................................................... Apple maggot ...............................................................................
Sternochetus mangiferae (Fabricus) ............................................. Mango seed weevil ......................................................................
Fruit flies of the family Tephritidae not listed above ...............................................................................................................................
Plant pests of the class Insecta not listed above, except pupae and adults of the order Lepidoptera .................................................
1 There
*
Dose (gray)
70
70
100
70
100
100
300
92
250
250
150
200
150
200
150
60
300
150
400
is a possibility that some cut flowers could be damaged by such irradiation. See paragraph (n) of this section.
*
*
(g) * * *
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*
*
15:14 Jan 26, 2006
(2) For all articles to be irradiated
upon arrival in the United States, the
articles must be packed in cartons that
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have no openings that will allow the
entry of fruit flies and that are sealed
with seals that will visually indicate if
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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.
*
*
*
*
*
§ 305.32
[Amended]
8. Section 305.32 is amended as
follows:
I a. In paragraphs (a)(1) and (d), by
removing the words ‘‘a minimum
absorbed ionizing radiation dose of 150
Gray (15 krad)’’ and adding the words
‘‘the approved dose for Mexican fruit fly
listed in § 305.31(a)’’ in their place.
I b. In paragraph (e)(2), by removing the
words ‘‘150 Gray (15 krad)’’ and adding
the words ‘‘the approved dose for
Mexican fruit fly listed in § 305.31(a)’’
in their place.
I c. In paragraph (g), by removing the
words ‘‘Oxford Plant Protection Center,
901 Hillsboro St., Oxford, NC 27565’’
and adding the words ‘‘Center for Plant
Health Science and Technology, 1730
Varsity Drive, Suite 400, Raleigh, NC
27606’’ in their place.
I
§ 305.33
e. In paragraph (b)(7)(i), by adding two
new sentences after the last sentence to
read as set forth below.
I f. In paragraph (b)(7)(ii), by adding
two new sentences after the last
sentence to read as set forth below.
I g. In paragraph (c), by removing the
words ‘‘1017 Main Campus Drive, suite
2500’’ and adding the words ‘‘1730
Varsity Drive, Suite 400’’ in their place.
I h. By revising the OMB control
number citation at the end of the section
to read as set forth below.
The revisions and additions read as
follows:
I
§ 305.34 Irradiation treatment of certain
regulated articles from Hawaii, Puerto Rico,
and the U.S. Virgin Islands.
(a) Approved irradiation treatment.
(1) Commodity-specific doses.
Irradiation, carried out in accordance
with the provisions of this section, is
approved as a treatment for the
following fruits and vegetables from
Hawaii at the specified dose levels:
IRRADIATION FOR PLANT PESTS IN
HAWAIIAN FRUITS AND VEGETABLES
[Amended]
9. Section 305.33 is amended as
follows:
I a. In paragraphs (a)(1) and (d), by
removing the words ‘‘a minimum
absorbed ionizing radiation dose of 225
Gray (22.5 krad)’’ and adding the words
‘‘the approved dose for Mediterranean
fruit fly listed in § 305.31(a)’’ in their
place.
I b. In paragraph (e)(2), by removing the
words ‘‘225 gray (22.5 krad)’’ and
adding the words ‘‘the approved dose
for Mediterranean fruit fly listed in
§ 305.31(a)’’ in their place.
I c. In paragraph (g), by removing the
words ‘‘Oxford Plant Protection Center,
901 Hillsboro St., Oxford, NC 27565’’
and adding the words ‘‘Center for Plant
Health Science and Technology, 1730
Varsity Drive, Suite 400, Raleigh, NC
27606’’ in their place.
I 10. Section 305.34 is amended as
follows:
I a. By revising the section heading to
read as set forth below.
I b. By revising paragraph (a), including
the table, to read as set forth below.
I c. In paragraphs (b) introductory text,
(b)(1), (b)(2)(ii), and (b)(4), by adding the
words ‘‘, Puerto Rico, or the U.S. Virgin
Islands’’ after the word ‘‘Hawaii’’ each
time it occurs.
I d. In paragraphs (b) introductory text,
(b)(1), (b)(2)(i), (b)(2)(ii), (b)(4)(i),
(b)(4)(ii), (b)(5), (b)(7)(i), (b)(7)(ii), and
(e), by removing the words ‘‘fruits and
vegetables’’ each time they appear and
by adding the word ‘‘articles’’ in their
place.
Commodity
Dose (gray)
Abiu ...........................................
Atemoya ....................................
Bell pepper ...............................
Carambola ................................
Eggplant ....................................
Litchi1 ........................................
Longan ......................................
Mango .......................................
Papaya ......................................
Pineapple ..................................
Rambutan .................................
Sapodilla ...................................
Italian squash ...........................
Sweetpotato1 ............................
Tomato ......................................
150
150
150
150
150
150
150
300
150
150
150
150
150
400 or 150
150
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I
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(2) Pest-specific doses. Any articles
from Puerto Rico or the U.S. Virgin
Islands, as well as any articles from
Hawaii not listed in paragraph (a)(1) of
this section, that are required by part
318 of this chapter to be treated or
subjected to inspection to control one or
more of the plant pests listed in
§ 305.31(a) may instead be treated with
irradiation. Articles treated with
irradiation for plant pests listed in
§ 305.31(a) must be irradiated at the
doses listed in § 305.31(a), and the
irradiation treatment must be conducted
in accordance with the other
requirements of this section.
*
*
*
*
*
(b) * * *
(7) * * *
1 Litchi and sweetpotato are also subject to the
additional inspection requirements in paragraph
(b)(7) of this section.
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(i) * * * In addition, sweetpotato
from Hawaii to be treated with
irradiation at a dose of 150 Gy must be
sampled, cut, and inspected in Hawaii
and found to be free of the ginger weevil
(Elytrotreinus subtruncatus) by an
inspector before undergoing irradiation
treatment in Hawaii. Sampling, cutting,
and inspection must be performed
under conditions that will prevent any
pests that may emerge from the sampled
sweetpotatoes from infesting any other
sweetpotatoes intended for interstate
movement in accordance with this
section.
(ii) * * * In addition, sweetpotato
from Hawaii to be treated with
irradiation at a dose of 150 Gy must be
sampled, cut, and inspected in Hawaii
and found to be free of the ginger weevil
(Elytrotreinus subtruncatus) by an
inspector. 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.
*
*
*
*
*
(Approved by the Office of Management and
Budget under control numbers 0579–0198
and 0579–0281)
PART 318—HAWAIIAN AND
TERRITORIAL QUARANTINE NOTICES
11. The authority citation for part 318
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
§ 318.13
[Amended]
12. In § 318.13, paragraph (c) is
amended by removing the words
‘‘leaves in full force and effect § 318.30
which restricts the movement from
Hawaii, Puerto Rico, or the Virgin
Islands of the United States into or
through any other State or certain
Territories or Districts of the United
States of all varieties of sweetpotatoes
(Ipomoea batatas Poir.). It also’’.
I 13. Section 318.13–1 is amended as
follows:
I a. In the definition of compliance
agreement, by removing the words
‘‘§ 318.13–3(b), § 318.13–4(b), or
§ 318.13–4f of this subpart’’ and adding
the words ‘‘§ 318.13(b) or § 318.13–4(b)
of this subpart or § 305.34 of this
chapter’’ in their place.
I b. By revising the definition of
inspector to read as set forth below.
I
§ 318.13–1
Definitions.
*
*
*
*
*
Inspector. Any individual authorized
by the Administrator of APHIS or the
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Commissioner of Customs and Border
Protection, Department of Homeland
Security, to enforce the regulations in
this part.
*
*
*
*
*
§ 318.13–2
[Amended]
14. In § 318.13–2, in paragraph (b), the
list of articles is amended by adding, in
alphabetical order, a new entry for
‘‘Sweetpotato (Ipomoea batatas Poir.).’’
I 15. Section 318.13–3 is amended as
follows:
I a. By revising paragraph (b)(3) to read
as set forth below.
I b. By adding a new paragraph (b)(4) to
read as set forth below.
I
§ 318.13–3
Conditions of movement.
*
*
*
*
*
(b) * * *
(3) Untreated regulated articles from
Hawaii may be moved interstate for
irradiation treatment on the mainland
United States if the provisions of
§ 305.34 of this chapter are met and if
the articles are accompanied by a
limited permit issued by an inspector in
accordance with § 318.13–4(c).
Untreated bananas from Hawaii may be
moved interstate for irradiation
treatment on the mainland United States
if the provisions of § 318.13–4i(b) are
met and if the bananas are accompanied
by a limited permit issued by an
inspector in accordance with § 318.13–
4(c). The limited permit will be issued
only if the inspector examines the
shipment and determines that the
shipment has been prepared in
compliance with the provisions of this
subpart.
(4) Untreated sweetpotatoes from
Hawaii may be moved interstate for
vapor heat treatment on the mainland
United States if the provisions of
§ 318.13–4d are met and if the
sweetpotatoes are accompanied by a
limited permit issued by an inspector in
accordance with § 318.13–4(c). The
limited permit will be issued only if the
inspector examines the shipment and
determines that the shipment has been
prepared in compliance with the
provisions of this subpart.
*
*
*
*
*
§ 318.13–4b
[Amended]
16. Section 318.13–4b is amended as
follows:
I a. By adding the words ‘‘or
vegetables’’ after the word ‘‘fruits’’ in
the following places:
i. The section heading.
ii. Paragraph (a).
iii. Paragraph (b), in the paragraph
heading and the first sentence.
iv. Paragraph (c).
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v. Paragraph (e).
vi. Paragraph (f).
I b. In paragraph (b), by removing the
words ‘‘fruit flies’’ and adding the
words ‘‘plant pests’’ in their place.
I c. In paragraph (b), by adding the
word ‘‘sweetpotatoes,’’ after the word
‘‘rambutan,’’.
I 17. A new § 318.13–4d is added to
read as follows:
§ 318.13–4d Vapor heat treatment of
sweetpotatoes from Hawaii.
(a) Vapor heat treatment, carried out
in accordance with the provisions of
this section, is approved as a treatment
for sweetpotato from Hawaii.
(b) Sweetpotatoes may be moved
interstate from Hawaii in accordance
with this section only if the following
conditions are met: 2
(1) The sweetpotatoes must be treated
in accordance with the vapor heat
treatment schedule specified in
§ 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.3
(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 Sweetpotatoes may also be moved interstate
from Hawaii in accordance with § 305.34 of this
chapter or after fumigation with methyl bromide
according to treatment schedule T–101–b–3–1, as
provided for in § 305.6(a) of this chapter.
3 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.
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(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. A certificate shall be issued
by an inspector for the movement of
sweetpotatoes from Hawaii that have
been treated and handled in Hawaii in
accordance with this section. To be
certified for interstate movement under
this section, sweetpotato from Hawaii
must be sampled, cut, and inspected by
an inspector and found by an inspector
to be free of the ginger weevil
(Elytrotreinus subtruncatus) and
inspected and found by an inspector to
be free of the gray pineapple mealybug
(Dysmicoccus neobrevipes), and the
Kona coffee-root knot nematode
(Meloidogyne konaensis) before
undergoing vapor heat treatment in
Hawaii.
(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. To be
eligible for a limited permit under this
section, untreated sweetpotato from
Hawaii must be sampled, cut, and
inspected in Hawaii by an inspector and
found by an inspector to be free of the
ginger weevil (Elytrotreinus
subtruncatus) and inspected and found
by an inspector to be free of the gray
pineapple mealybug (Dysmicoccus
neobrevipes), and the Kona coffee-root
knot nematode (Meloidogyne
konaensis).
(Approved by the Office of Management and
Budget under control number 0579–0281)
18. Section 318.13–4f is revised to
read as follows:
I
§ 318.13–4f Irradiation treatment of certain
regulated articles from Hawaii.
Irradiation, carried out in accordance
with the provisions in § 305.34 of this
chapter, is approved as a treatment for
the following fruits and vegetables:
Abiu, atemoya, bell pepper, carambola,
eggplant, litchi, longan, mango, papaya,
pineapple, rambutan, sapodilla, Italian
squash, sweetpotato, and tomato. Any
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other commodities that are required by
this subpart to be treated or subjected to
inspection to control one or more of the
plant pests listed in § 305.31(a) of this
chapter may instead be treated with
irradiation. Commodities treated with
irradiation for plant pests listed in
§ 305.31(a) must be irradiated at the
doses listed in § 305.31(a), and the
irradiation treatment must be conducted
in accordance with the other
requirements of § 305.34.
I 19. Section 318.13–4i is amended as
follows:
I a. By revising the section heading to
read as set forth below.
I b. By redesignating paragraphs (a), (b),
(c), and (d) as paragraphs (a)(1), (a)(2),
(a)(3), and (a)(4), respectively, and by
designating the introductory text of the
section as paragraph (a), introductory
text.
I c. By adding a new paragraph (b) to
read as set forth below.
§ 318.13–4i Conditions governing the
movement of bananas from Hawaii.
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*
15:14 Jan 26, 2006
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§ 318.13–5
[Amended]
20. In § 318.13–5, footnote 6 is
redesignated as footnote 4.
I
§ 318.13–12
[Amended]
I 21. In § 318.13–12, footnotes 7 and 8
are redesignated as footnotes 5 and 6,
respectively.
§ 318.13–17
*
*
*
*
(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 § 305.31(a) of
this chapter and in accordance with the
other requirements in § 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 §A305.31(a) of
this chapter and in accordance with the
other requirements in § 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)(i) A certificate shall be issued by
an inspector for the movement of
bananas from Hawaii that have been
treated and inspected in Hawaii in
accordance with this paragraph
§ 318.13–4i(b). To be certified for
interstate movement under this
VerDate Aug<31>2005
paragraph, bananas from Hawaii must
be treated, inspected, and, if necessary,
culled in accordance with the
requirements of this paragraph prior to
interstate movement from Hawaii.
(ii) A limited permit shall be issued
by an inspector for the interstate
movement of untreated bananas from
Hawaii for treatment on the mainland
United States in accordance with this
section. To be eligible for a limited
permit under this paragraph § 318.13–
4i(b), bananas from Hawaii must be
inspected in accordance with the
requirements of this paragraph prior to
interstate movement from Hawaii.
[Amended]
I 22. In § 318.13–17, footnotes 9 and 10
are redesignated as footnotes 7 and 8,
respectively.
Subpart—Sweetpotatoes [Removed]
I 23. Subpart—Sweetpotatoes,
consisting of §§ 318.30 and 318.30a, is
removed.
§ 318.58
[Amended]
24. In § 318.58, paragraph (d) is
amended by removing the words
‘‘leaves in full force and effect § 318.30
which restricts the movement from
Hawaii, Puerto Rico, or the Virgin
Islands of the United States into or
through any other State or certain
Territories or Districts of the United
States of all varieties of sweetpotatoes
(Ipomoea batatas Poir.). It also’’.
I 25. In § 318.58–1, the definition of
inspector is revised to read as follows:
I
§ 318.58–1
Definitions.
*
*
*
*
*
Inspector. 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 part.
*
*
*
*
*
§ 318.58–2
[Amended]
I 26. In § 318.58–2, in paragraph (b)(2),
the list of articles is amended by adding,
in alphabetical order, a new entry for
‘‘Sweetpotato (Ipomoea batatas Poir.).’’
I 27. A new section § 318.58–4b is
added to read as follows:
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Fmt 4700
Sfmt 4700
4463
§ 318.58–4b Irradiation treatment of
regulated articles from Puerto Rico and the
U.S. Virgin Islands.
Any regulated articles from Puerto
Rico or the U.S. Virgin Islands that are
required by this subpart to be treated or
subjected to inspection to control one or
more of the plant pests listed in
§ 305.31(a) of this chapter may instead
be treated with irradiation.
Commodities treated with irradiation for
plant pests listed in § 305.31(a) must be
irradiated at the doses listed in
§ 305.31(a), and the irradiation
treatment must be conducted in
accordance with the other requirements
of § 305.34.
I 28. A new section § 318.58–4c is
added to read as follows.
§ 318.58–4c Movement of sweetpotatoes
from Puerto Rico to certain ports.
Sweetpotatoes from Puerto Rico may
be moved interstate to Atlantic Coast
ports north of and including Baltimore,
MD, if the following conditions are met:
(a) The sweetpotatoes must be
certified by an inspector of the
Commonwealth 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
approved soil insecticide.
(2) Before planting in such treated
fields, the sweetpotato draws and vine
cuttings must have been dipped in an
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 the
Commonwealth of Puerto Rico must
certify that the sweetpotatoes have been
washed.
(c) The sweetpotatoes must be graded
by inspectors of the Commonwealth 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.).
PART 319—FOREIGN QUARANTINE
NOTICES
29. The authority citation for part 319
continues to read as follows:
I
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
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4464
§ 319.56–2
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations
[Amended]
30. In § 319.56–2, paragraph (k) is
amended by removing the words ‘‘11
species of fruit flies and one species of
seed weevil’’ and adding the words
‘‘plant pests’’ in their place.
I 31. Section 319.74–2 is amended as
follows by redesignating paragraph (d)
as paragraph (e) and by adding a new
paragraph (d) to read as follows:
I
§ 319.74–2 Conditions governing the entry
of cut flowers.
of the Federal Register as of February
27, 2006.
FOR FURTHER INFORMATION CONTACT:
Lauren Quinones-Navarro or Jerry N.
Wilson, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone (301) 415–2007 or (301)
415–3145; e-mail: lnq@nrc.gov or
jnw@nrc.gov.
SUPPLEMENTARY INFORMATION:
Done in Washington, DC, this 20th day of
January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 06–746 Filed 1–26–06; 8:45 am]
I. Background.
II. Comment Analysis
A. Design Control Document
B. Design Certification Rule
III. Section-by-Section Analysis
A. Introduction (Section I)
B. Definitions (Section II)
C. Scope and Contents (Section III)
D. Additional Requirements and
Restrictions (Section IV)
E. Applicable Regulations (Section V)
F. Issue Resolution (Section VI)
G. Duration of this Appendix (Section VII)
H. Processes for Changes and Departures
(Section VIII)
I. Inspections, Tests, Analyses, and
Acceptance Criteria (Section IX)
J. Records and Reporting (Section X)
IV. Availability of Documents
V. Voluntary Consensus Standards
VI. Finding of No Significant Environmental
Impact: Availability
VII. Paperwork Reduction Act Statement
VIII. Regulatory Analysis
IX. Regulatory Flexibility Certification
X. Backfit Analysis
XI. Congressional Review Act
BILLING CODE 3410–34–P
I. Background
*
*
*
*
*
(d) Irradiation. Cut flowers and foliage
that are required under this part to be
treated or subjected to inspection to
control one or more of the plant pests
listed in § 305.31(a) of this chapter may
instead be treated with irradiation.
Commodities treated with irradiation for
plant pests listed in § 305.31(a) must be
irradiated at the doses listed in
§ 305.31(a), and the irradiation
treatment must be conducted in
accordance with the other requirements
of § 305.34 of this chapter. There is a
possibility that some cut flowers could
be damaged by such irradiation.
*
*
*
*
*
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 52
RIN 3150–AH56
AP1000 Design Certification
Nuclear Regulatory
Commission.
ACTION: Final rule.
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AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC or Commission) is
amending its regulations to certify the
AP1000 standard plant design. This
action is necessary so that applicants or
licensees intending to construct and
operate an AP1000 design may do so by
referencing this regulation [AP1000
design certification rule (DCR)]. The
applicant for certification of the AP1000
design was Westinghouse Electric
Company, LLC (Westinghouse).
DATES: Effective Date: The effective date
of this rule is February 27, 2006. The
incorporation by reference of certain
material specified in this regulation is
approved by the Director of the Office
VerDate Aug<31>2005
15:14 Jan 26, 2006
Jkt 208001
Subpart B of 10 CFR part 52 sets forth
the process for obtaining standard
design certifications. On March 28, 2002
(67 FR 20845; April 26, 2002),
Westinghouse tendered its application
for certification of the AP1000 standard
plant design with the NRC.
Westinghouse submitted this
application in accordance with subpart
B and appendix O of 10 CFR part 52.
The NRC formally accepted the
application as a docketed application
for design certification (Docket No. 52–
006) on June 25, 2002 (67 FR 43690;
June 28, 2002). The pre-application
information submitted before the NRC
formally accepted the application can be
found in the NRC’s Agencywide
Documents Access and Management
System (ADAMS) under Docket Number
PROJ0711 (Project No. 711).
The NRC staff issued a final safety
evaluation report (FSER) for the AP1000
design in September 2004 (NUREG–
1793). The FSER provides the bases for
issuance of a final design approval
(FDA) under appendix O to part 52,
which is a prerequisite to a design
certification. The FDA for the AP1000
design was issued on September 13,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
2004, and published in the Federal
Register on September 17, 2004 (69 FR
56101). A proposed rule to certify the
AP1000 was published on April 18,
2005 (70 FR 20062).
Subsequently, Westinghouse
submitted editorial and minor technical
changes and clarifications to the
inspections, tests, analyses, and
acceptance criteria (ITAAC) in revision
15 to the design control document
(DCD). The NRC staff evaluated these
changes in a supplement to the FSER
(NUREG–1793, Supplement No. 1).
Supplement No. 1 is being made
available to the public as part of this
rulemaking. The FSER and Supplement
No. 1 provide the bases for the
Commission’s approval of the AP1000
standard plant design. An FDA, which
incorporates the changes to the DCD,
will be issued to supersede the current
FDA after issuance of this final design
certification rule.
II. Comment Analysis
The period for submitting comments
on the proposed DCR, AP1000 DCD, or
draft environmental assessment (EA)
expired on July 5, 2005. The NRC
received three letters from two private
citizens and one letter from the Nuclear
Energy Institute (NEI). The comments
addressed three categories of
information: Environmental Assessment
(EA), Design Control Document, and
Design Certification Rule. The responses
to the comments on the EA are
discussed in section 7.0 of the EA
(ML053630176). Responses to the
comments in the second and third
categories are discussed below.
A. Design Control Document (DCD)
Comment summary. There is an overreliance on passive systems in the
AP1000.
Response. The NRC disagrees with
this comment. The NRC required tests of
the new passive safety systems to
demonstrate that they will perform as
predicted in the safety analysis (see
Chapter 21 of the AP1000 FSER). The
NRC also required higher availability for
certain active backup systems to
compensate for any remaining
uncertainties in the performance of the
passive safety systems (see Chapter 22
of the AP1000 FSER). As a result of
these reviews, the NRC concluded that
the use of passive safety systems in the
AP1000 design is acceptable.
Comment Summary. The AP1000 is
an unnecessary and unsafe variation on
AP600.
Response. The NRC disagrees with the
comment. The NRC has determined that
the AP1000 design can be built and
operated safely (see AP1000 FSER). The
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Agencies
[Federal Register Volume 71, Number 18 (Friday, January 27, 2006)]
[Rules and Regulations]
[Pages 4451-4464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-746]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules
and Regulations
[[Page 4451]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 301, 305, 318, and 319
[Docket No. 03-077-2]
Treatments for Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations by revising the approved doses
for irradiation treatment of imported fruits and vegetables. This rule
will establish a new minimum generic dose of irradiation for most plant
pests of the class Insecta, establish a new minimum generic dose for
the fruit fly family, reduce the minimum dose of irradiation for some
specific fruit fly species, add 10 pests to the list of pests for which
irradiation is an approved treatment at less than the generic dose, and
provide for the use of irradiation as a treatment for cut flowers and
foliage. These actions will allow the use of irradiation to neutralize
more pests and to neutralize some pests at lower doses. Furthermore, we
are providing for the irradiation of fruits and vegetables moved
interstate from Hawaii at the pest-specific irradiation doses that are
now approved for imported fruits and vegetables. We are also providing
for the use of irradiation to treat fruits and vegetables moved
interstate from Puerto Rico and the U.S. Virgin Islands. These actions
will allow irradiation to serve as an alternative to other approved
treatments for additional commodities moved interstate from Hawaii,
Puerto Rico, and the U.S. Virgin Islands. Finally, we are adding
irradiation as a treatment for bananas from Hawaii and adding vapor-
heat treatment as an optional treatment for sweetpotatoes from Hawaii.
These actions will provide an alternative to the currently approved
treatments for those commodities while continuing to provide protection
against the spread of plant pests from Hawaii into the continental
United States.
EFFECTIVE DATE: February 27, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P.S. Gadh, Senior Risk
Manager, Commodity Import Analysis & Operations, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737-1236; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Background
The phytosanitary treatments regulations contained in 7 CFR part
305 set out standards and schedules for treatments required in 7 CFR
parts 301, 318, and 319 for fruits, vegetables, and other articles to
prevent the introduction or dissemination of plant pests or noxious
weeds into or through the United States. Within 7 CFR part 305, the
irradiation treatments subpart (Sec. Sec. 305.31 through 305.34,
referred to below as the regulations) sets out standards and minimum
doses for irradiation treatment for imported fruits and vegetables and
for regulated articles moved interstate from quarantined areas within
the United States, along with other requirements for performing
irradiation treatments.
On June 10, 2005, we published in the Federal Register (70 FR
33857-33873, Docket No. 03-077-1) a proposal to amend the regulations
by making several amendments to the irradiation treatment regulations
for imported fruits and vegetables, for fruits and vegetables moved
interstate from Hawaii, Puerto Rico, and the U.S. Virgin Islands, and
for regulated articles moved interstate from areas quarantined for
Mexican fruit fly or Mediterranean fruit fly. We also proposed to
provide for the use of irradiation treatment for bananas moved
interstate from Hawaii and to provide for the use of a vapor heat
treatment for sweetpotatoes moved interstate from Hawaii.
On June 20, 2005, the Federal Register published a correction (70
FR 35500) to the table in Sec. 305.31(a) of our proposal in which the
generic dose for all pests of the phylum Arthropoda, excluding adults
and pupae of the order Lepidoptera, was corrected to read 400 gray.
We solicited comments concerning our proposal for 60 days ending
August 9, 2005. We received 13 comments by that date. They were from
producers, researchers, representatives of State and foreign
agricultural departments, an international industry organization, a
public interest organization, and a private citizen. The comments are
discussed below by topic.
Issue Outside the Scope of APHIS' Authority
One commenter raised an issue that concerns a matter under the
regulatory authority of the Food and Drug Administration (FDA), not the
Animal and Plant Health Inspection Service (APHIS). Specifically, the
commenter expressed concern that irradiation will make foods unsafe to
eat. The commenter stated that irradiation produced 2-
alkylcyclobutanones, which she contended is a dangerous residue
chemical present in irradiated fruits and vegetables.
The FDA has primary regulatory responsibility for ensuring that
approved irradiation doses do not render foods unsafe to eat. FDA
regulations (21 CFR 179.26) establish a limit of 1.0 kilogray for
disinfestation of arthropod pests in fresh fruits and vegetables. All
of the irradiation doses contained in this rule are significantly less
than this approved safe dose limit.
Use of Irradiation to Treat Cut Flowers and Foliage
One commenter requested that we also provide for the use of
irradiation to treat cut flowers and foliage that are subject to
treatment requirements in the regulations.
We agree that cut flowers and foliage that are hosts of pests for
which irradiation is an approved treatment can be treated at the pest-
specific doses provided in this final rule. Therefore, in this final
rule we have amended the phytosanitary treatment regulations as well as
the Hawaiian and territorial quarantine regulations to provide for the
use of irradiation to treat cut flowers and foliage. Specifically, we
have amended paragraph (a) of Sec. 305.31 to provide that irradiation
at the pest-specific doses may be used to treat cut flowers and
foliage. We have also amended Sec. 305.31 by replacing the words
``fruits and vegetables'' with the word ``article'' each time they
occur. Sections 305.34, 318.13-4f, and 318.58-4b provide administrative
instructions for irradiation treatment of certain fruits
[[Page 4452]]
and vegetables from Hawaii, Puerto Rico, and the U.S. Virgin Islands,
respectively. We have amended these sections by replacing the words
``fruits and vegetables'' with the word ``article'' each time they
occur. Finally, we have amended the cut flowers regulations in Sec.
319.74-2 by adding a new paragraph (d) to indicate that cut flowers may
be treated at the pest-specific irradiation doses listed in Sec.
305.31(a). Cut flowers and foliage are also subject to the packaging
requirements provided in Sec. Sec. 305.31 and 305.34 of the
regulations.
Irradiation may have negative effects on the quality of cut
flowers, and the shipper and facility operator are responsible for
determining tolerance of cut flowers to treatment. APHIS assumes no
responsibility for any loss or damage that may result in the use of
irradiation.
Use of Irradiation To Control Pests
Two commenters objected to the use of irradiation to treat imported
fruits and vegetables. One commenter stated that food in the United
States has been altered so much that it has become inferior to food in
Europe. A second commenter stated that APHIS should not employ
irradiation as a treatment but should instead use other treatments and
procedures to prevent the introduction of dangerous plant pests
associated with imported fruits and vegetables. This second commenter
added that irradiation has not been shown to be a safe, effective, or
viable means to eradicate invasive pests and that the U.S. Department
of Agriculture should cease pursuing irradiation as a treatment for
plant pests.
We have not made any changes to the rule in response to these
comments. Importers are free to choose other treatments authorized by
the regulations in lieu of irradiation. The reason that irradiation may
be attractive to certain importers, particularly those importing fresh
tropical fruits from fruit fly-infested regions, is that irradiation
allows fruits of higher quality to be imported. Alternative heat, cold,
and fumigation treatments can cause unacceptable phytotoxicity (damage
to the fruits). Also, these alternative treatments often must be used
on fruit harvested before it is fully ripe. The irradiation alternative
allows importers to sell riper, more valuable fruit, with less damage.
In authorizing irradiation treatments, we have considered both the
efficacy and the environmental effects of irradiation compared to other
treatments already authorized by our regulations. The irradiation
treatments in the final rule are effective against the listed plant
pests. It is true that several technologies under development may also
provide effective treatments for various plant pests (e.g., pressure
treatments, controlled atmosphere, and laser ultraviolet light pulses).
To date, we have not seen conclusive scientific documentation that
establishes standard methodologies for these treatments, or that
demonstrates that these treatments effectively control pests of concern
in fruits and vegetables subject to APHIS regulations. APHIS is always
willing to evaluate petitions to add new treatments to our import
regulations. Petitioners should submit a detailed description of the
methodology and standards of the treatment to be evaluated, and should
include any scientific studies that document the effectiveness of the
treatment and related issues (e.g., quality effects on treated
articles).
One commenter stated that the proposed rule could stimulate the
construction of more irradiation facilities, some of which could use
radioactive cobalt-60 or cesium-137, which Federal regulations permit.
The commenter stated that these facilities will pose serious risks to
the communities where they are built.
We are not making any changes in response to this comment. The
safety of operations of irradiation facilities is regulated by the
Nuclear Regulatory Commission (NRC). NRC ensures that such facilities
are built and operated according to Federal regulations. To be
licensed, the facility must have been designed with multiple fail-safe
measures, and must establish extensive and well-documented safety
procedures and worker training. With proper design and operating
procedures, commercial irradiation facilities can be operated safely
and without posing any significant radiation risk to workers or the
public.
Recommended Doses
One commenter presented two studies \1\ which demonstrated that
Mexican fruit fly (Mexfly) is more radiotolerant than West Indian fruit
fly, but noted that we proposed an irradiation dose of 100 Gy for West
Indian fruit fly and only 70 Gy for Mexfly. The commenter recommended
lowering the dose for West Indian fruit fly to 70 Gy.
---------------------------------------------------------------------------
\1\ Bustos, M.E., Enkerlin, W., Reyes, J., and Toledo, J. 2004.
Irradiation of mangoes as a postharvest quarantine treatment for
fruit flies (Diptera: Tephritidae). J. Econ. Entomol. 97: 286-292.
Hallman, G.J. and Worley, J.W. 1999. Gamma radiation doses to
prevent adult emergence from immatures of Mexican and West Indian
fruit flies (Diptera: Tephritidae). J. Econ. Entomol. 92: 967-973.
---------------------------------------------------------------------------
We have reviewed the research submitted by the commenter and agree
that the dose for West Indian fruit fly (Anastrepha obliqua) should be
lowered to 70 Gy and have done so in this final rule.
Two commenters stated that it was unnecessary to list green scale
in the pest table in Sec. 305.31 because it requires the generic dose
(400 Gy). One commenter noted that this implied that 400 Gy was the
lowest possible dose that can control green scale. The second commenter
added that there has been no large-scale research done on this dose,
but that preliminary research at the University of Hawaii suggested 250
Gy would control green scale.
We agree with these commenters and have amended the table in Sec.
305.31(a) by removing the entry for Coccus viridis, green scale.
One commenter recommended adding a statement in the final rule that
lower irradiation doses might be sufficient for the plant pests being
added in this rule in order to encourage more research on minimum
irradiation levels.
We are not making any changes as a result of this comment. As
stated previously in this document, APHIS is always willing to evaluate
research that supports new treatments or changes to existing treatments
such as lowering the required doses for irradiation. Petitioners should
submit any scientific studies that document the effectiveness of the
dose, and APHIS will consider each request as it is presented.
One commenter recommended rounding irradiation doses to the nearest
10 Gy increment because dosimeters can vary by 1 to 2 percent in their
accuracy. The commenter added that it is difficult during research to
accurately apply doses in less than 10 Gy increments due to variability
in the density and consistency of the infested fruit or vegetable.
We are not making any changes in response to this comment. We
believe that the measures we have in place to monitor and administer
irradiation treatment will ensure that at least the appropriate minimum
dose is administered. When applying irradiation treatment, several
factors are taken into account, including geometry of the source, the
dimensions of the irradiation container, as well as the bulk-density of
the load and its distribution. Recording of process parameters and
dosimetry is required to ensure that the treatments applied are within
the limits established by APHIS. Further, the available data indicate
that the doses we proposed are the lowest
[[Page 4453]]
effective doses necessary to achieve phytosanitary security; thus,
rounding a dose up to the nearest 10 Gy increment would have the effect
of requiring more than the minimum dose and would be contrary to our
World Trade Organization (WTO) agreements.
Safeguards on Commodity Movement
Two commenters noted that we should put in place safeguards, such
as sealed containers, against plant pest spread for untreated
commodities that are moved to the mainland United States for treatment.
One of the commenters suggested prohibiting movement of untreated
commodities with pretreated commodities and adding protocols for
transport and containment upon arrival.
Section 305.34 of the regulations sets forth instructions for
fruits and vegetables shipped from Hawaii to the mainland United
States, including safeguards for untreated commodities being shipped to
the mainland United States for treatment. For imported fruits and
vegetables, Sec. 305.31, paragraph (g)(1) prohibits packaging
irradiated fruits and vegetables with nonirradiated fruits and
vegetables and paragraph (g)(2) provides packaging provisions for
fruits and vegetables irradiated prior to entering the United States to
prevent the entry of fruit flies. However, Sec. 305.31 does not
contain packaging provisions for imported fruits and vegetables to be
irradiated upon arrival in the United States. Therefore, we are
amending Sec. 305.31(g) in this final rule by adding a new paragraph
that requires cartons of untreated regulated articles being imported
into the United States for treatment to be shipped in shipping
containers sealed prior to importation with seals that will visually
indicate if the shipping containers have been opened. These provisions
we have added regarding imported articles mirror those in Sec. 305.34
for untreated articles moved from Hawaii to the mainland United States
for treatment.
Bananas from Hawaii
One commenter stated that the configuration of bananas on the stalk
make visual inspections an ineffective detection method. The commenter
added that the lethal dose for banana moth should be determined before
including this commodity in the regulations.
We have determined that the generic dose of 400 Gy would be
sufficient for banana moth larvae; however inspection is necessary for
pupae and adults of this pest. Bananas may also undergo irradiation
treatment at a dose of 150 Gy for fruit flies, which would require
inspection for banana moth and green scale as an additional mitigation
measure. We agree with this commenter that the configuration of bananas
on the stalk makes visual inspection more difficult. Therefore, we have
amended Sec. 318.13-4i, paragraphs (b)(1) and (b)(2), in this final
rule to specify that bananas must be removed from the stalk during
inspection.
One commenter suggested that we allow green bananas from Hawaii
grown under the systems approach to be irradiated at 400 Gy if found to
be infested with green scale or to have certain defects that would
otherwise trigger rejection upon inspection.
We agree with this commenter and have amended Sec. 318.13-4i in
this final rule by revising paragraph (b), introductory text, to state
that ``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 with irradiation in accordance with the
following conditions.''
Sweetpotatoes
One commenter questioned whether early stages of Kona coffee root-
knot nematode could be found by visual inspection.
We have found inspection to be very effective at detecting
nematodes of all stages.
One commenter suggested that the regulations should provide that
the required probes be placed in the largest roots when applying heat
treatment to sweetpotatoes.
We agree that inspectors should locate temperature probes in the
largest potatoes when applying heat treatment. Therefore, we have
amended Sec. 305.24(k)(1) in this final rule to provide that
temperature probes must be placed in the approximate center of the
``largest individual sweetpotato roots.''
One commenter stated that recent research \2\ indicates that
sweetpotato weevil, West Indian sweetpotato weevil, and sweetpotato
vine borer can all be neutralized with a dose of 150 Gy. The commenter
asked that we add West Indian sweetpotato weevil and sweetpotato vine
borer with a dose of 150 Gy and that we change the dose for sweetpotato
weevil to 150 Gy.
---------------------------------------------------------------------------
\2\ Follett, Peter A. Irradiation for postharvest control of
Omphisa anastomosalis (Lepidoptera: Pyralidae), Euscepes
postfaciatus and Cylas formicarius elegantulus (Coleoptera:
Curculionidae) in sweetpotatoes.
---------------------------------------------------------------------------
After reviewing the research provided by the commenter, we have
amended the table in Sec. 305.31(a) in this final rule by adding
entries for West Indian sweetpotato weevil and sweetpotato vine borer
and specifying a minimum irradiation dose of 150 Gy for both pests. We
have also reduced the minimum irradiation dose for sweetpotato weevil
from 165 Gy to 150 Gy.
With these changes, all but one of the pests of concern for
sweetpotatoes from Hawaii for which irradiation is an authorized
treatment may be treated with a minimum irradiation dose of 150 Gy. The
exception is the ginger weevil (Elytrotreinus subtruncatus), which
requires a minimum irradiation dose of 400 Gy. (The regulations also
require inspection for two other pests for which irradiation is not an
authorized treatment, i.e., the gray pineapple mealybug [Dysmicoccus
neobrevipes] and the Kona coffee-root knot nematode [Meloidogyne
konaensis]). In the proposed rule, we proposed to add a vapor heat
treatment option for sweetpotato from Hawaii that included provisions
for the sampling, cutting, and inspection of sweetpotatoes for the
ginger weevil, and we are adopting those proposed provisions in this
final rule (see Sec. 318.13-4d in the regulatory text at the end of
this document). To harmonize the irradiation treatment provisions for
sweetpotatoes from Hawaii with those new vapor heat provisions, we have
amended the regulations in Sec. 305.34 in this final rule to offer two
irradiation treatment options: The existing 400 Gy dose or a 150 Gy
dose supplemented by sampling, cutting, and inspection for the ginger
weevil, with the sampling, cutting, and inspection requirements being
the same as those found in the vapor heat provisions in Sec. 318.13-
4d. The inspection requirements for the gray pineapple mealybug and the
Kona root-knot nematode will continue to apply to sweetpotatoes treated
at both the 400 Gy and 150 Gy dose. To effect this change, we have
amended Sec. 305.34(b)(7)(i) and (ii) in this final rule to reflect
the new inspection requirement for ginger weevil if sweetpotatoes are
to be irradiated at 150 Gy; a new footnote in the entry for sweetpotato
in the table in paragraph (a)(1) of that section directs the reader to
Sec. 305.34(b)(7)(i) and (ii). Because litchi from Hawaii is also
subject to additional inspection requirements in Sec. 305.34(b)(7),
the entry for litchi in the table has also been annotated with a
reference to that footnote.
Pineapples From Hawaii
One commenter asked that we delete the reference to ``other than
smooth Cayenne'' in the entry for pineapples in Sec. 305.34, paragraph
(a)(1). The commenter noted that this would allow
[[Page 4454]]
all varieties of pineapple to be treated by irradiation for plant pests
in accordance with Sec. 305.31(a) and Sec. 305.34(a)(2).
The commenter is correct. We mistakenly included the reference to
``other than smooth Cayenne'' when in fact, all varieties of pineapple
are eligible for irradiation. We have amended the entries for pineapple
in Sec. 305.34(a)(1) and Sec. 318.13-4f by removing the words
``(other than smooth Cayenne).''
General Comments
In the supplementary information of our proposed rule, we stated
that mites are not arthropod plant pests. Two commenters noted that
mites are arthropod plant pests and that we should not use the term
``arthropod.''
We agree with the commenters have amended the last row in the table
in Sec. 305.31 by changing the words ``phylum Arthropoda'' to ``class
Insecta.''
One commenter suggested that we should explain to inspectors what
they can expect to find with properly irradiated commodities (e.g.,
live fruit flies and perhaps eggs, but no further development from
either).
Customs and Border Protection and APHIS inspectors are trained as
to what they might specifically find in commodities treated by
irradiation and have been inspecting irradiated fruit moved interstate
for more than a decade. Therefore, it is unnecessary to include such
information in this final rule.
One commenter suggested that we include a provision to prohibit
irradiation of low-oxygen-stored produce until research on the
effectiveness of irradiation on such produce can be completed. The
commenter stated that a recent study showed that four pests showed an
increase in radiotolerance when stored in such conditions.
We have no evidence to either support or refute the commenter's
concern with the response of pests in low-oxygen-stored produce to
irradiation, but agree that irradiation should be only applied to
articles that have been stored under certain conditions. Because these
conditions may vary based on the specific commodity, pest of concern,
or country of origin, we will address specific storage conditions in
the operational work plan or the compliance agreement with plant health
officials in the areas where commodities are produced, packed, and
treated.
One commenter stated that we incorrectly classified the dose ranges
for plant pests in the International Plant Protection Convention
Guidelines for the Use of Irradiation as a Phytosanitary Measure (ISPM
Publication No. 18) as recommended minimum dose ranges. The commenter
stated that these doses are only estimates.
We acknowledge that we incorrectly characterized the estimates as
recommended minimum doses. That statement appeared in the supplementary
information of the proposed rule, however, so there is no need to make
any changes to the regulations in this document.
Two commenters stated that research did not demonstrate that all
fruit flies of the family Tephritidae would be neutralized by a dose of
150 gray.
The commenters are correct in that, technically, all fruit flies of
the family Tephritidae were not tested, but all of the fruit flies that
were tested in this family were neutralized by this dose. Therefore, we
consider the results from the fruit flies we tested to be applicable to
the entire Tephritidae family. However, we agree that it would have
been clearer to state that ``we consider all fruit flies of the family
Tephritidae to be neutralized by a dose of 150 gray.''
In the supplementary information of the proposed rule, we stated
that required irradiation doses were specific to plant pests rather
than to the commodities with which they are associated, which reflects
the fact that the effectiveness of irradiation treatment is dependent
on the dose that is absorbed by the commodity. One commenter considered
this statement misleading, noting that it suggests that the radiation
is absorbed by the commodity thereby killing the insect. The commenter
added that the doses are specific to the pest rather than commodity
because the commodity provides limited shielding for the insect from
the ionizing radiation.
We agree with this commenter, but because this statement appeared
in the supplementary information of the proposed rule, there is no need
to make any changes to the regulations in this document.
In the proposed rule, we referred to minimum doses as ``pest-
specific.'' One commenter suggested that we use either ``pest species-
specific'' or ``individual pest-specific.''
We are not making changes in response to this comment. We prefer
the general term ``pest-specific'' which can apply to both individual
pests or a pest group (e.g., all fruit flies).
In the proposed rule, we stated that fruit quality problems
associated with high irradiation doses prompted us to examine lowering
doses. One commenter noted that we made no mention of any financial
considerations taken into account.
While economic benefits result from our lowering of irradiation
doses, they are not the reason for our doing so. Under WTO agreements,
we are obliged to base our regulations on sound science; to ignore
research that showed lower irradiation doses to be effective would be
contrary to these agreements.
One commenter stated that the proposed rule would open up large
parts of the United States to increased risks of infestation. The
commenter stated that our reasoning that fruit flies would not survive
irradiation treatment or weather conditions in many areas of the United
States was faulty. The commenter added that while the rule only applies
to 12 species of fruit flies, there are numerous hosts in the United
States that would be susceptible to those fruit flies.
We agree that preventing the introduction of exotic fruit flies
into the United States is of the utmost importance. According to ARS,
150 Gy will be sufficient to neutralize all fruit flies and that doses
lower than 150 gray are sufficient to neutralize certain species of
fruit flies. We believe that treatment of fruits, vegetables, cut
flowers, and foliage at these doses, when properly administered, will
be sufficient to prevent the introduction of fruit flies via
commodities treated by irradiation.
Economic Analysis
One commenter suggested that our economic analysis should take note
of some advantages to irradiation, such as the fact that fruit that is
to be irradiated can be allowed to ripen longer on the tree, resulting
in higher-quality fruit.
We have added a paragraph highlighting additional advantages of
irradiation over some other treatments to the economic analysis in this
final rule.
One commenter stated that it is naive to assume that there are
markets for irradiated fruits and vegetables in the United States. The
commenter noted that since the FDA legalized the irradiation of fruits
and vegetables in 1986, very few types of irradiated produce have been
sold in U.S. grocery stores. The commenter also cited the financial
troubles of a company that stood to benefit from irradiation as an
example of the lack of a market for irradiated fruit in the United
States.
The proposed rule and this final rule are concerned with the
phytosanitary security of fruits and vegetables and not their
marketing. Our regulations offer various treatment options; whether or
[[Page 4455]]
not producers or distributors choose to use irradiation when it is
available is up to them.
Miscellaneous
Two commenters pointed out several nonsubstantive editorial errors
in the proposed rule. We appreciate the commenters bringing these
errors to our attention and wherever appropriate, have made the
corrections in this document.
Other Comments
One commenter suggested that in light of the availability of the
generic irradiation dose, we reconsider our current pest risk analysis
process and require evidence only that the few target pests that could
not be treated effectively with irradiation are not present in a
particular country or are not pests of concern for a particular
commodity, rather than requiring that a list all possible pests be
considered in the pest risk analysis.
We agree with this commenter that the availability of the generic
irradiation dose may simplify the pest risk analysis process for
commodities from countries where pests that can be targeted with the
generic dose exist. We expect that a pest list would still have to
assembled in most cases, but the risk management aspect of the risk
analysis process could be abbreviated if the risks associated with all
identified quarantine pests could be addressed through the application
of the generic irradiation dose. If quarantine pests that could not be
addressed using the generic dose were identified in the pest list, then
the risk management analysis could be limited to examining mitigation
measures for those pests alone.
The commenter also requested that we reconsider the requirement
that every new commodity must be added to the regulations through
rulemaking before being eligible for entry into the United States.
While we are unable to make any changes in this document in
response to this comment, we are currently developing a proposed rule
that would redesign the fruits and vegetables regulations to provide
for the evaluation and approval or denial of new import requests in a
more expeditious and effective manner.
One commenter asked that we postpone the comment period for the
proposed rule because a request submitted by her organization under the
Freedom of Information Act (FOIA) regarding another rulemaking related
to irradiation had not yet been fulfilled.
We do not believe it is necessary or appropriate to delay this
final rule pending the resolution of commenter's FOIA request
concerning an entirely separate rulemaking. The APHIS FOIA staff is
working to address the request referred to by the commenter.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
This rule makes several amendments to the current provisions for
the use of irradiation as a treatment for various plant pests, allows
the use of irradiation and inspection as a treatment for bananas moved
interstate from Hawaii as an alternative to the systems approach
currently described in the regulations, and allows the use of a vapor
heat treatment for sweetpotatoes moved interstate from Hawaii as an
alternative to fumigation with methyl bromide and irradiation. The
potential economic impacts of the changes are discussed below.
Irradiation Treatment for Fruits, Vegetables, Cut Flowers, and Foliage
The regulations in Sec. 305.31 set out standards, minimum doses,
and other requirements for performing irradiation treatments on
imported fruits, vegetables, cut flowers, and foliage and set out
minimum doses necessary to neutralize 11 fruit flies and the mango seed
weevil. This rule adds minimum doses for more pests and lowers the
minimum doses for others. Specifically, this rule establishes:
A minimum generic dose of 400 Gy for all plant pests of
the class Insecta other than pupae and adults of the order Lepidoptera;
A minimum generic dose of 150 Gy for all fruit flies of
the family Tephritidae;
Lower minimum doses for certain fruit flies; and
New approved minimum doses for 10 plant pests.
This rule also allows irradiation to serve as an alternative to
other approved treatments for additional articles moved interstate from
Hawaii, Puerto Rico, and the U.S. Virgin Islands. Articles from Hawaii,
Puerto Rico, and the U.S. Virgin Islands that are required to be
treated by other means for pests listed in Sec. 305.31(a) prior to
interstate movement will be allowed to be moved interstate if they are
treated with irradiation at the doses listed in Sec. 305.31(a) and in
accordance with the other conditions specified in Sec. 305.34.
Section 305.34 has only provided for irradiation treatment of
fruits and vegetables from Hawaii; however, we have determined that
irradiation treatment can be used effectively for commodities from
Puerto Rico and the U.S. Virgin Islands if the safeguards in Sec.
305.34 are implemented. Currently, no irradiation facilities exist in
Puerto Rico or the U.S. Virgin Islands, and no requests have been
received to approve the construction of such facilities. However, this
rule provides for the option of moving the commodities under limited
permit to an irradiation facility on the U.S. mainland for treatment
prior to entering interstate commerce.
Economic Effects on Small Entities of Changes in Irradiation Treatment
Provisions
The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their regulations on small entities.
The Small Business Administration (SBA) has established size criteria
using the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
Irradiation facilities affected by this rule will belong to one of
the following two NAICS categories: (1) Firms providing irradiation
services for the treatment of fruits and vegetables, which would fall
within NAICS category 115114, ``Postharvest Crop Activities (except
Cotton Ginning)''; or (2) firms providing irradiation services for
decontamination or sterilization purposes, which would fall within
NAICS category 811219, ``Medical and surgical equipment repair and
maintenance services.''
Most treatments of Hawaiian produce are likely to occur at an
existing irradiation facility on the island of Hawaii. This facility is
used to treat other fruits and vegetables for which irradiation is an
approved treatment and can be classified under NAICS category 115114.
The SBA criteria classify this facility as a small entity, since its
annual sales are less than $6 million.
Another firm on the U.S. mainland operates two facilities in
Illinois and one facility in New Jersey. Its primary service is to
provide irradiation treatment for the sanitation of medical devices on
contract. This firm is classified within NAICS category 811219.
However, since it is part of a larger corporation for which annual
receipts may exceed $6 million, this
[[Page 4456]]
firm is not classified as a small entity under the SBA criteria. Thus,
at least one firm that could be affected by this rule is a small
entity.
Irradiation facilities, whether large or small, will benefit from
this rule. The range of commodities imported and moved interstate for
which irradiation will be an approved treatment will increase. At the
same time, dosage levels, and therefore operating costs, will decrease
for many commodities. The changes to irradiation doses and provisions
allowing the use of pest-specific doses to treat commodities for
interstate movement will facilitate the importation of fruits,
vegetables, cut flowers, and foliage and their interstate movement from
Hawaii, Puerto Rico, and the U.S. Virgin Islands. For certain pests for
which irradiation is already an approved treatment, required
irradiation dosages will be lowered to the minimum level necessary. In
other instances, irradiation will be newly allowed as an alternative
phytosanitary treatment.
This rule will result in lower costs and increased flexibility for
importers, gains that could be expected to be at least partly realized
by U.S. consumers through lower prices, assuming competitive markets.
For some commodities, irradiation may also provide quality advantages
over other treatment methods in terms of increased shelf life.
Irradiation allows fruits and vegetables of higher quality to be
imported. Alternative heat, cold, and fumigation treatments can cause
unacceptable damage to fruits, vegetables, cut flowers, and foliage. At
this time, we are unsure as to the extent of damage the use of
irradiation may cause to certain cut flowers and it is entirely the
importer's or owner's responsibility to assess which treatment should
be used with each variety of cut flowers. Also, these alternative
treatments often must be used on fruit harvested before it is fully
ripe. Irradiation allows importers to sell riper, more valuable fruit,
with less damage. Choice of irradiation as a treatment alternative
would rest upon its expected net returns relative to other treatment
methods.
Because these changes will have the potential to affect the
importation or interstate movement of a wide range of commodities, it
is difficult to predict exactly what economic effects these changes
will have. However, while affected irradiation firms, large and small,
are expected to benefit, we do not expect the impacts to be
significant.
Irradiation and Inspection for Bananas Moved Interstate from Hawaii
The regulations in Sec. 318.13-4i have provided that green bananas
(Musa spp.) of the cultivars ``Williams,'' ``Valery,'' ``Grand Nain,''
and standard dwarf ``Brazilian'' may be moved interstate from Hawaii
under a systems approach. At this time, only green bananas of these
specified cultivars have been eligible for interstate movement under
those provisions.
We are adding two combinations of irradiation and inspection as
treatments for bananas from Hawaii. Specifically, bananas, regardless
of cultivar or ripeness, from Hawaii will be eligible for interstate
movement if they have been inspected in Hawaii for adults and pupal
stages of the banana moth Opogona sacchari (Bojen), and have undergone
irradiation treatment with a minimum dose of 400 gray at an approved
facility. Bananas from Hawaii will also be eligible for interstate
movement if they have been inspected in Hawaii for the banana moth and
the green scale, Coccus viridis (Green), and have undergone irradiation
treatment with a minimum dose of 150 gray at an approved facility.
Cost of Irradiation Treatment
The cost of irradiation is estimated at 15 cents per pound.\3\ We
expect that most bananas moved interstate from Hawaii under this
approach will be treated at the existing commercial irradiation
facility on the island of Hawaii. However, the treatment could be
performed at the irradiation facilities on the mainland United States
as well.
---------------------------------------------------------------------------
\3\ Source: Hawaii Department of Agriculture.
---------------------------------------------------------------------------
Cost of APHIS Inspection
Monitoring of quarantine treatments conducted during standard
business hours (weekdays between 8 a.m. and 4:30 p.m.) on the island of
Hawaii comes at no cost to the facility. APHIS charges for the
monitoring of treatments conducted before 8 a.m. and after 4:30 p.m.
and on weekends at a time-and-a-half rate.
Benefits
The combination of irradiation treatment and inspection will offer
an alternative to the systems approach for green fruit of the specified
four banana cultivars, and will allow fruit of any ripeness or cultivar
to be moved interstate from Hawaii. The approach described in this rule
can be used to mitigate the pest risk associated with all Hawaiian
bananas, regardless of cultivar or ripeness. This will allow banana
producers and parties moving bananas interstate greater flexibility in
operations, more choices with regard to the types of bananas moved
interstate, a greater volume of bananas to ship, and less risk of
facing rejections during inspection under the systems approach and
Banana Compliance Agreement.
Growers have been reluctant to ship bananas to U.S. mainland
markets under the systems approach because Sec. 318.13-4i(c) of the
regulations has required that bananas to be moved interstate be
inspected by an inspector and found free of the following defects:
Prematurely ripe fingers, fused fingers, or exposed flesh (not
including fresh cuts made during the packing process). Bananas moved
interstate from Hawaii under this systems approach are required to be
free of these defects because they are conducive to fruit fly
infestation. However, growers are concerned about the risk of having
whole shipments of fruit prohibited from interstate movement as a
result of a single fault detected when bananas in a random selection of
boxes are inspected. No commercial container shipments of bananas have
been made to U.S. mainland markets under the regulations in effect
prior to this rule. Since the irradiation treatment options provided by
this rule are sufficient to neutralize fruit flies and other pests of
concern, irradiation will provide the Hawaiian banana industry with an
alternative treatment for interstate movement and could open new
marketing opportunities.
U.S. consumers will benefit from an increased supply of bananas.
Growers in Hawaii believe that the U.S. mainland demand for bananas
from Hawaii may be equivalent to (if not higher than) the existing
demand for Hawaiian papaya. Hawaiian growers moved approximately 12
million pounds of papayas to U.S. mainland markets in 2003.\4\ Demand
may be especially high for the apple banana variety, which has a higher
sugar content and more aromatic flavor than the standard commercial
banana varieties currently available in U.S. mainland markets.
Consumers will benefit from the availability of this specialty product.
---------------------------------------------------------------------------
\4\ Source: Hawaii Department of Agriculture.
---------------------------------------------------------------------------
Hawaii accounts for almost all U.S. banana production.\5\ In 2002,
there were 677 banana farms in Hawaii,\6\ and the value of sales
amounted to $ 8.6
[[Page 4457]]
million.\7\ Table 1 summarizes production information for bananas and
papayas in Hawaii. The utilized production of bananas amounted to 19.5
million pounds in 2002.
---------------------------------------------------------------------------
\5\ The Census of Agriculture (2002) reports minimal acreage in
California, Florida, and Texas, which together account for only 131
acres.
\6\ National Agricultural Statistics Service, 2002 Census of
Agriculture.
\7\ From https://www.nass.usda.gov/hi/fruit/annban.htm. Sales of
Hawaiian bananas in 2003 were valued at $9.225 million.
Table 1.--Production Statistics for Bananas and Papayas in Hawaii (2002)
------------------------------------------------------------------------
Item Bananas Papayas
------------------------------------------------------------------------
Bearing acreage (acres)......... 1,300............. 1,720.
Utilized production (1,000 19,500............ 45,900.
pounds).
Price (per pound)............... $0.430............ $0.260.
Value of utilized production.... $8.385 million.... $11.924 million.
Movement to mainland U.S. None.............. 12,000.
markets (1,000 pounds).
------------------------------------------------------------------------
Sources: Hawaii Department of Agriculture (movement statistics) and
National Agricultural Statistics Service.
The United States imported 7,883 million pounds (3,576 million kg)
of fresh bananas in 2003, valued at $959 million.\8\ Ecuador, Costa
Rica, Guatemala, Colombia, and Honduras accounted for 97 percent of the
quantity of imports (table 2). Compared to the 7,883 million pounds of
bananas currently imported, Hawaii's total production of 20 million
pounds is extremely small, and it is not likely that 100 percent of the
State's production will be moved to the mainland United States. Thus,
as long as phytosanitary mitigation by means of the approved treatments
is maintained, the interstate movement of bananas from Hawaii is
unlikely to significantly affect current U.S. trade in fresh bananas.
---------------------------------------------------------------------------
\8\ World Trade Atlas, 2003.
Table 2.--Quantity and Value of Fresh Bananas Imported Into the United
States From the Five Major Exporting Countries (2003)
------------------------------------------------------------------------
Value
Quantity (million
Country (million U.S.
kg) dollars)
------------------------------------------------------------------------
Ecuador....................................... 902 237.8
Costa Rica.................................... 901 247.5
Guatemala..................................... 868 229.1
Colombia...................................... 429 117.7
Honduras...................................... 388 100.4
--------------
Total imports............................. 3,576 959.3
------------------------------------------------------------------------
Source: World Trade Atlas (2003).
Economic Effects on Small Entities of Irradiation and Inspection
Provisions for Bananas
Most treatments of Hawaiian bananas are likely to occur at the
existing irradiation facility on the island of Hawaii, which, as noted
previously, is considered a small entity.
Banana farming is classified under NAICS category 111339 as ``Other
Noncitrus Fruit Farming.'' The SBA considers entities in this category
to be small if their average annual receipts are less than $750,000.
The 677 banana farms in Hawaii accounted for annual sales of $8.6
million in total in 2002. Therefore, it is likely that most Hawaiian
banana farms will be classified as small entities under the SBA
criteria. The treatment monitoring program will be mainly operated by
APHIS personnel, and no impact is anticipated on other small entities
or government agencies.
Vapor Heat Treatment for Sweetpotatoes Moved Interstate From Hawaii
We are allowing vapor heat treatment, combined with tuber cutting
and visual inspection, to be used as a treatment for sweetpotatoes
moved interstate from Hawaii. We believe this treatment will be an
effective alternative to the methyl bromide and irradiation treatments
currently prescribed by the regulations to control pests of concern.
Cost of Vapor Heat Treatment
Hawaii has three packing plants on the Island of Hawaii that
provide vapor heat treatment services. No other vapor heat treatment
plants are currently in operation elsewhere in the State. Since APHIS
has yet to certify a facility for the treatment of sweetpotato by vapor
heat, the costs of treating this crop specifically cannot be determined
with certainty at this time. However, one of the packinghouses
estimated that vapor heat treatment costs could amount to 2 to 3 cents
per pound for the required treatment protocol. This estimate considered
the costs of labor, electricity, water, and sewer service. APHIS has
traditionally certified vapor heat treatment chambers (for example, for
papaya) in the ``fully loaded configuration.'' The costs of treating
sweetpotato in smaller batch loads still have to be determined. This
estimate of treatment cost also does not include a markup for the
facility. The markup will be determined by the number of plants
providing service and the demand for service.
Cost of APHIS Inspection for Vapor Heat Treatment or Irradiation
Monitoring of quarantine treatments conducted during standard
business hours (weekdays between 8 a.m. and 4:30 p.m.) on the island of
Hawaii comes at no cost to the facility. APHIS charges for the
monitoring of treatments conducted before 8 a.m. and after 4:30 p.m.
and on weekends at a time-and-a-half rate.
Comparison of Vapor Heat Treatment, Irradiation, and Methyl Bromide
Vapor heat treatment will provide the Hawaiian sweetpotato industry
with an alternative treatment to irradiation or methyl bromide
fumigation. If vapor heat treatment can be performed at 2 to 3 cents
per pound, it will constitute the most cost-effective treatment,
compared to irradiation at 15 cents per pound and fumigation costs
ranging from 40.6 cents per pound for 1 pallet to 6.7 cents per pound
for 12 pallets (table 3). (These are treatment costs only and do not
include the costs of APHIS monitoring or inspection activities or
inter-island transportation costs necessary to perform treatments.)
Table 3.--Estimated Per-Unit Cost of Vapor Heat Treatment, Irradiation,
and Methyl Bromide Fumigation
------------------------------------------------------------------------
Per unit
cost
Treatment (cents per
pound)
------------------------------------------------------------------------
Vapor heat treatment........................................ 2-3
Irradiation................................................. 15
-------------------------------------------------------------
[[Page 4458]]
Methyl bromide fumigation: \1\
One pallet................................................ 40.6
Two pallets............................................... 20.3
Three pallets............................................. 13.5
Four pallets.............................................. 10.1
Five pallets.............................................. 8.1
Six pallets............................................... 6.7
Nine pallets.............................................. 7.6
Twelve pallets............................................ 6.9
------------------------------------------------------------------------
\1\ One pallet contains 1,500 pounds of sweetpotatoes.
Sources: Packinghouse estimate (vapor heat treatment); Hawaii Department
of Agriculture (irradiation and methyl bromide fumigation).
The availability of vapor heat treatment thus provides the Hawaiian
sweetpotato industry with an alternative treatment option at a
competitive cost. Furthermore, the vapor heat treatment plants in
Hawaii will benefit if sweetpotatoes are included in the list of
agricultural products to be treated. The availability of vapor heat
treatment as an alternative to fumigation might become increasingly
important in view of the global phaseout of methyl bromide under the
Montreal Protocol. Irradiation may have positive effects on the quality
and shelf life of the tubers, and allows flexibility since both small
and large product lots can be staged for treatment to meet specific
market demands. Vapor heat treatment is not known to offer quality or
shelf-life benefits to the product, but some consumers may prefer this
option above irradiation, especially in Japan, Canada, and Europe.
Impact on U.S. Sweetpotato Production
Commercial sweetpotato production in Hawaii occurs on the islands
of Hawaii, Kauai, Maui, and Oahu. In 2002, there were 59 sweetpotato
farms,\9\ and the value of sales was $989,000.\10\ The utilized
production of sweetpotatoes in Hawaii was 1.8 million pounds in 2001
(table 4). The crop is in year-round production in Hawaii.
---------------------------------------------------------------------------
\9\ National Agricultural Statistics Service, 2002 Census of
Agriculture.
\10\ From https://www.nass.usda.gov/hi/vegetble/annveg.htm.
Table 4.--Production Statistics for Hawaiian Sweetpotatoes (2001)
------------------------------------------------------------------------
Item Amount
------------------------------------------------------------------------
Harvested acres............................................ 220
Yield per acre (1,000 pounds).............................. 8.2
Production (1,000 pounds).................................. 1,800
Farm price (cents per pound) \1\........................... 50
------------------------------------------------------------------------
\1\ The 2001 farm price for sweetpotato was 47.3 cents per pound in
Hawaii, Honolulu, and the Kauai Counties, and 60 cents per pound in
the Maui County (Hawaiian Department of Agriculture).
Source: Hawaii Agricultural Statistics Service.
In the mainland United States, sweetpotato is grown commercially in
Alabama, California, Georgia, Louisiana, Mississippi, New Jersey, North
Carolina, South Carolina, Texas, and Virginia. North Carolina,
Louisiana, Mississippi, and California account for the major proportion
of production area by State (table 5). In total, the United States
produced 1,355 million pounds of sweetpotatoes from 93,500 acres in
2003 (table 6). The Hawaiian sweetpotato production of 1.8 million
pounds thus comprises a minor proportion of the total production of
1,355 million pounds in the United States.
Table 5.--Acres of Sweetpotatoes Planted in the United States (2003)
------------------------------------------------------------------------
Acres
State planted
------------------------------------------------------------------------
North Carolina............................................. 42,000
Louisiana.................................................. 18,000
Mississippi................................................ 14,000
California................................................. 10,100
Texas...................................................... 3,400
Alabama.................................................... 2,900
Others \1\................................................. 3,100
------------
Total.................................................. 93,500
------------------------------------------------------------------------
\1\ Including Hawaii.
Source: Economic Research Service, USDA.
Table 6.--Production and Utilization Statistics for Sweetpotatoes in the
United States (2003) \1\
------------------------------------------------------------------------
Item Amount
------------------------------------------------------------------------
Acres planted............................................. 93,500
Three-year average yield (cwt/acre)....................... 150
Production (million pounds)............................... 1,355
Imports (million pounds).................................. 17.0
Exports (million pounds).................................. 53.0
Total utilization (million pounds) \2\.................... 1,148.3
Per capita use (pounds)................................... 3.9
Three-year average per capita use (pounds)................ 4.0
Current dollars ($/cwt)................................... 15.75
Constant 1996 dollars ($/cwt)............................. 13.91
------------------------------------------------------------------------
\1\ Estimates are for the total United States, and therefore include
Hawaii. Forecasted estimates are shown.
\2\ Total utilization includes 103 million pounds used for seed and 67.8
million pounds accruing to feed use, shrink, and loss.
Source: Economic Research Service, United States Department of
Agriculture. Acres were obtained from Lucier, G. ``Sweet potatoes--
getting to the root of demand.'' Economic Research Service, USDA,
2002.
The Hawaiian sweetpotatoes intended for the U.S. mainland markets
are of a special purple flesh variety, and they are therefore shipped
to the mainland as a specialty product intended for niche markets. U.S.
mainland consumers could, therefore, benefit from an increased supply
of these specialty sweetpotatoes.
Interstate movement provides Hawaiian growers and shippers with
increased marketing opportunities. Sweetpotatoes are in year-round
production in Hawaii, but some seasonal variation in volume is
expected. Out-shipment to U.S. mainland markets is estimated at 50,000
to 60,000 pounds per week. New plantings of the crop have increased on
the island of Hawaii since irradiation was approved as an alternative
to methyl bromide fumigation in June 2003. However, plantings are
likely to increase each year if the market demand increases for
Hawaiian sweetpotatoes regardless of whether the product is treated by
methyl bromide fumigation, irradiation, or vapor heat treatment.
Nevertheless, even if sweetpotato production increases in Hawaii, the
relative volume of production (1.8 million pounds) remains extremely
small in comparison to the volume of U.S. mainland sweetpotato
production (1.36 billion pounds).
Thus, since Hawaiian production is so small in comparison to U.S.
mainland production, and as long as phytosanitary mitigation by the
approved treatments is maintained, sweetpotato shipments from Hawaii
are unlikely to affect mainland producers. Consumers will benefit from
the availability of the purple-fleshed specialty sweetpotato product,
and the Hawaiian sweetpotato industry will gain opportunities to expand
its mainland U.S. markets.
[[Page 4459]]
Vapor Heat Treatment of Sweetpotatoes Moved Interstate From Hawaii
The availability of vapor heat treatment at a competitive cost
could divert some sweetpotatoes moved interstate from Hawaii from the
existing irradiation facility in Hawaii to a vapor heat treatment
facility. This will affect the existing irradiation facility in Hawaii,
which is a small entity. However, it is not known at this time what
proportion of Hawaiian sweetpotatoes moved interstate will be treated
with vapor heat instead of irradiation.
On the other hand, vapor heat treatment facilities could benefit by
the addition of vapor heat as an approved treatment for sweetpotatoes
moved interstate from Hawaii. However, since facilities for the vapor
heat treatment of Hawaiian sweetpotatoes have not been certified yet,
the businesses cannot be conclusively categorized into small or large
entities at this time.
Sweetpotato farming is classified under NAICS category 111219,
``Other Vegetables (except Potato) and Melon Farming.'' According to
the SBA's criteria, an entity involved in crop production is considered
small if it has average annual receipts of less than $750,000. The 59
sweetpotato farms in Hawaii accounted for annual sales of $989,000 in
total in 2002. Therefore, it is likely that most of these farms would
be considered small entities according to the SBA criteria. The
monitoring and inspection program will be mainly operated by APHIS
personnel, and no impact is anticipated on other small entities and
government agencies.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0281.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects
7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
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.
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR parts 301, 305, 318, and 319 as
follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
0
2. In Sec. 301.64-10, paragraph (g) introductory