This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

18419 

Vol. 76, No. 64 

Monday, April 4, 2011 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 301 and 319 

[Docket No. APHIS–2010–0127] 

RIN 0579–AD34 

Movement of Hass Avocados From 

Areas Where Mediterranean Fruit Fly 

or South American Fruit Fly Exist 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to relieve 

certain restrictions regarding the 

movement of fresh Hass variety 

avocados. Specifically, we are proposing 

to amend our domestic regulations to 

provide for the interstate movement of 

Hass avocados from Mediterranean fruit 

fly quarantined areas in the United 

States with a certificate if the fruit is 

safeguarded after harvest in accordance 

with specific measures. We are also 

proposing to amend our foreign 

quarantine regulations to remove 

trapping requirements for 

Mediterranean fruit fly for Hass 

avocados imported from the State of 

Michoacan, Mexico, requirements for 

treatment or origin from an area free of 

Mediterranean fruit fly for Hass 

avocados imported from Peru, and 

requirements for trapping or origin from 

an area free of South American fruit fly 

for Hass avocados imported from Peru. 

These actions are warranted in light of 

research demonstrating the limited host 

status of Hass avocados to 

Mediterranean fruit fly and South 

American fruit fly. This action would 

make our domestic and foreign 

requirements for movement of Hass 

avocados consistent with each other and 

would relieve restrictions for Mexican 

and Peruvian Hass avocado producers. 

In addition, this action would provide a 

means for Hass avocados to be moved 

interstate if the avocados originate from 

a Mediterranean fruit fly quarantined 

area in the United States. 

DATES: We will consider all comments 

that we receive on or before May 4, 

2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/

component/main?main=DocketDetail&

d=APHIS-2010-0127 to submit or view 

comments and to view supporting and 

related materials available 

electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0127, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road, Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2010–0127. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tony Roma ́n, Import Specialist, 

Regulations, Permits, and Manuals, 

PPQ, APHIS, APHIS, 4700 River Road, 

Unit 133, Riverdale, MD 20737–1231; 

(301) 734–0627. 

SUPPLEMENTARY INFORMATION: 

Background 

The domestic fruit fly regulations, 

contained in 7 CFR 301.32 through 

301.32–10 (referred to below as the 

domestic regulations), were established 

to prevent the spread of certain fruit fly 

species, including Ceratitis capitata 

(Mediterranean fruit fly), into 

noninfested areas of the United States. 

The regulations designate soil and many 

fruits, nuts, vegetables, and berries as 

regulated articles and impose 

restrictions on the interstate movement 

of those regulated articles from 

regulated areas. 

Avocado, Persea americana 

(including the variety Hass), is listed as 

a regulated article for Mediterranean 

fruit fly, melon fruit fly (Bactrocera 

cucurbitae), Mexican fruit fly 

(Anastrepha ludens), Oriental fruit fly 

(Bactrocera dorsalis), peach fruit fly 

(Anastrepha zonata), and sapote fruit 

fly (Anastrepha serpentina) in the 

regulations. Because avocados are listed 

as regulated articles, they may not be 

moved interstate from an area 

quarantined for one of those fruit flies 

unless the movement is authorized by a 

certificate or limited permit. In general, 

avocados may be eligible for a certificate 

if a bait spray is applied to the 

production site beginning prior to 

harvest and continuing through the end 

of harvest or if a post-harvest irradiation 

treatment is applied to the fruit. To be 

eligible for a limited permit, a regulated 

article must be moved to a specific 

destination for specialized handling, 

utilization, or processing or for 

treatment and meet all other applicable 

provisions of the regulations. For Hass 

avocados moving interstate from any 

Mexican fruit fly or sapote fruit fly 

quarantined area, the avocados may be 

moved interstate under certificate if the 

fruit is safeguarded after harvest in 

accordance with specific measures set 

out in § 301.32–4(d). We have 

determined that Hass avocados are a 

host for Mexican fruit fly and sapote 

fruit fly only after harvest; these 

measures are designed to prevent Hass 

avocados harvested in a quarantined 

area from being infested with these fruit 

flies after harvest. Avocados handled in 

accordance with these measures are 

thus allowed to move from the 

quarantined area without further 

restriction under the certificate. 

The regulations in ‘‘Subpart–Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–50, referred to below as 

the import regulations) prohibit or 

restrict the importation of fruits and 

vegetables into the United States from 

certain parts of the world to prevent the 

introduction and dissemination of plant 

pests that are new to or not widely 

distributed within the United States. 

The requirements for importing Hass 

variety avocados into the United States 

from Michoacan, Mexico, are described 

in § 319.56–30. Those requirements 

include pest surveys and pest riskreducing practices, treatment, 

packinghouse procedures, inspection, 

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18420 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

1To view the proposed rule, the comments we 

received, and the final rule, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2008-0126. 

2Plant Health Division Servicio Nacional de 

Sanidad Agraria (SENASA) Ministry of Agriculture 

& Technical Department Peruvian Hass Avocado 

Growers Association (ProHass), Nonhost Status of 

Commercial Avocado (Persea americana) ‘‘Hass’’ 

with respect to Ceratitis capitata, Anastrepha 

fraterculus, and Anastrepha striata (Diptera: 

Tephritidae) in Peru. (December 2010). 

and shipping procedures. Although 

Mediterranean fruit fly is not known to 

be present in Michoacan, Mexico, the 

regulations require that trapping be 

conducted for Mediterranean fruit fly 

and that any fruit fly finds are reported 

to the Animal and Plant Health 

Inspection Service (APHIS). 

The regulations in § 319.56–50 allow 

the importation into the continental 

United States of Hass avocados from 

Peru provided that the avocados 

originate from an area free of 

Mediterranean fruit fly or that the 

avocados have been treated for 

Mediterranean fruit fly in accordance 

with our phytosanitary treatment 

regulations in 7 CFR part 305. In 

addition, the regulations in § 319.56–50 

require that the avocados must either 

originate from an area within Peru that 

is free of South American fruit fly or an 

area with low pest prevalence for South 

American fruit fly and where trapping 

for South American fruit fly is 

conducted. 

In response to a proposed rule 1

published in the Federal Register on 

January 7, 2009 (74 FR 651–664, Docket 

No. APHIS–2008–0126), that led to 

establishment of the Peruvian Hass 

avocado provisions in § 319.56–50, the 

national plant protection organization 

(NPPO) of Peru commented that Hass 

avocados attached to trees are not hosts 

for the guava fruit fly (A. striata), or the 

South American fruit fly. In addition, 

the NPPO commented that there has 

never been a reported interception of 

Mediterranean fruit fly in Hass avocados 

from Peru. In our final rule published in 

the Federal Register and effective on 

January 4, 2010 (75 FR 1–13), we stated 

that more research would need to be 

done in accordance with APHIS’s 

survey and sampling protocol to 

confirm the commenter’s assertion with 

respect to Mediterranean fruit fly and 

South American fruit fly; we did, 

however, acknowledge that guava fruit 

fly has been demonstrated not to infest 

Hass avocados. Consequently, we did 

not finalize our proposed restrictions 

related to the movement of Hass 

avocados from areas where the guava 

fruit fly is present. 

In December 2010, the NPPO of Peru, 

in collaboration with the Peruvian Hass 

Avocado Growers Association 

(ProHass), submitted a report 2

supporting the assertion that Hass 

avocado is not a viable host for 

Mediterranean fruit fly or South 

American fruit fly and requested that we 

amend § 319.56–50 to relieve the 

restrictions associated with those fruit 

flies on the movement of Hass avocados 

from Peru. 

In response to the request by the 

NPPO of Peru, we prepared a 

commodity import evaluation document 

(CIED), titled ‘‘Host status of ‘‘Hass’’ 

avocados to Mediterranean fruit fly 

Ceratitis capitata (Wiedemann) and the 

South American fruit fly, Anastrepha 

fraterculus (Wiedemann),’’ which 

evaluated the host status of Hass 

avocados for Mediterranean fruit fly and 

South American fruit fly. The 

conclusions of the CIED, which 

considers recent research and other 

references on this topic, are consistent 

with the study by the NPPO of Peru and 

ProHass, which demonstrated that Hass 

avocados are conditional non-hosts of 

Mediterranean fruit fly and South 

American fruit fly (i.e., not hosts under 

field conditions). While infestation of 

Hass avocados within Peru by 

Mediterranean fruit fly and South 

American fruit fly were observed during 

laboratory infestation tests, all deposited 

eggs were encapsulated by callous 

tissues and died. The main risk is from 

avocado fruit that is outside of the 

normal population, i.e., the wrong 

cultivar, fruit left to become overripe on 

the tree, injured or damaged fruit, fruit 

picked up from the ground, or picked 

fruit left in the field for days. Copies of 

the CIED may be obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT or viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

Based on the findings of the study 

CIED, we believe that the trapping 

requirements for Mediterranean fruit fly 

for Hass avocados imported from the 

State of Michoacan, Mexico, the 

treatment requirements and origin 

restrictions for Mediterranean fruit fly 

for imported Hass avocados from Peru, 

and the trapping requirements and 

origin restrictions for South American 

fruit fly for imported Hass avocados 

from Peru are no longer warranted. 

Therefore, we are proposing to amend 

§ 319.56–30 by removing paragraph 

(c)(1)(iii), which contains trapping 

requirements for Mediterranean fruit 

flies in Michoacan, Mexico. We are also 

proposing to amend § 319.56–50 by 

removing paragraph (d), which requires 

that Hass avocados from Peru originate 

from places of production where 

trapping is conducted for South 

American fruit fly in Peru or from areas 

free of that pest; by removing paragraph 

(e), which requires that Hass avocados 

from Peru be treated for Mediterranean 

fruit fly or originate from an area in Peru 

free of that pest; and by removing 

paragraphs (j)(1) through (j)(3), which 

require that the phytosanitary certificate 

state that the Hass avocados in the 

consignment meet the requirements in 

paragraphs (d) and (e). In addition, we 

are proposing to amend paragraph (g) to 

remove the fruit cutting requirement for 

Hass avocados from Peru with respect to 

Mediterranean fruit fly and South 

American fruit fly and the requirement 

for treatment of Hass avocados from 

Peru for Mediterranean fruit fly. We 

would retain the fruit cutting 

requirement for avocado seed moth and 

the inspection for quarantine pests. We 

would continue to require that Hass 

avocados from Mexico and Peru 

undergo the post-harvest safeguarding 

and other requirements that currently 

apply for their importation into the 

United States and include requiring that 

fallen fruit be excluded from 

consignments, that harvested avocados 

be moved from the orchard to the 

packinghouse within 3 hours of harvest, 

and that avocados moving from the 

orchard to the packinghouse be 

protected from fruit fly infestations and 

be accompanied by a field record 

indicating the location of the avocados’ 

originating orchard. 

The findings of the CIED also support 

providing alternatives to treatment for 

domestic Hass avocado producers. 

Although there are currently no areas 

within the United States that are 

quarantined due to the presence of 

Mediterranean fruit fly, in order to make 

our domestic and foreign requirements 

for movement of Hass avocados 

consistent with each other, we are 

proposing to amend paragraph (d) in 

§ 301.32–4 to provide for the interstate 

movement of Hass avocados from 

Mediterranean fruit fly domestic 

quarantined areas under certificate if the 

fruit is safeguarded after harvest in 

accordance with specific phytosanitary 

measures. Those measures would be the 

same as those that currently apply to 

Hass avocados moving interstate from 

Mexican fruit fly and sapote fruit fly 

domestic quarantined areas and include 

requiring that fallen fruit be excluded 

from consignments, that harvested 

avocados be moved from the orchard to 

the packinghouse within 3 hours of 

harvest, and that avocados moving from 

the orchard to the packinghouse be 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18421 

protected from fruit fly infestations and 

be accompanied by a field record 

indicating the location of the avocados’ 

originating orchard. We do not have 

domestic quarantine regulations for 

South American fruit fly. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

In accordance with 5 U.S.C. 603, we 

have performed an initial regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this proposed rule 

on small entities. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

Entities potentially impacted by this 

rule include U.S. producers and 

importers of Hass avocados, most of 

which are considered small entities. The 

proposed rule may affect the quantity 

and/or price of Hass avocados imported 

from Mexico and Peru. In particular, 

Hass avocados imported from these 

countries may become more 

competitively priced, depending upon 

the costs of fruit fly quarantine 

measures relative to the other costs of 

producing and preparing the fruit for 

importation by the United States. APHIS 

does not have information on the extent 

to which the quantity or price of Hass 

avocado imports may be affected by the 

proposed rule. In addition, U.S. 

producers in areas quarantined for the 

Mediterranean fruit fly would benefit 

from the proposed rule by being able to 

move avocados out of the quarantined 

area under certificate. There are 

currently no areas in the United States 

quarantined because of Mediterranean 

fruit fly. 

Based on the information we have, 

there is no reason to conclude that 

adoption of this proposed rule would 

result in any significant economic effect 

on a substantial number of small 

entities. However, we do not currently 

have all of the data necessary for a 

comprehensive analysis of the effects of 

this proposed rule on small entities. 

Therefore, we are inviting comments on 

potential effects. In particular, we are 

interested in determining the number 

and kind of small entities that may 

incur benefits or costs from the 

implementation of this proposed rule. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects 

7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we propose to amend 7 

CFR parts 301 and 319 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

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 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

§ 301.32–4 [Amended] 

2. In § 301.32–4, paragraph (d) 

introductory text is amended by 

removing the word ‘‘Mexican’’ and 

adding the words ‘‘Mediterranean, 

Mexican,’’ in its place. 

PART 319—FOREIGN QUARANTINE 

NOTICES 

3. The authority citation for part 319 

continues to read as follows: 

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. 

§ 319.56–30 [Amended] 

4. Section 319.56–30 is amended by 

removing paragraph (c)(1)(iii). 

5. Section 319.56–50 is amended as 

follows: 

a. By revising paragraphs (b)(1) and 

(b)(2) to read as set forth below. 

b. By removing paragraphs (d) and (e) 

and redesignating paragraphs (f) through 

(j) as paragraphs (d) through (h), 

respectively. 

c. By revising newly redesignated 

paragraph (g) to read as set forth below. 

d. In newly redesignated paragraph 

(h) introductory text, by removing the 

words ‘‘In addition:’’ and by removing 

newly redesignated paragraphs (h)(1) 

through (h)(3). 

§ 319.56–50 Hass avocados from Peru. 

* * * * * 

(b) * * * (1) The NPPO of Peru must 

visit and inspect registered places of 

production monthly, starting at least 2 

months before harvest and continuing 

until the end of the shipping season, to 

verify that the growers are complying 

with the requirements of paragraphs (c) 

and (e) of this section and follow pest 

control guidelines, when necessary, to 

reduce quarantine pest populations. 

Any personnel conducting trapping and 

pest surveys under paragraph (d) of this 

section must be trained and supervised 

by the NPPO of Peru. APHIS may 

monitor the places of production if 

necessary. 

(2) In addition to conducting fruit 

inspections at the packinghouses, the 

NPPO of Peru must monitor 

packinghouse operations to verify that 

the packinghouses are complying with 

the requirements of paragraph (f) of this 

section. 

* * * * * 

(g) NPPO of Peru inspection. 

Following any post-harvest processing, 

inspectors from the NPPO of Peru must 

inspect a biometric sample of fruit from 

each place of production at a rate to be 

determined by APHIS. The inspectors 

must visually inspect for the quarantine 

pests listed in the introductory text of 

this section and must cut fruit to inspect 

for S. catenifer. If any quarantine pests 

are detected in this inspection, the place 

of production where the infested 

avocados were grown will immediately 

be suspended from the export program 

until an investigation has been 

conducted by APHIS and the NPPO of 

Peru and appropriate mitigations have 

been implemented. 

* * * * * 

Done in Washington, DC, this 29th day of 

March 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–7894 Filed 4–1–11; 8:45 am] 

BILLING CODE 3410–34–P 

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