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[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Proposed Rules]
[Pages 8987-8992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02781]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 318

[Docket No. APHIS-2012-0008]
RIN 0579-AD70

Interstate Movement of Sharwil Avocados From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the Hawaii quarantine regulations to 
allow the interstate movement of untreated Sharwil avocados from Hawaii 
into the continental United States. As a condition of movement, Sharwil 
avocados from Hawaii would have to be produced in accordance with a 
systems approach that would include requirements for registration and 
monitoring of places of production and packinghouses, an orchard 
trapping program, grove sanitation, limits on harvest periods and 
distribution areas, and harvesting and packing requirements to ensure 
that only intact fruit that have been protected against infestation are 
shipped. This action would allow for the interstate movement of Sharwil 
avocados from Hawaii into other States while continuing to provide 
protection against the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before April 
8, 2013.

[[Page 8988]]

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0008-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0008, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0008 or in our reading Room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Regulatory Policy 
Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2103.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in 7 CFR part 318, ``State of Hawaii and 
Territories Quarantine Notices'' (referred to below as the 
regulations), the Animal and Plant Health Inspection Service (APHIS) of 
the U.S. Department of Agriculture (USDA or the Department) prohibits 
or restricts the interstate movement of fruits, vegetables, and other 
products from Hawaii, Puerto Rico, the U.S. Virgin Islands, and Guam to 
the continental United States to prevent the spread of plant pests that 
occur in Hawaii and the territories.
    Among other things, the regulations allow interstate movement of 
Sharwil avocados from Hawaii to the continental United States only if 
the avocados undergo fumigation, or combined fumigation and cold 
treatment for fruit flies. The regulations also allow untreated Sharwil 
avocados to move to Alaska, which has a climate where fruit flies 
cannot become established. APHIS has received a request from the Hawaii 
Department of Agriculture to allow interstate movement of untreated 
mature green Sharwil avocado fruit into the lower 48 continental United 
States. The treatments currently required for the movement of Sharwil 
avocados can have unacceptable adverse effects on the quality of the 
fruit.
    We have evaluated the plant pest risks associated with this request 
and have prepared a pest risk assessment\1\ (PRA) and a risk management 
document\2\ (RMD). The PRA identified relevant pests of Sharwil avocado 
in Hawaii and examined the risks associated with the movement of 
Sharwil avocados into the continental United States. The RMD concludes 
that a systems approach could effectively mitigate the pest risk 
associated with such movement.
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    \1\ ``Qualitative Pathway-Initiated Risk Assessment for the 
Movement of Mature Green Sharwil Avocado, Persea Americana Mill., 
from Hawaii into Continental United States.'' Available at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0008.
    \2\ ``Interstate Movement of Mature Green `Sharwil' Avocado, 
Persea americana Mill. from Hawaii into the Continental United 
States.'' September, 2011. Available at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0008.
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    System approaches have been used successfully to authorize the 
importation of a variety of fruits and vegetables under the regulations 
in 7 CFR part 319, such as tomatoes from Spain, France, Morocco, Chile, 
and Central America (Sec.  319.56-28), citrus from Chile (Sec.  319.56-
38), and peppers and pitaya from Central America (Sec. Sec.  319.56-40 
and 319.56-55). We have also successfully applied such an approach to 
import Hass avocados from Mexico under a systems approach for Stenoma 
catenifer, seed and stem weevils, and fruit flies for over 8 years with 
no interceptions of quarantine pests. This proposed rule describes the 
systems approach APHIS has developed for movement of fresh Sharwil 
avocados from Hawaii into the continental United States.
    APHIS previously allowed Hawaiian Sharwil avocados to move 
interstate to the lower 48 continental United States. This decision was 
based on research in the 1980s that showed that mature green Hawaiian 
Sharwil avocados are an extremely poor host for the Oriental fruit fly 
(Bactrocera dorsalis) and are not naturally infested with Mediterranean 
fruit (Ceratitis capitata (Wiedemann)) or melon fly (Bactrocera 
cucurbitae). However, in February 1992, Oriental fruit fly larvae were 
found in fruit that was qualified for interstate shipment from Hawaii 
under the previous systems approach, and APHIS ended the program based 
on these larval finds in an interim rule published and effective on 
July 15, 1992 (57 FR 31306-31307, Docket No. 92-081-1).
    More recent research on Sharwil avocado host status to fruit flies 
has identified the weaknesses of the earlier program and suggests how a 
new systems approach can be made effective. Liquido et al. (1995) \3\ 
surveyed for field infestation of fruit flies in mature green Sharwil 
avocados on Kona in 1992 and 1993. Surveys were done in March-August 
1992 and in September 1992-May 1993, with 5,004 samples, 4,888 of which 
were mature green fruits with pedicel firmly attached on the tree at 
the time of sampling. Out of 1,047 fruit samples collected in March 
1992, 4 mature green fruits with pedicel firmly attached to the tree 
during sampling were infested with Oriental fruit flies; only 1 of 
these infested fruit had no morphological aberration. During this field 
survey, the area was experiencing a severe drought, and the only 
infested samples were found in what were considered late-season fruits. 
All fruit samples during the September 1992-May 1993 census had no 
fruit fly infestation. No other species of fruit flies were found. 
Liquido et al. (1995) concluded that drought was the primary cause of 
the breakdown of resistance mechanisms in Sharwil avocados. Follett 
(2009) \4\ investigated puncture resistance of `Sharwil' avocados, and 
Follett and Vargas (2010) \5\ proposed a modified version of the 
original systems approach which included measures adapted to this 
proposed rule. Klungness et al. (2009) \6\ found that fruit fly 
populations were consistently low in Sharwil avocado orchards in 
Hawaii, and found only 4 larvae in 2 fruit from 489 fruit collected 
from the ground, both fruit from the same farm.
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    \3\ Liquido, N.J., H.T. Chan Jr., and G.T. McQuate. 1995. 
Hawaiian tephritid fruit flies (Diptera): Integrity of the 
infestation-free quarantine procedure for `Sharwil' avocado. J. 
Econ. Entomol. 88(1): 85-96.
    \4\ Follett, P.A. 2009. Puncture resistance in `Sharwil' 
avocados to oriental fruit fly and Mediterranean fruit fly (Diptera: 
Tephritidae) oviposition. Journal of Economic Entomology. 102: 921-
926.
    \5\ Follett, P.A., Vargas, R.I., Jang, E.B. 2010. A Systems 
Approach to Mitigate Oriental Fruit Fly Risk in `Sharwil' Avocados 
Exported From Hawaii. Acta Horticulturae. Acta Horticulturae. 880: 
439-445.
    \6\ Klungness, L.M., Vargas, R.I., Jang, E.B., Mau, R.F., 
Kinney, K. 2009. Susceptibility of ripe Avocado to Invasive Alien 
Fruit Flies (Tephritidae) on the Island of Hawaii. Hawaiian 
Entomological Society Proceedings. 41:1-13 2009.
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    This research suggests conditions that foster infestation by fruit 
flies may be very localized and specific to certain areas and certain 
times. The natural resistance of Sharwil avocados to fruit fly 
infestation appears to break down with increase in fruit maturity or 
degree of ripeness and after harvest. Based on the research by Liquido 
et al. (1995), Sharwil avocados are not hosts of Oriental fruit flies 
under normal conditions but may become poor hosts of Oriental fruit fly 
under certain field

[[Page 8989]]

conditions that may include water stress and nutritional deficiencies. 
Specifically, the failure in the Sharwil avocado program in 1991 
involved unusual conditions that included soft fruit and uncontrolled 
fruit fly populations, conditions the new proposed systems approach is 
designed to avoid.
    The PRA identified one quarantine pest with a high unmitigated risk 
potential, the Oriental fruit fly (B. dorsalis (Hendel)). It also 
identified eight quarantine pests with medium unmitigated risk 
potential. These include the scale insects, mealybugs, and moths 
Ceroplastes rubens Maskell, Dysmicoccus neobrevipes Beardsley, 
Maconellicoccus hirsutus (Green), Nipaecoccus viridis (Newstead), 
Paracoccus marginatus Williams and Granara de Willink, Pseudococcus 
cryptus Hempel, Epiphyas postvittana (Walker), and Cryptoblabes 
gnidiella Milli[egrave]re. The PRA also identified the scale insect 
Coccus viridis (Green) and Planococcus minor (Maskell) as quarantine 
pests of concern, but we recently established that these pests no 
longer meets our definition of a quarantine pest and added them to our 
list \7\ of pests that we no longer regulate.
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    \7\ This list can be viewed at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/non-reg-pests.shtml.
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    The pests with medium unmitigated risk potential can be readily 
discerned during inspection of avocados, where inspectors can see 
either the pests themselves or evidence of their presence. We believe 
that spread of these pests can be prevented by inspection of a 
biometric sample of fruit for quarantine pests of concern at the 
packinghouse facility. However, APHIS has determined that measures 
beyond standard predeparture inspection are required to mitigate the 
risks posed by B. dorsalis.
    Based on the recommendations of the RMD, the systems approach we 
are proposing would require:
     Registration, monitoring, and oversight of places of 
production to ensure that the fruit is produced in compliance with 
requirements of the systems approach;
     An orchard sanitation program under which fallen fruit and 
culls must be removed from the harvest area;
     Trapping and orchard control for B. dorsalis at the place 
of production;
     A limited harvest period and harvesting requirements to 
ensure that the fruit are harvested only at the mature green stage with 
stems attached;
     Post-harvest inspection of a biometric sample of the 
fruit;
     Packing only at a registered, screened packinghouse that 
maintains fruit identity and safeguards against infestation;
     Box marking to maintain fruit identity;
     Limited distribution areas for the fruit in the 
continental United States; and
     A compliance agreement executed in accordance with Sec.  
318.13-3(d) in which the grower agrees to comply with all the 
requirements of the systems approach.
    Growers of Sharwil avocados who wish to ship to the continental 
United States would have to register their orchards and packinghouses 
with APHIS so that we can ensure that they meet the requirements of the 
systems approach with regard to their orchards, packinghouses, and 
operations, as described below. Registration also gives APHIS the 
opportunity to visit and inspect the premises as necessary to monitor 
compliance and to ensure that only Sharwil avocado trees are harvested 
for shipment under this program. During registration, growers also 
should usually be able to sign the compliance agreement discussed 
below.
    We would require a place of production sanitation program mainly to 
ensure that fallen and damaged fruit and debris do not facilitate high 
pest populations, and to ensure that fallen fruit are not inadvertently 
collected during harvest and packed with intact mature fruit picked 
from the trees. This is needed because, while B. dorsalis infestations 
in mature green Sharwil with intact stems is very unlikely under 
natural field conditions, the nature of resistance Sharwil possesses 
does not ensure that infestation could not occur in overripe, soft, or 
damaged fruit. For the same reason, we would require that the fruit be 
harvested only at the mature hard green stage with stems attached.
    Beginning at least 1 month before harvest begins and continuing 
through the completion of harvest, fruit fly traps would have to be 
maintained in the place of production where the avocados were grown. 
Specific trapping requirements would be included in the compliance 
agreement and would be adjusted as necessary to ensure that trapping is 
effective. APHIS-approved traps baited with APHIS-approved lures would 
have to be used. The producer would have to keep records of the trap 
locations and fruit fly finds for each trap and make the records 
available to APHIS upon request. The records would have to be 
maintained for at least 1 year. This condition would ensure the 
earliest possible detection of increasing populations of fruit flies in 
and around fields where avocados are grown.
    Additional specific trapping requirements and actions required if 
B. dorsalis is found in traps would be included in the compliance 
agreement and would be adjusted as necessary to ensure that trapping is 
effective. If B. dorsalis is detected by the trapping at an actionable 
rate as specified in the compliance agreement, control actions required 
by the compliance agreement or ordered by an inspector must be taken. 
Consistent with the recommendations of the RMD, the compliance 
agreement would initially require bait sprays approved by APHIS to be 
used to control fruit flies in the orchard if B. dorsalis is detected 
by the trapping at a rate above 0.4 flies per trap per day.
    The harvest period would be limited to November 1 through March 31. 
Limiting the harvest season will prevent overripe fruit that are more 
susceptible to pests from entering the pathway. Late in the harvest 
season, overripe fruit are more likely to be found in the orchard and 
might be picked by accident.
    Packing could be performed only at a registered, screened 
packinghouse that maintains fruit identity and safeguards against 
infestation. The fruit would be packed in boxes marked ``Distribution 
limited to the following States: CO, CT, DE, DC, ID, IL, IN, IA, KS, 
KY, ME, MD, MA, MI, MN, MO, MT, NE., NH, NJ, NY, ND, OH, PA, RI, SD, 
UT, VT, VA, WA, WV, WI, and WY.'' The consignment also would be 
identified in accordance with the requirements of Sec.  318.13-3(g).
    Distribution of Sharwil avocados in the continental United States 
would be limited to 32 northern-tier States and the District of 
Columbia. The limited distribution would ensure that if any fruit with 
fruit flies are shipped, the hosts and climate conditions at their 
destination will not allow them to reproduce.
    The allowed destinations would be Colorado, Connecticut, Delaware, 
District of Columbia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, 
Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, 
Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, 
Washington, West Virginia, Wisconsin, and Wyoming.
    We would also require that persons who move avocados in accordance 
with the regulations would have to sign a compliance agreement agreeing 
to comply with such conditions as may be required by an inspector in 
each specific case to prevent infestation of the

[[Page 8990]]

avocados and spread of B. dorsalis. This compliance agreement is needed 
both to aid enforcement and to adapt implementation of the regulations 
to each distinct situation. Individual compliance agreements would help 
to ensure that growers are not burdened by requirements if they are not 
necessary due to the situation or operations at their particular 
premises. Compliance agreements can also provide detailed guidance on 
how to comply with regulatory requirements in a grower's particular 
situation. The nature and operations of compliance agreements are 
described in the current regulations in Sec.  318.13-3(d). Each 
compliance agreement will specify safeguards necessary for the 
particular situation.
    Following harvest, a biometric sample of the fruit would be 
inspected by APHIS following any post-harvest processing. A biometric 
sample of a size determined by APHIS would be visually inspected for 
quarantine pests, and a portion of the fruit will be cut open to detect 
internal pests, including B. dorsalis. If any B. dorsalis are found, 
the entire consignment of avocados would be prohibited from movement to 
the destination States allowed by this rule, and the place of 
production producing that fruit will be suspended from the interstate 
shipment program until APHIS conducts an investigation and appropriate 
remedial actions have been implemented. If any other quarantine pests, 
but not B. dorsalis, are found, the entire consignment of avocados will 
be prohibited from interstate movement unless it is treated with an 
approved quarantine treatment monitored by APHIS.
    Sharwil avocados produced under this systems approach will be 
inspected by APHIS as part of predeparture clearance inspections in 
Hawaii. Infested consignments will be rejected, and APHIS will conduct 
traceback to identify and correct problems. When necessary, corrective 
action will include removal of the packinghouse and orchard from the 
interstate movement program.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been 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 the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities.
    This proposed rule would allow the interstate movement of untreated 
Sharwil avocados from Hawaii into the continental United States if the 
avocados are produced in accordance with a systems approach to prevent 
the spread of B. dorsalis and other pests.
    The 2007 Census of Agriculture reported that there were a total of 
8,245 avocado farms in the United States, with about 76 percent in 
California, 13 percent in Hawaii, and 11 percent in Florida. Average 
gross receipts for California avocado producers for the 2007-08 season 
was about $52,700, compared to average receipts of about $12,700 for 
Florida's growers and about $750 for Hawaii's growers. The Small 
Business Administration's small-entity standard for avocado farms is 
annual receipts of not more than $750,000. While nearly all U.S. 
avocado operations are small entities, it is evident that there is 
significant variation among the three States in average farm size.
    We anticipate that Sharwil avocado consignments from Hawaii to the 
mainland would total about 180 metric tons per year, equivalent to 
about one-half of 1 percent of the U.S. supply of non-Hass avocados and 
to less than one-twentieth of 1 percent of the U.S. supply of all 
avocado varieties. They would be shipped between November and March, 
supplementing winter supplies.
    Hawaii avocado production is estimated at 1.0 million pounds for 
the 2008-09 season, and 660,000 pounds for the 2009-10 season. The 
decline appears to be associated with adverse weather conditions.
    Avocado production in the United States largely takes place in 
California, where nearly all of the fruit grown is of the small, dark-
colored, rough-skinned Hass variety. In Florida and Hawaii, varieties 
like the Sharwil, which is much larger and bright green in color, are 
predominant. Most avocado imports and exports by the United States are 
Hass. Given our limited understanding of the strength of consumers' 
preferences for the various avocado varieties (that is, their degree of 
substitutability), we consider potential effects of the proposed rule 
for producers of non-Hass varieties as well as for all U.S. avocado 
farmers.\8\
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    \8\ One indicator of distinct markets is sizable price 
differences. For the four production years 2006-07 through 2009-10, 
California avocados had an average wholesale price of 96 cents per 
pound, compared to 70 cents per pound for Hawaii avocados and 30 
cents per pound for Florida avocados. (2011 Agricultural Statistics 
Annual, Table 5-16. http://www.nass.usda.gov/Publications/Ag_Statistics/2011/Chapter05.pdf).
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    While the proposed rule would benefit Hawaiian avocado producers by 
allowing them to use a systems approach to mitigate pest risk, making 
the sale of Sharwil avocados to the continental United States more 
economically feasible, the quantity that is expected to be shipped 
would not significantly affect the mainland avocado market overall or 
the more limited market for non-Hass varieties. With imports providing 
one-third of the U.S. supply of non-Hass avocados and two-thirds of the 
U.S. supply of all avocados, any effects of the proposed rule for U.S. 
mainland producers would be further muted. Moreover, the Sharwil 
avocados from Hawaii would be shipped between November and March, when 
there is increased reliance on foreign suppliers. Any market effects of 
the proposed rule could be expected to be borne proportionately by 
avocados supplied from abroad during the winter months.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2012-0008. Please send a copy of your comments to: (1) Docket No. 
APHIS-2012-0008, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer,

[[Page 8991]]

OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    Allowing the interstate movement of Sharwil avocados from Hawaii 
into the continental United States would require production and 
packinghouse site registrations, box markings, and compliance 
agreements. We are soliciting comments from the public (as well as 
affected agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.037540 hours per response.
    Respondents: Producers and importers of avocados.
    Estimated annual number of respondents: 30.
    Estimated annual number of responses per respondent: 51.5.
    Estimated annual number of responses: 1,545.
    Estimated total annual burden on respondents: 58 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

Lists of Subjects in 7 CFR Part 318

    Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and 
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin 
Islands.

    Accordingly, we propose to amend 7 CFR part 318 as follows:

PART 318--STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES

0
1. The authority citation for part 318 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.

0
2. A new Sec.  318.13-20 is added to read as follows:

Sec.  318.13-20  Sharwil avocados from Hawaii to continental United 
States.

    Commercial shipments of Sharwil avocados may be moved interstate 
from Hawaii to the continental United States without treatment under 
the following conditions:
    (a) Registration. Persons wishing to move Sharwil avocados in 
accordance with this section must register the avocados' place of 
production and the packinghouse that packs the avocados. A registration 
form may be obtained from local APHIS offices in Hawaii. Persons 
registering places of production or packinghouses must agree to allow 
inspectors access to the places of production and packinghouses as 
necessary to monitor compliance with this section.
    (b) Grove sanitation. Avocado fruit that has fallen from the trees 
must be removed from each place of production at least once every 7 
days and in compliance with any schedule specified in the compliance 
agreement required in paragraph (h) of this section. Fallen avocado 
fruit may not be included in field containers of fruit brought to the 
packinghouse to be packed for interstate movement.
    (c) Trapping and orchard control. (1) Beginning at least 1 month 
before harvest, the place of production of the avocados must have a 
trapping system in place for B. dorsalis that complies with all 
conditions specified in the compliance agreement required in paragraph 
(h) of this section. APHIS-approved traps and APHIS-approved lures must 
be used, and the place of production or the packinghouse must retain 
for at least 1 year data regarding the number and location of the 
traps, as well as any fruit flies that have been caught, and make this 
information available to APHIS upon request.
    (2) If B. dorsalis is detected by the trapping at an actionable 
rate as specified in the compliance agreement, control actions required 
by the compliance agreement or ordered by an inspector must be taken.
    (d) Harvesting requirements. Avocados may only be harvested between 
November 1 and March 31. Avocados must be hard ripe fruit at the mature 
green stage with stems attached. Fruit must not indent with moderate 
finger pressure and no part of the fruit shall be soft. The fruit must 
be moved to a registered packinghouse within 12 hours of harvest or 
must be protected from fruit fly infestation until moved. The fruit 
must be safeguarded by an insect-proof screen or plastic tarpaulin 
while in transit to the packinghouse and while awaiting packing.
    (e) Packinghouse requirements. During the time registered 
packinghouses are in use for packing avocados for movement to the 
continental United States, the packinghouses may only accept avocados 
that are from registered places of production and that are produced in 
accordance with the requirements of this section and of the compliance 
agreement required in paragraph (h) of this section.
    (1) Avocados must be packed within 24 hours of harvest in an 
insect-exclusionary packinghouse. All openings to the outside of the 
packinghouse must be covered by screening with openings of not more 
than 1.6 mm or by some other barrier that prevents pests from entering.
    (2) Fruit must be packed in insect-proof packaging, or covered with 
insect-proof mesh or a plastic tarpaulin, for transport to the 
continental United States. These safeguards must remain intact until 
arrival in the continental United States.
    (3) Fruit boxes must be clearly marked ``Distribution limited to 
the following States: CO, CT, DE, DC, ID, IL, IN, IA, KS, KY, ME, MD, 
MA, MI, MN, MO, MT, NE., NH, NJ, NY, ND, OH, PA, RI, SD, UT, VT, VA, 
WA, WV, WI, and WY'' and each consignment must be identified in 
accordance with the requirements of Sec.  318.13-3(g).
    (f) Inspection. A biometric sample of a size determined by APHIS 
will be visually inspected for quarantine pests by an inspector, and a 
portion of the fruit will be cut open to detect internal pests, 
including B. dorsalis. If any quarantine pests are found, the entire 
consignment of avocados will be

[[Page 8992]]

prohibited from interstate movement unless it is treated with an 
approved quarantine treatment monitored by APHIS. If any B. dorsalis 
are found, the entire consignment of avocados will be prohibited from 
interstate movement, and the place of production producing that fruit 
will be suspended from the interstate shipment program until APHIS 
conducts an investigation and appropriate remedial actions have been 
implemented.
    (g) Limited distribution. No Sharwil avocados moved under this 
program may be shipped to locations in the continental United States 
other than Colorado, Connecticut, Delaware, District of Columbia, 
Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New 
Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, 
Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West 
Virginia, Wisconsin, and Wyoming.
    (h) Compliance agreement. Persons wishing to move avocados in 
accordance with this section must sign a compliance agreement in 
accordance with Sec.  318.13-3(d) of this part in which he or she 
agrees to comply with such conditions as may be required by the 
inspector in each specific case to prevent infestation.

    Done in Washington, DC, this 4th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-02781 Filed 2-6-13; 8:45 am]
BILLING CODE 3410-34-P
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