[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Rules and Regulations]
[Pages 8087-8089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3124]



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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 
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Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / 
Rules and Regulations

[[Page 8087]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 318

[Docket No. APHIS-2006-0027]
RIN 0579-AC15


Interstate Movement of Fruits and Vegetables From Hawaii

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations to remove vapor heat treatment 
as an approved treatment for bell pepper, eggplant, Italian squash, and 
tomato moved interstate from Hawaii. This action is necessary because 
these four commodities can serve as hosts for the solanum fruit fly, 
which has been detected in Hawaii. Vapor heat treatment is not an 
approved treatment for that pest. We are also providing for the use of 
irradiation as an approved treatment for all Capsicum spp. (peppers) 
and Cucurbita spp. (squash) moved interstate from Hawaii. This action 
will relieve unnecessary restrictions on the interstate movement of 
peppers and squash and allow a greater variety of Capsicum spp. and 
Cucurbita spp. to be moved interstate from Hawaii.

EFFECTIVE DATE: March 26, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737-1236; (301) 734-8758.

SUPPLEMENTARY INFORMATION:

Background

    The Hawaiian fruits and vegetables regulations, contained in 7 CFR 
318.13 through 318.13-17 (referred to below as the regulations), 
govern, among other things, the interstate movement of fruits and 
vegetables from Hawaii. Regulation is necessary to prevent the spread 
of dangerous plant diseases and pests that occur in Hawaii. Some fruits 
and vegetables regulated under the Hawaiian fruits and vegetables 
regulations are allowed to move interstate if they are treated with an 
approved treatment for certain plant pests. Lists of approved 
treatments for these fruits and vegetables and requirements for 
conducting these treatments are contained in 7 CFR part 305.
    On October 11, 2006, we published in the Federal Register (71 FR 
59694-59696, Docket No. APHIS-2006-0027) a proposal \1\ to amend the 
regulations by removing vapor heat treatment as an approved treatment 
for bell pepper, eggplant, Italian squash, and tomato moved interstate 
from Hawaii. We proposed this action because these four commodities can 
serve as hosts for the solanum fruit fly, which has been detected in 
Hawaii, and vapor heat treatment is not an approved treatment for that 
pest. We also proposed to provide for the use of irradiation as an 
approved treatment for all Capsicum spp. (peppers) and Cucurbita spp. 
(squash) moved interstate from Hawaii. Treatment with irradiation is 
approved to neutralize all fruit flies of the family Tephritidae.
---------------------------------------------------------------------------

    \1\ To view the proposed rule go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2006-0027, then click 
``Submit.'' Clicking on the Docket ID link in the search results 
page will produce a list of all documents in the docket.
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    We solicited comments concerning our proposal for 60 days ending 
December 11, 2006. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. The 
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.
    This rule is in response to a species of fruit fly that has been 
detected in Hawaii, the solanum fruit fly (Bactrocera latifrons). Bell 
peppers, eggplant, Italian squash, and tomatoes are the four 
commodities for which vapor heat treatment has been an approved 
treatment that are affected by the solanum fruit fly. Because limited 
research has been done regarding the effectiveness of vapor heat 
treatment at neutralizing solanum fruit fly, APHIS is removing vapor 
heat treatment from the list of approved treatments for bell peppers, 
eggplant, Italian squash, and tomatoes moved interstate from Hawaii.
    While vapor heat treatment will no longer be an approved treatment, 
irradiation is an approved treatment for the interstate movement of 
bell peppers and Italian squash from Hawaii. We are amending the 
regulations to approve irradiation as a treatment for all species of 
the genus Capsicum (peppers), not just bell peppers, and all species of 
the genus Cucurbita (squash), not just the Italian squash. APHIS has 
previously determined that an irradiation dose of 150 gray is 
sufficient to neutralize all fruit flies that affect Capsicum spp. and 
Cucurbita spp. in Hawaii, including the solanum fruit fly.
    Approximately $15.4 million worth of eggplant, green peppers, 
Italian squash, Oriental squash, and tomatoes were produced in the 
State of Hawaii in 2004, amounting to 52 million pounds (table 1). 
However, none of the eggplant, green peppers, Italian squash, or 
tomatoes produced in Hawaii in 2004 was moved interstate to the U.S. 
mainland. According to the Hawaii Department of Agriculture, none of 
these commodities has been moved interstate from Hawaii to the U.S. 
mainland within the last 2 years.

[[Page 8088]]



  Table 1.--Production and Value of Hawaiian Eggplant, Peppers, Squash,
                           and Tomatoes, 2004
------------------------------------------------------------------------
                Commodity                  Quantity (lb)       Value
------------------------------------------------------------------------
Eggplant................................       1,050,000        $809,000
Peppers (Green).........................       3,200,000       2,208,000
Squash (Italian, Oriental)..............       2,350,000       1,263,000
Tomatoes................................      16,800,000      11,088,000
                                         -------------------------------
    Total...............................      52,200,000      15,368,000
------------------------------------------------------------------------
Source: USDA, Hawaii Agricultural Statistics, 2006.

    The regulations will continue to give Hawaiian entities the 
opportunity to move Capsicum spp. and Cucurbita spp. interstate. While 
vapor heat treatment will no longer be an approved treatment for bell 
peppers and Italian squash, irradiation will become an approved 
treatment for all Capsicum spp. and Cucurbita spp. Irradiation will 
continue to be an approved treatment for eggplant and tomatoes as well.
    Accordingly, we do not expect that this rule will have a 
significant economic impact on a substantial number of small entities. 
This rule is necessary to safeguard the U.S. mainland from the 
introduction of solanum fruit fly (Bactrocera latifrons). Because in 
recent years eggplant, peppers, squash, and tomatoes have not been 
moved interstate from Hawaii, the rule is not expected to have a 
significant impact on small or large entities.
    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

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Lists of Subjects

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.

0
Accordingly, we are amending 7 CFR parts 305 and 318 as follows:

PART 305--PHYTOSANITARY TREATMENTS

0
1. The authority citation for part 305 continues to read as follows:

    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.


0
2. In Sec.  305.2, in the table in paragraph (h)(2)(ii), the entry for 
Hawaii is amended as follows:
0
a. By removing the entries for ``Bell pepper'' and ``Squash, Italian''.
0
b. By adding, in alphabetical order, entries for ``Capsicum spp. 
(peppers)'' and ``Cucurbita spp. (squash)'' to read as set forth below.
0
c. By revising the entries for ``Eggplant'' and ``Tomato'' to read as 
set forth below


Sec.  305.2  Approved treatments.

* * * * *
    (h) * * *
    (2) * * *
    (ii) * * *

----------------------------------------------------------------------------------------------------------------
              Location                      Commodity                    Pest               Treatment  schedule
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Hawaii.............................  ......................  ...........................  ......................
 
                                                  * * * * * * *
                                     Capsicum spp.           Fruit flies of the family    IR.
                                      (peppers).              Tephritidae.
 
                                                  * * * * * * *
                                     Cucurbita spp.          Fruit flies of the family    IR.
                                      (squash).               Tephritidae.
                                     Eggplant..............  Fruit flies of the family    IR.
                                                              Tephritidae.
 
                                                  * * * * * * *
                                     Tomato................  Fruit flies of the family    IR. MB T101-c-3.
                                                              Tephritidae Ceratitis
                                                              capitata.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
3. In Sec.  305.34, in paragraph (a)(1), the table is amended as 
follows:
0
a. By removing the entries for ``Bell pepper'' and ``Italian squash''.

[[Page 8089]]

0
b. By adding, in alphabetical order, entries for ``Capsicum spp. 
(peppers)'' and ``Cucurbita spp. (squash)'' to read as set forth below.


Sec.  305.34  Irradiation treatment of certain fruits and vegetables 
from Hawaii, Puerto Rico, and the U.S. Virgin Islands.

    (a) * * *
    (1) * * *

      Irradiation for Plant Pests in Hawaiian Fruits and Vegetables
------------------------------------------------------------------------
                        Commodity                           Dose (gray)
------------------------------------------------------------------------
 
                                * * * * *
Capsicum spp. (peppers).................................             150
 
                                * * * * *
Cucurbita spp. (squash).................................             150
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

0
4. 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.


Sec.  318.13-4b  [Amended]

0
5. In Sec.  318.13-4b, paragraph (b) is amended as follows:
0
a. By removing the words ``bell peppers'' and adding the words 
``Capsicum spp. (peppers)'' in their place.
0
b. By adding the words ``Cucurbita spp. (squash),'' after the word 
``carambolas,''.
0
c. By removing the words ``Italian squash,''.


Sec.  318.13-4f  [Amended]

0
6. Section 318.13-4f is amended as follows:
0
a. By removing the words ``bell pepper'' and adding the words 
``Capsicum spp. (peppers)'' in their place.
0
b. By adding the words ``Cucurbita spp. (squash),'' after the word 
``carambola,''.
0
c. By removing the words ``Italian squash,''.

    Done in Washington, DC, this 16th day of February 2007.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-3124 Filed 2-22-07; 8:45 am]
BILLING CODE 3410-34-P