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

27225 

Vol. 75, No. 93 

Friday, May 14, 2010 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS-2008-0060] 

RIN 0579-AD13 

Hass Avocados from Mexico; 

Importation into the Commonwealth of 

Puerto Rico and Other Changes 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

our fruits and vegetables regulations to 

provide for the importation of Hass 

avocados from Mexico into Puerto Rico 

under the same systems approach 

currently required for the importation of 

Hass avocados into all States of the 

United States from Michoaca ́n, Mexico. 

The systems approach requirements 

include trapping, orchard certification, 

limited production area, trace back 

labeling, pre-harvest orchard surveys for 

all pests, orchard sanitation, postharvest safeguards, fruit cutting and 

inspection at the packinghouse, port-ofarrival inspection, and clearance 

activities. This action would allow for 

the importation of Hass avocados from 

Michoaca ́n, Mexico, into Puerto Rico 

while continuing to provide protection 

against the introduction of quarantine 

pests. In addition, we are proposing to 

amend the regulations to provide for the 

Mexican national plant protection 

organization to use an approved 

designee to inspect avocados for export 

and to suspend importation of avocados 

into the United States from Michoaca ́n, 

Mexico, only from specific orchards or 

packinghouses when quarantine pests 

are detected, rather than suspending 

imports from the entire municipality 

where the affected orchards or 

packinghouses are located. These 

changes would provide additional 

flexibility in operating the export 

program while continuing to provide 

protection against the introduction of 

quarantine pests. 

DATES: We will consider all comments 

that we receive on or before July 13, 

2010. 

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-2008-0060) 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-2008-0060, 

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. APHIS2008-0060. 

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. 

David B. Lamb, Import Specialist, 

Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737- 

1231; (301) 734-0627. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘SubpartFruits and Vegetables’’ (7 CFR 319.56 

through 319.56–50), the Animal and 

Plant Health Inspection Service (APHIS) 

prohibits or restricts the importation of 

fruits and vegetables into the United 

States from certain parts of the world to 

prevent plant pests from being 

introduced into and spread within the 

United States. The requirements for 

importing Hass avocados into the 

United States from Michoaca ́n, Mexico, 

are described in § 319.56-30. Those 

requirements include pest surveys and 

pest risk-reducing practices, treatment, 

packinghouse procedures, inspection, 

and shipping procedures. 

In this document, we are proposing 

to: 

∑ Allow the importation of Hass 

avocados from Michoaca ́n, Mexico, into 

Puerto Rico, under the same conditions 

required for importation into the 50 

States; 

∑ Provide for the Mexican national 

plant protection organization (NPPO) to 

use an approved designee to inspect 

avocados for export; and 

∑ Limit the scope of suspension of 

export certification to the orchard or 

packinghouse in which pests are found, 

rather than the municipality in which 

the orchard or packinghouse is located. 

These changes are discussed directly 

below. 

Importation of Hass Avocados from 

Michoaca ́n, Mexico, into Puerto Rico 

In a final rule published on November 

30, 2004 in the Federal Register (69 FR 

69749-69722, Docket No. 03-022-5) and 

effective on January 31, 2005, we 

amended the regulations governing the 

importation of fruits and vegetables to 

expand the number of States in which 

fresh Hass avocado fruit grown in 

approved orchards in approved 

municipalities in Michoaca ́n, Mexico, 

may be distributed. Currently, Hass 

avocados from Michoaca ́n, Mexico, are 

permitted entry into the 50 States if they 

are produced in accordance with the 

requirements of a systems approach as 

provided in § 319.56-30. This action was 

based on a pest risk assessment (PRA), 

‘‘Importation of Avocado Fruit (Persea 

americana Mill. var. ‘Hass’), from 

Mexico, A Risk Assessment’’ (November 

2004), which evaluated the risk of 

permitting the importation of Mexican 

Hass avocados only into the 50 States. 

At the request of the Government of 

Mexico, we prepared a commodity 

import evaluation document (CIED) to 

determine what phytosanitary measures 

should be applied to mitigate the pest 

risk associated with the importation of 

Hass avocados from Michoaca ́n, Mexico, 

into the Commonwealth of Puerto Rico. 

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). 

In the CIED, titled ‘‘Importation of 

Hass Avocado fruit from Michoaca ́n, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
27226 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules 

1To view this and other ISPMs on the Internet, 

go to (http://www.ippc.int/) and click on the 

‘‘Adopted Standards’’ link under the ‘‘Core 

activities’’ heading. 

Mexico into Puerto Rico’’ (September 

2009), we determined that because the 

systems approach currently in place is 

successful in mitigating the risks of 

introducing quarantine pests associated 

with the importation of Hass avocado 

from Mexico into the 50 U.S. States, and 

because avocados entering the United 

States from other approved exporting 

countries may also move to Puerto Rico 

without additional requirements, the 

current systems approach will also 

adequately mitigate the risks of 

introducing quarantine pests directly 

into Puerto Rico as well. We concluded 

the phytosanitary risks for insect pests 

associated with the importation of Hass 

avocados from Michoaca ́n, Mexico, into 

the Commonwealth of Puerto Rico 

would be effectively mitigated using the 

same systems approach as is currently 

used for the importation of Hass 

avocados from Michoaca ́n, Mexico, into 

the 50 States, as set fourth in § 319.56- 

30. These import requirements include 

trapping, orchard certification, limited 

production area, trace back labeling, 

pre-harvest orchard surveys for all pests, 

orchard sanitation, post-harvest 

safeguards, fruit cutting and inspection 

at the packinghouse, port-of-arrival 

inspection, and clearance activities. 

Based on the findings of the CIED and 

the November 2004 PRA, we are 

proposing to amend § 319.56-30 to allow 

commercial shipments of Hass avocados 

from Michoaca ́n, Mexico, to be 

imported into Puerto Rico. Specifically, 

we are proposing to amend § 319.56- 

30(a)(2), which currently prohibits Hass 

avocados from Mexico from being 

imported into or distributed in Puerto 

Rico and U.S. territories, to allow their 

importation into Puerto Rico. Because 

Mexico’s request was specific to Puerto 

Rico, the CIED did not consider U.S. 

territories, so that prohibition would 

remain. 

In addition, we are proposing to 

amend § 319.56-30(c)(3)(vii) to remove 

the requirement that boxes of avocados 

be marked to indicate that their 

distribution in Puerto Rico or U.S. 

territories is prohibited. The prohibition 

on distribution in U.S. territories would 

continue to be enforced through the 

APHIS permitting process. Specifically, 

we would implement this distribution 

limitation by denying permit 

applications for consignments of the 

avocados to destinations outside the 50 

States and Puerto Rico and, for 

consignments imported into the 50 

States and Puerto Rico, by including as 

a condition of the permit a prohibition 

on moving the avocados to any U.S. 

territory. This same paragraph also 

contains a requirement for box marking 

that applied from January 31, 2005, 

through January 31, 2007; as this 

requirement is outdated, we would 

remove it. 

Use of an Approved Designee to Inspect 

Avocados for Export 

Currently, our regulations in § 319.56- 

30(c)(3)(iv) require samples of Hass 

avocados produced in Michoaca ́n, 

Mexico, to be selected, cut, and 

inspected by the Mexican NPPO and 

found free from pests. The Mexican 

NPPO has requested that we amend the 

regulations to provide for the use of an 

approved designee to perform these 

functions. The use of approved 

designees in situations such as this is 

consistent with the International Plant 

Protection Convention’s International 

Standard for Phytosanitary Measures 

(ISPM) No. 20,1 which describes a 

system that NPPOs may use to authorize 

other government services, nongovernmental organizations, agencies, or 

persons to act on their behalf for certain 

defined functions. This system includes 

the development of procedures to 

determine the competency of designees, 

to perform system audits and review, to 

implement corrective actions, and to 

withdraw authorization. We have 

determined that an approved designee 

could perform NPPO functions when a 

system meeting the criteria of ISPM 20 

is used. Accordingly, we are proposing 

to amend the regulations to provide for 

the Mexican NPPO to use an approved 

designee to perform these functions. 

Specifically, we are proposing to amend 

§ 319.56-30(c)(3)(iv) to provide for 

avocados to be selected, cut, and 

inspected by either the Mexican NPPO 

or its approved designee. 

Limiting the Scope of Suspension of 

Export Certification 

Paragraph (e) of § 319.56-30 sets out 

the procedures that are followed when 

a pest is detected in the required 

inspections. Currently, under paragraph 

(e)(1), when avocado seed pests are 

detected during semiannual pest 

surveys, orchard surveys, packinghouse 

inspections, or other monitoring or 

inspection activities, the entire 

municipality in which the pests are 

discovered loses its pest-free 

certification and avocado exports from 

that municipality are suspended. 

However, our regulations in paragraphs 

(e)(2) and (e)(3) call for the suspension 

of the export certification of individual 

orchards and packinghouses where the 

stem weevil Copturus aguacatae is 

detected, rather than for the suspension 

of the export certification of the entire 

municipality. This difference in the 

scope of suspension was originally 

created because we had limited specific 

information on the mobility of avocado 

seed pests within approved 

municipalities in Mexico, so we took a 

more cautious approach by providing 

for the suspension of the entire 

municipality in which a seed pest was 

detected. 

Now that we have had years to 

evaluate the effectiveness of the systems 

approach used to mitigate pests in 

approved municipalities, APHIS has 

concluded that the mobility of avocado 

seed pests creates no greater risk of their 

avoiding detection than the mobility of 

the avocado stem weevil, and that the 

same scope of export suspension should 

apply to avocado seed pests and the 

stem weevil. In addition, if avocado 

seed pests are present in places of 

production close to a place of 

production in which an avocado seed 

pest is found, the required surveys 

would find it in those nearby places of 

production, and we would suspend 

those places of production as well. Of 

course, the entire municipality would 

be suspended if the pests were detected 

in all places of production within that 

municipality. Given this information, 

APHIS has concluded that suspension 

of shipments from an affected orchard 

or packinghouse, rather than from an 

entire municipality, would provide 

sufficient safeguards against pest 

introduction while minimizing trade 

disruptions. Therefore, we are 

proposing to apply suspensions only to 

an affected orchard or packinghouse, 

rather than to an entire municipality, 

when seed pests are detected. 

Specifically, we are proposing to replace 

paragraphs (e)(1) through (e)(3) of 

§ 319.56-30 with a new paragraph (e) 

that would state that suspension of 

avocado shipments applies to orchards 

or packinghouses within a municipality 

when the pests Heilipus lauri, 

Conotrachelus aguacatae, C. perseae, 

Copturus aguacatae, or Stenoma 

catenifer are detected. 

Protocols for reinstatement from 

suspension of export of Hass avocados 

would continue to be included in the 

operational work plan between Mexico 

and the United States required under 

§ 319.56-30(c). 

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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules 27227 

2Puerto Rico Dept. of Agriculture, Office of 

Agricultural Statistics. ‘‘18.58F23 Fresh Fruits.’’ 

November 13, 2007. p. 23. 

We have prepared an initial 

regulatory flexibility analysis for this 

proposed rule. The analysis examines 

the potential economic effects of this 

action on small entities, as required by 

the Regulatory Flexibility Act. The 

analysis identifies avocado producers, 

importers, and wholesalers in Puerto 

Rico as the small entities most likely to 

be affected by this action and considers 

the effects of increased imports of 

avocados. Puerto Rico is a large net 

importer of avocados. Imports for 2007 

totaled around 3,700 short tons while 

exports totaled only 8 short tons, as 

preliminarily reported by the Puerto 

Rican Department of Agriculture’s 

Office of Agricultural Statistics.2 In 

other words, three-fifths of Puerto Rico’s 

avocado supply is imported. In 

addition, there may well be movement 

of avocado from the mainland United 

States to Puerto Rico, which would not 

be reported as imports. Based on the 

information presented in the analysis, 

we expect affected entities would 

experience minimal economic effects as 

a result of additional imports arriving in 

Puerto Rico from Mexico. We invite 

comment on the analysis, which is 

posted with this proposed rule on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

Executive Order 12988 

This proposed rule would allow Hass 

avocados to be imported into Puerto 

Rico from Michoaca ́n, Mexico. If this 

proposed rule is adopted, State and 

local laws and regulations regarding 

Hass avocados imported under this rule 

would be preempted while the fruit is 

in foreign commerce. Fresh Hass 

avocados are generally imported for 

immediate distribution and sale to the 

consuming public and would remain in 

foreign commerce until sold to the 

ultimate consumer. The question of 

when foreign commerce ceases in other 

cases must be addressed on a case-bycase basis. If the proposed rule is 

adopted, no retroactive effect will be 

given to this rule, and this rule will not 

require administrative proceedings 

before parties may file suit in court 

challenging the 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 in 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 part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. 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. 

■ 2. Section 319.56-30 is amended as 

follows: 

■ a. By revising paragraph (a)(2) to read 

as set forth below. 

■ b. In paragraph (c)(3)(iv), by adding 

the words ‘‘or its approved designee’’ 

after the word ‘‘NPPO’’. 

■ c. In paragraph (c)(3)(vii), by removing 

the last two sentences. 

■ d. By revising paragraph (e) to read as 

set forth below. 

§ 319.56-30 Hass avocados from 

Michoaca ́n, Mexico. 

(a) * * * 

(2) Shipping restrictions. The 

avocados may be imported into and 

distributed in all States and in Puerto 

Rico, but not in any U.S. Territory. 

* * * * * 

(e) Pest detection. If any of the 

avocado pests Heilipus lauri, 

Conotrachelus aguacatae, C. perseae, 

Copturus aguacatae, or Stenoma 

catenifer are detected during the 

semiannual pest surveys in a 

packinghouse, certified orchard or areas 

outside of certified orchards, or other 

monitoring or inspection activity in the 

municipality, the Mexican NPPO must 

immediately initiate an investigation 

and take measures to isolate and 

eradicate the pests. The Mexican NPPO 

must also provide APHIS with 

information regarding the circumstances 

of the infestation and the pest risk 

mitigation measures taken. Orchards 

affected by the pest detection will lose 

their export certification immediately, 

and avocado exports from that orchard 

will be suspended until APHIS and the 

Mexican NPPO agree that the pest 

eradication measures taken have been 

effective. 

* * * * * 

Done in Washington, DC, this 10th day 

of May 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–11598 Filed 5–13–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number: EE–2008–BT–STD–0006] 

RIN 1904–AB47 

Energy Conservation Program: Energy 

Conservation Standards for 

Residential Central Air Conditioners 

and Heat Pumps 

AGENCY: Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy. 

ACTION: Proposed rule; notice of 

extension of public comment period. 

SUMMARY: On March 25, 2010, the U.S. 

Department of Energy (DOE) announced 

that it would hold a public meeting to 

discuss and receive comments on the 

product classes that DOE plans to 

analyze for purposes of establishing 

energy conservation standards for 

residential central air conditioners and 

heat pumps; the analytical framework, 

models, and tools that DOE is using to 

evaluate amended standards for these 

products; the results of preliminary 

analyses performed by DOE for these 

products; and potential energy 

conservation standard levels derived 

from these analyses that DOE could 

consider for these products. DOE also 

encouraged written comments on these 

subjects. This document announces an 

extension of the time period for 

submitting comments on the energy 

conservation standards notice of public 

meeting (NOPM) and availability of the 

preliminary technical support document 

for central air conditioners and heat 

pumps. The comment period is 

extended to May 17, 2010. 

DATES: DOE will accept comments, data, 

and information regarding the energy 

conservation standards NOPM for 

residential central air conditioners and 

heat pumps received no later than May 

17, 2010. 

ADDRESSES: Any comments submitted 

must identify the ‘‘NOPM for Energy 

Conservation Standards for Residential 

Central Air Conditioners and Heat 

Pumps’’ and provide the appropriate 

docket number EE–2008–BT–STD–0006 

and/or RIN number 1904–AB47. 

Comments may be submitted using any 

of the following methods: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS