Proposed Rule: Plant-Related Quarantine, Domestic: Fruits and Vegetables Irradiation Treatment

33857
Proposed Rules Federal Register

Vol. 70, No. 111
Friday, June 10, 2005
This section of the FEDERAL REGISTER plant pests from Hawaii into the articles to prevent the introduction or
contains notices to the public of the proposed continental United States. dissemination of plant pests or noxious
issuance of rules and regulations. The DATES: We will consider all comments weeds into or through the United States.
purpose of these notices is to give interested that we receive on or before August 9, Within 7 CFR part 305, the irradiation
persons an opportunity to participate in the treatments subpart (§§ 305.31 through
rule making prior to the adoption of the final
2005.
ADDRESSES: You may submit comments 305.34, referred to below as the
rules.
by any of the following methods: regulations) sets out standards and
• EDOCKET: Go to http:// minimum doses for irradiation
DEPARTMENT OF AGRICULTURE www.epa.gov/feddocket to submit or treatment for imported fruits and
view public comments, access the index vegetables and for regulated articles
Animal and Plant Health Inspection listing of the contents of the official moved interstate from quarantined areas
Service public docket, and to access those within the United States, along with
documents in the public docket that are other requirements for performing
7 CFR Parts 301, 305, 318, and 319 available electronically. Once you have irradiation treatments.
entered EDOCKET, click on the ‘‘View We are proposing to make several
[Docket No. 03–077–1] amendments to the irradiation treatment
Open APHIS Dockets’’ link to locate this
document. regulations for imported fruits and
Treatments for Fruits and Vegetables vegetables, for fruits and vegetables
• Postal Mail/Commercial Delivery:
AGENCY: Animal and Plant Health Please send four copies of your moved interstate from Hawaii, Puerto
Inspection Service, USDA. comment (an original and three copies) Rico, and the U.S. Virgin Islands, and
to Docket No. 03–077–1, Regulatory for regulated articles moved interstate
ACTION: Proposed rule.
Analysis and Development, PPD, from areas quarantined for Mexican fruit
SUMMARY: We are proposing to amend APHIS, Station 3C71, 4700 River Road fly or Mediterranean fruit fly. We are
the regulations to revise the approved Unit 118, Riverdale, MD 20737–1238. also proposing to provide for the use of
doses for irradiation treatment of Please state that your comment refers to irradiation treatment for bananas moved
imported fruits and vegetables. This Docket No. 03–077–1. interstate from Hawaii and to provide
proposal would establish a new • Federal eRulemaking Portal: Go to for the use of a vapor heat treatment for
minimum generic dose of irradiation for http://www.regulations.gov and follow sweetpotatoes moved interstate from
most arthropod plant pests, establish a the instructions for locating this docket Hawaii. The changes we are proposing
new minimum generic dose for the fruit and submitting comments. are discussed below by topic.
fly family, reduce the minimum dose of Reading Room: You may read any Irradiation Treatment for Imported
irradiation for some specific fruit fly comments that we receive on this Fruits and Vegetables
species, and add nine pests to the list of docket in our reading room. The reading
pests for which irradiation is an room is located in room 1141 of the Generic Minimum Irradiation Dose for
approved treatment. These actions USDA South Building, 14th Street and Most Arthropod Plant Pests
would allow the use of irradiation to Independence Avenue SW., The Animal and Plant Health
neutralize more pests and to neutralize Washington, DC. Normal reading room Inspection Service (APHIS) published a
some pests at lower doses. Furthermore, hours are 8 a.m. to 4:30 p.m., Monday notice of policy titled ‘‘The Application
we are proposing to provide for the through Friday, except holidays. To be of Irradiation to Phytosanitary
irradiation of fruits and vegetables sure someone is there to help you, Problems’’ in the Federal Register on
moved interstate from Hawaii at the please call (202) 690–2817 before May 15, 1996 (61 FR 24433–24439,
pest-specific irradiation doses that are coming. Docket No. 95–088–1). In that notice,
now approved for imported fruits and Other Information: You may view among other things, we stated that we
vegetables. We are also proposing to APHIS documents published in the may develop minimum irradiation
provide for the use of irradiation to treat Federal Register and related doses that are generic to a pest group or
fruits and vegetables moved interstate information on the Internet at http:// a commodity. We also stated that
from Puerto Rico and the U.S. Virgin www.aphis.usda.gov/ppd/rad/ APHIS’ Plant Protection and Quarantine
Islands. These actions would allow webrepor.html. (PPQ) program will confer with the U.S.
irradiation to serve as an alternative to FOR FURTHER INFORMATION CONTACT: Dr. Department of Agriculture’s (USDA)
other approved treatments for additional Inder P. Gadh, Treatment Specialist, Agricultural Research Service (ARS)
fruits and vegetables moved interstate Phytosanitary Issues Management, PPQ, concerning the adequacy of treatment
from Hawaii, Puerto Rico, and the U.S. APHIS, 4700 River Road Unit 140, data, research protocols, and treatment
Virgin Islands. Finally, we are Riverdale, MD 20737–1236; (301) 734– design and that ARS will identify or
proposing to add irradiation as a 6799. concur with the minimum dose for
treatment for bananas from Hawaii and SUPPLEMENTARY INFORMATION: efficacy at the level defined by PPQ as
to add vapor-heat treatment as an providing quarantine security for a pest
optional treatment for sweetpotatoes Background or complex of pests.
from Hawaii. These actions would The phytosanitary treatments Currently, the regulations for
provide an alternative to the currently regulations contained in 7 CFR part 305 irradiation of imported fruits and
approved treatments for those set out standards and schedules for vegetables specify minimum doses for
commodities while continuing to treatments required in 7 CFR parts 301, 11 fruit flies and the mango seed weevil.
provide protection against the spread of 318, and 319 for fruits, vegetables, and The doses required range from 150 gray
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33858 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Proposed Rules
to 300 gray. The fact that the required In consultation with ARS, PPQ has would be equal to the upper bound of
irradiation doses are specific to plant determined that a dose of 400 gray is the recommended minimum dose range
pests rather than the commodities they sufficient to neutralize all arthropod for stored product beetles of the family
are associated with reflects the fact that plant pests other than pupae and adults Coleoptera; it would be at least 100 gray
the effectiveness of irradiation treatment of the order Lepidoptera, for which we higher than the recommended minimum
is dependent entirely on the dose that lack sufficient information to establish a dose ranges for all the other pests for
is absorbed by the commodity. Specific safe generic dose. Therefore, we are which the generic dose would be an
characteristics of the fruits or vegetables proposing to establish 400 gray as a approved treatment. We believe that the
being treated, which may need to be generic minimum dose for arthropod proposed generic minimum dose of 400
considered in developing other plant pests except pupae and adults of gray would neutralize the targeted
phytosanitary treatments, are irrelevant the order Lepidoptera. Irradiation arthropod plant pests effectively.
to the effectiveness of irradiation as long treatment of fruits and vegetables with To accomplish this change, we would
as the required minimum dose is the proposed minimum dose of 400 gray add an entry for ‘‘Plant pests of the
absorbed. would have to be conducted in phylum Arthropoda not listed above,
This approach provides importers accordance with all the current except pupae and adults of the order
who must treat fruits and vegetables for requirements for dosimetry, packaging, Lepidoptera’’ to the bottom of the table
plant pests prior to their entry into the and recordkeeping in § 305.31. of approved irradiation doses in
United States with some flexibility: As We would not provide for the use of § 305.31(a). Because the heading of that
long as the only pests for which a the proposed generic minimum dose to table presently reads ‘‘Irradiation for
commodity is required by the fruits and treat mites, mollusks, nematodes, and Fruit Flies and Seed Weevils in
vegetables subpart of 7 CFR part 319 plant pathogens, none of which are Imported Fruits and Vegetables,’’ we
(§§ 319.56 through 319.56–8) to be arthropod plant pests, because the would revise it to read ‘‘Irradiation for
treated or be subject to a systems irradiation doses necessary to neutralize Certain Plant Pests in Imported Fruits
approach prior to importation into the those plant pests are either not and Vegetables.’’ We would also revise
United States are pests for which determined or typically much higher the section heading of § 305.31 to read
irradiation is an approved treatment, than for arthropod plant pests. ‘‘Irradiation treatment of imported fruits
ARS and APHIS will continue to and vegetables for certain plant pests.’’
then that commodity may be imported
review data relating to recommended We would retain the list of pests for
into the United States after it undergoes
minimum doses for pupae and adults of which lower doses of irradiation are an
irradiation in accordance with § 305.31,
the order Lepidoptera, and if we effective treatment in § 305.31(a), so that
with no need for additional rulemaking.
determine that these plant pests can be the generic minimum dose of 400 gray
However, it is not uncommon that neutralized with the generic dose would exist as an option for treating any
multiple plant pests of quarantine included in this proposal, we will arthropod plant pest, except pupae and
concern are associated with a fruit or undertake rulemaking to allow them to adults of the order Lepidoptera, for
vegetable approved for importation into be treated with the generic dose. which irradiation is not approved as a
the United States; irradiation may be However, as indicated above, sufficient treatment elsewhere in § 305.31(a).
currently listed as an approved information to establish a generic dose The generic minimum dose would be
treatment for only some of these plant for pupae and adults of the order available as an option for persons
pests. In such cases, the fruit or Lepidoptera does not exist at this time. wishing to import fruits and vegetables
vegetable must either undergo a We believe the proposed generic 400 that are affected by arthropod pests,
different treatment capable of gray dose for arthropod plant pests, except pupae and adults of the order
neutralizing all the pests or must except pupae and adults of the order Lepidoptera, that are not listed in the
undergo multiple treatments to Lepidoptera, would be a conservative regulations. However, APHIS does not
neutralize all of those pests. requirement given other available intend to halt research on the doses
A generic minimum irradiation dose evidence on the doses required to necessary to neutralize individual pests
that is approved to treat a group of plant neutralize a wide variety of plant pests. for which the regulations do not
pests would solve this problem by The International Plant Protection currently prescribe a minimum dose.
allowing, in many cases, irradiation to Convention (IPPC) Guidelines for the (For example, in this proposal we are
be used as the sole treatment for the Use of Irradiation as a Phytosanitary proposing to reduce the minimum doses
pests associated with a particular fruit Measure (ISPM Publication No. 18) lists required to treat several fruit fly species
or vegetable, as long as it could be recommended minimum dose ranges for and proposing to add minimum doses to
shown that any quarantine pests 8 types of plant pests, excluding mites, treat nine plant pests for which
identified as being associated with the mollusks, nematodes, plant pathogens, irradiation has not been approved as a
fruit or vegetable were members of the and pupae and adults of the order treatment before, as described later in
group of plant pests that were approved Lepidoptera; these recommendations this document.) If the generic minimum
for treatment by the generic minimum were developed based on literature dose of 400 gray for most arthropod
irradiation dose. Because the generic reviews by G.J. Hallman 1 and the pests that we are proposing is adopted
minimum dose would be approved for research summarized in the in a final rule, APHIS will continue to
a group of plant pests, a pest-specific International Atomic Energy Agency’s evaluate data on pest irradiation in
minimum dose would not have to be International Database on Insect consultation with ARS and will, if
approved through the rulemaking Disinfestation and Sterilization.2 The appropriate, undertake rulemaking to
process before irradiation could be used proposed 400 gray minimum dose add new minimum doses for individual
to treat the pest or pests of concern pests to the regulations.
associated with a commodity. Thus, 1 See ‘‘Irradiation as a quarantine treatment,’’ in
such a dose would facilitate Food Irradiation Principles and Applications, Generic Minimum Dose for Fruit Flies
international commerce while Molins, R.A. (ed.). New York: J. Wiley & Sons, 2001, and Minimum Dose Reductions for
p. 113–130, and ‘‘Expanding radiation quarantine Individual Fruit Fly Species
continuing to provide phytosanitary treatments beyond fruit flies,’’ Agricultural and
protection against the group of plant Forest Entomology 2:85–95, 2000. Although the generic minimum dose
pests that are neutralized by the dose. 2 Available at http://www-ididas.iaea.org. proposed above could be used to treat
Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Proposed Rules 33859
many arthropod plant pests, it is approved treatment, and to set the (Anastrepha obliqua), the sapote fruit
important that required irradiation required irradiation dose for those fruit fly (Anastrepha serpentina), the Jarvis
doses for plant pests be set at the lowest flies at 150 gray. This change would fruit fly (Bactrocera jarvisi), and the
effective level. Higher doses of reduce the required dose for the Queensland fruit fly (Bactrocera tryoni)
irradiation treatment cost more to Oriental fruit fly (Bactrocera dorsalis), are neutralized at 100 gray. Accordingly,
administer, and irradiation causes many for which a 250 gray dose is currently we are proposing to allow those fruit
fruits and vegetables to undergo changes required; the Mediterranean fruit fly flies to be treated at those lower doses
in color and texture that increase at (Ceratitis capitata), for which a 225 gray rather than at the proposed generic fruit
higher doses. dose is currently required; and the fly minimum of 150 gray.
Accordingly, ARS has undertaken melon fly (Bactrocera curcurbitae), for To accomplish these changes, we
research to determine whether fruit flies which a 210 gray dose is currently
would add a new entry to the table in
currently approved to be treated with required. It would also set a dose for
§ 305.31(a) for ‘‘Fruit flies of the family
irradiation in the regulations can be irradiation treatment for any fruit fly not
neutralized at lower doses than are Tephritidae not listed above’’ and set a
currently listed in § 305.31(a) that is
presently required in § 305.31(a), and minimum dose of 150 gray for those
lower than the proposed generic
whether species of fruit flies that are not fruit flies. We would also revise the
minimum dose of 400 gray for arthropod
currently listed in the regulations can be minimum doses approved to treat the
pests other than pupae and adults of the
neutralized at a lower dose than the species mentioned above.
order Lepidoptera.
proposed 400 gray generic minimum The research ARS undertook also Proposed New Doses for Nine Other
dose for arthropod pests other than demonstrated that the proposed 150 Plant Pests
pupae and adults of the order gray generic minimum fruit fly dose
Lepidoptera. would be higher than necessary to ARS research also indicates that
This research demonstrated that all neutralize certain fruit flies. irradiation can be used as a treatment
fruit flies of the family Tephritidae Specifically, the research found that the for nine plant pests not currently listed
would be neutralized by a dose of 150 Mexican fruit fly (Anastrepha ludens) in § 305.31(a). These pests are listed
gray. Therefore, we are proposing to add and the Caribbean fruit fly (Anastrepha below, along with the irradiation dose at
the entire family Tephritidae to the list suspensa) are neutralized at 70 gray and which the ARS research indicates they
of pests for which irradiation is an that the West Indian fruit fly are neutralized:
Scientific name Common name Dose (gray)
Brevipalpus chilensis ..................................................................... False red spider mite ................................................................... 300

Coccus viridis ................................................................................ Green scale ................................................................................. 400
Conotrachelus nenuphar ............................................................... Plum curculio ............................................................................... 92
Croptophlebia ombrodelta ............................................................. Litchi fruit moth ............................................................................ 250
Cryptophlebia illepida .................................................................... Koa seedworm ............................................................................. 250
Cylas formicarius elegantulus ....................................................... Sweetpotato weevil ...................................................................... 165
Cydia pomonella ........................................................................... Codling moth ................................................................................ 200
Grapholita molesta ........................................................................ Oriental fruit moth ........................................................................ 200
Rhagoletis pomonella .................................................................... Apple maggot ............................................................................... 60
We are proposing to add these pests Irradiation Treatment for Fruits and doses for irradiation treatment for
to the table in § 305.31(a), along with Vegetables Moved Interstate certain fruits and vegetables and sets out
the doses of irradiation that are Pest-Specific Irradiation Doses for facility approval, packaging, and
sufficient to neutralize them. Irradiation Treating Fruits and Vegetables Moved commodity movement requirements.
treatment for these plant pests would be Interstate We are proposing to remove the bulk
conducted in accordance with the other of § 318.13–4f, because this section is
provisions of § 305.31. The regulations in 7 CFR part 318 currently duplicated in § 305.34 of the
Currently, the regulations in § 319.56– prohibit or restrict the interstate irradiation treatment regulations. In
2(k) authorize the use of irradiation as movement of fruits, vegetables, and place of current § 318.13–4f, we would
certain other articles from Hawaii,
a treatment for imported fruits or set out a single paragraph listing the
Puerto Rico, the U.S. Virgin Islands, and
vegetables to neutralize ‘‘one or more of commodities for which irradiation is an
Guam to prevent the introduction and
the 11 species of fruit flies and one dissemination of plant pests into the approved treatment and referring the
species of seed weevil listed in continental United States. reader to § 305.34 for instructions on
§ 305.31(a).’’ To reflect the proposed how the treatment must be conducted.
changes to the pest list in § 305.31(a), The Hawaiian fruits and vegetables Because the section heading of
regulations (§§ 318.13 through 318.13–
we would revise the quoted text to read § 318.13–4f currently reads
17) prohibit or restrict the interstate
‘‘one or more of the plant pests listed in ‘‘Administrative instructions
movement of fruits and vegetables from
§ 305.31(a).’’ We would make a similar prescribing methods for irradiation
Hawaii to prevent the introduction and
change to the introductory text of dissemination of plant pests into the treatment of certain fruits and
paragraph (a) in § 319.56–2x. continental United States. Section vegetables from Hawaii,’’ but the
318.13–4f of the Hawaiian fruits and methods for irradiation treatment would
vegetables regulations, titled only be set out in § 305.34, we would
‘‘Administrative instructions amend the section heading to read:
prescribing methods for irradiation ‘‘Irradiation treatment of certain fruits
treatment of certain fruits and and vegetables from Hawaii.’’ (Here and
vegetables from Hawaii,’’ lists required elsewhere, we are proposing to simplify
our section titles by removing references approach prior to interstate movement This change would also allow
to administrative instructions.) are pests for which irradiation is an Hawaiian fruits and vegetables that are
Because we would remove the approved treatment in § 305.31(a), then otherwise eligible for interstate
substantive treatment provisions from that commodity would be able to be movement to be irradiated for plant
§ 318.13–4f and direct readers to moved interstate after it undergoes pests at the doses we have proposed to
§ 305.34, we are also proposing to irradiation for those pests at the doses add to the approved irradiation doses
update a reference to movement under listed in § 305.31(a) and in accordance for imported fruits and vegetables in
a limited permit ‘‘if the provisions of with the other requirements in § 305.34, § 305.31(a), including the proposed
§ 318.13–4f are met’’ in paragraph (b)(3) with no need for additional rulemaking. generic minimum dose of 400 gray for
of § 318.13–3 to refer to § 305.34. We For commodities that are not arthropod plant pests other than pupae
would make a similar change in the currently allowed to be moved interstate and adults of the order Lepidoptera, the
definition of compliance agreement in under the Hawaiian territorial proposed generic dose of 150 gray for all
§ 318.13–1. quarantine regulations, PPQ would fruit flies, the proposed lower doses for
In § 305.34, paragraph (a) lists the conduct a risk assessment to determine certain fruit flies, and the proposed new
Hawaiian commodities for which whether irradiation alone or in doses for nine plant pests.
irradiation is an approved treatment. combination with other phytosanitary
Unlike the pest-specific required doses Minimum Dose Reductions for Fruits
measures can treat all the quarantine and Vegetables Moved Interstate From
in § 305.31 of the irradiation treatment pests that might be associated with its
regulations for imported fruits and Hawaii
interstate movement from Hawaii. If it
vegetables, the required doses in As previously mentioned, paragraph
was determined that irradiation would
§ 305.34 are specific to commodities. (a) of § 305.34 lists fruits and vegetables
be an effective treatment for these
We have prescribed doses for specific moved interstate from Hawaii for which
commodities, they would be added to
commodities moved interstate from irradiation is an approved treatment.
the list of commodities for which
Hawaii, rather than for specific plant The pests of concern with regard to the
irradiation is an approved treatment in
pests that are present in Hawaii and that interstate movement of all but two of
§ 305.34(a)(1) through notice-and-
must be neutralized to allow interstate these fruits and vegetables (the mango
comment rulemaking. If it was
movement, because the minimum doses and the sweetpotato) are the
determined that irradiation in
that we require in our regulations were Mediterranean fruit fly, the melon fly,
combination with other measures would
based on pest risk analyses that were and the Oriental fruit fly, known
be an effective treatment for these
also commodity-specific. The approved collectively as the Trifly complex. To
commodities, the regulations setting out
irradiation doses for certain fruits and treat the fruits and vegetables affected
the conditions for the importation of
vegetables in the Hawaiian irradiation by the Trifly complex, the regulations
regulations have been determined to be such commodities would refer to the
presently require a minimum irradiation
capable of neutralizing all the pests that provisions of § 305.34 and, if necessary,
dose of 250 gray to neutralize these
might otherwise be introduced to the pest-specific irradiation doses listed
pests.
nonquarantined areas of the United in § 305.31(a). (For example, we are Research conducted by ARS, as
States via the interstate movement of proposing to allow the interstate discussed under the heading ‘‘Generic
these fruits and vegetables. movement of bananas from Hawaii that Minimum Dose for Fruit Flies and
However, some of the fruits and have been inspected for certain pests Minimum Dose Reductions for
vegetables for which we receive requests and treated with irradiation; the Individual Fruit Fly Species’’ earlier in
to allow interstate movement from proposed regulations would be added to this document, has determined that the
Hawaii are only associated with pests § 318.13–4i but would refer to the three fruit flies of concern for these
listed in § 305.31(a). Those commodities Hawaiian irradiation regulations in commodities are neutralized at a dose of
could be effectively treated according to § 305.34 and the pest-specific 150 gray.
the pest-specific doses approved for the irradiation doses in § 305.31(a). This Therefore, we are proposing to reduce
treatment of imported fruits and proposed change is discussed in more the minimum required dose of
vegetables. Accordingly, we are detail below.) irradiation from 250 gray to 150 gray for
proposing to amend § 305.34 to allow To accomplish this change, we would the Hawaiian fruits and vegetables
Hawaiian fruits and vegetables to be redesignate the current text of affected by the Trifly complex: Abiu,
treated with irradiation for any pests § 305.34(a) as § 305.34(a)(1) and add a atemoya, bell pepper, carambola,
listed in § 305.31(a) at the pest-specific new paragraph (a)(2) that would read: eggplant, litchi, longan, papaya,
doses listed there and in accordance ‘‘Any fruits or vegetables not listed in pineapple (other than smooth Cayenne),
with the other requirements in § 305.34. paragraph (a)(1) of this section that are rambutan, sapodilla, Italian squash, and
As discussed above, as long as the required by this subpart to be treated or tomato. This action would make our
only pests for which a commodity is subjected to inspection to control one or minimum dose requirements for
required by the fruits and vegetables more of the plant pests listed in irradiation treatment of Hawaiian fruits
subpart of 7 CFR part 319 to be treated § 305.31(a) of this chapter may instead and vegetables moved interstate
or be subject to a systems approach be treated with irradiation. Fruits and consistent with our proposed minimum
prior to importation into the United vegetables treated with irradiation for dose requirements for irradiation
States are pests for which irradiation is plant pests listed in § 305.31(a) must be treatment of imported fruits and
an approved treatment, then that irradiated at the doses listed in vegetables.
commodity may be imported into the § 305.31(a), and the irradiation
United States after it undergoes treatment must be conducted in Irradiation Treatment for Fruits and
irradiation in accordance with § 305.31, accordance with the other requirements Vegetables Moved Interstate From
with no need for additional rulemaking. of § 305.34.’’ We would also add this Puerto Rico and the U.S. Virgin Islands
Similarly, as long as the only pests for text to the list of Hawaiian commodities The Puerto Rico and U.S. Virgin
which a commodity is required by the for which irradiation is an approved Islands fruits and vegetables regulations
Hawaiian quarantine regulations to be treatment in our proposed revision of (§§ 318.58 through 318.58–16) prohibit
treated or be subject to a systems § 318.13–4f. or restrict the interstate movement of
fruits and vegetables from Puerto Rico Islands, and PPQ has received no In addition, to reflect all of the
and the U.S. Virgin Islands to prevent requests to approve the construction of proposed changes to irradiation
the introduction and dissemination of irradiation facilities in either territory. treatment for fruits and vegetables from
plant pests into the continental United However, these proposed changes to the foreign localities and from Hawaii,
States. Currently, these regulations do regulations in § 305.34 would give Puerto Rico, and the U.S. Virgin Islands,
not provide for the use of irradiation as persons moving fruits or vegetables we would revise paragraph
a treatment for fruits and vegetables interstate from Puerto Rico or the U.S. § 305.2(h)(1), which currently lists the
moved interstate from these locations. Virgin Islands the option of moving the plant pests associated with imported
We believe that irradiation for fruits and fruits and vegetables under limited fruits and vegetables for which
vegetables from Puerto Rico and the permit to an irradiation facility in the irradiation is an approved treatment, to
U.S. Virgin Islands can serve as an continental United States for treatment read: ‘‘Treatment of fruits and
effective alternative treatment to those before the fruits and vegetables enter vegetables from foreign localities by
treatments currently authorized for interstate commerce. If moved interstate irradiation in accordance with § 305.31
fruits and vegetables moved interstate in this manner, fruits and vegetables may be substituted for other approved
from Puerto Rico and the U.S. Virgin from Puerto Rico and the U.S. Virgin treatments for any of the pests listed in
Islands in part 305 if those fruits and Islands would be treated for plant pests § 305.31(a). Treatment of fruits and
vegetables are only associated with listed in § 305.31(a) in accordance with vegetables from Hawaii, Puerto Rico,
pests listed in § 305.31(a) as pests for the required doses listed there and in and the U.S. Virgin Islands by
which irradiation is an approved accordance with the other requirements irradiation at the minimum doses listed
treatment. in § 305.34. in § 305.31(a) and in accordance with
Therefore, we are also proposing to As with Hawaiian commodities, as § 305.34 may be substituted for other
amend § 305.34 to provide for the use of long as the only pests for which a approved treatments for any of the pests
irradiation as a treatment for fruits and commodity is required by the Puerto listed in § 305.31(a).’’
vegetables moved interstate from Puerto Rico and U.S. Virgin Islands quarantine
Rico and the U.S. Virgin Islands as well regulations to be treated or be subject to Irradiation Treatment for Regulated
as from Hawaii. The section heading a systems approach prior to interstate Articles Moved Interstate From Areas
would be amended to read: ‘‘Irradiation movement are pests for which Quarantined for Mexican Fruit Fly and
treatment of certain fruits and irradiation is an approved treatment in Mediterranean Fruit Fly
vegetables from Hawaii, Puerto Rico, § 305.31, then that commodity would be The Mexican fruit fly regulations
and the U.S. Virgin Islands.’’ We would able to be moved interstate after it contained in §§ 301.64 through 301.64–
make similar changes throughout the undergoes irradiation for those pests at 10 restrict the interstate movement of
section. We would retain the the doses listed in § 305.31(a) and in regulated articles from quarantined
information in § 305.34 that is specific accordance with the other requirements areas to prevent the spread of Mexican
to Hawaiian commodities, such as the in § 305.34, with no need for additional fruit fly (Anastrepha ludens) to
list of Hawaiian commodities for which rulemaking. For commodities that are noninfested areas of the United States.
irradiation is an approved treatment in not currently allowed to be moved Similarly, the Mediterranean fruit fly
proposed § 305.34(a)(1) and the interstate under the Puerto Rico and regulations contained in §§ 301.78
additional requirements for the issuance U.S. Virgin Islands territorial quarantine through 301.78–10 restrict the interstate
of a certificate or limited permit for the regulations, PPQ would conduct a risk movement of regulated articles from
interstate movement of litchi and assessment to determine whether quarantined areas to prevent the spread
sweetpotato from Hawaii in irradiation alone or in combination with of Mediterranean fruit fly (Ceratitis
§ 305.34(b)(7). other phytosanitary measures can treat capitata) to noninfested areas of the
We are also proposing to add a new all the quarantine pests that might be United States.
§ 318.58–4b, ‘‘Irradiation treatment of associated with its interstate movement Within the Mexican fruit fly
fruits and vegetables from Puerto Rico from Puerto Rico and the U.S. Virgin regulations and the Mediterranean fruit
and the U.S. Virgin Islands,’’ to the Islands. If it was determined that fly regulations, paragraphs §§ 301.64–
Puerto Rico and U.S. Virgin Islands irradiation would be an effective 10(g) and 301.78–10(c), respectively, set
fruits and vegetables regulations. treatment for these commodities, they out the conditions under which certain
Because no commodity-specific would be approved for treatment with regulated articles may be treated with
irradiation treatment schedules have irradiation through notice-and-comment irradiation in order to prevent the
been developed for fruits and vegetables rulemaking. spread of those fruit flies via the
from Puerto Rico and the U.S. Virgin Under this proposed rule, fruits and interstate movement of those regulated
Islands, this section would read, in its vegetables from Puerto Rico and the articles. We are proposing to remove the
entirety, ‘‘Any fruits or vegetables from U.S. Virgin Islands that are listed in bulk of these paragraphs because their
Puerto Rico or the U.S. Virgin Islands § 305.31(h)(2)(ii) and associated with provisions are currently duplicated in
that are required by this subpart to be pests for which irradiation is an part 305; § 305.32 duplicates the
treated or subjected to inspection to approved treatment would be allowed to irradiation provisions relating to the
control one or more of the plant pests be irradiated for plant pests at the doses Mexican fruit fly, while § 305.33
listed in § 305.31(a) may instead be we have proposed to add to the duplicates the irradiation provisions
treated with irradiation. Fruits and approved irradiation doses for imported relating to the Mediterranean fruit fly. In
vegetables treated with irradiation for fruits and vegetables in § 305.31(a), place of the detailed provisions
plant pests listed in § 305.31(a) of this including the proposed generic currently contained in paragraphs
chapter must be irradiated at the doses minimum dose of 400 gray for arthropod §§ 301.64–10(g) and 301.78–10(c), we
listed in § 305.31(a), and the irradiation plant pests other than pupae and adults would indicate that regulated articles
treatment must be conducted in of the order Lepidoptera, the proposed may be treated with irradiation in
accordance with the other requirements generic dose of 150 gray for all fruit accordance with the provisions of 7 CFR
of § 305.34.’’ flies, the proposed lower doses for part 305.
Currently, no irradiation facilities certain fruit flies, and the proposed new In § 305.32, the required dose for
exist in Puerto Rico or the U.S. Virgin doses for nine plant pests. Mexican fruit fly is 150 gray; in
§ 305.33, the required dose for in Hawaii for the banana moth and the bananas could either be irradiated at
Mediterranean fruit fly is 225 gray. green scale, Coccus viridis (Green), and 150 gray, a dose sufficient to neutralize
Research conducted by ARS, as have undergone irradiation treatment the fruit flies associated with bananas
discussed under the heading ‘‘Generic with a minimum dose of 150 gray at an from Hawaii, and inspected for the
Minimum Dose for Fruit Flies and approved facility. We believe either of green scale and the banana moth, or the
Minimum Dose Reductions for these measures, which are discussed in bananas could be irradiated at 400 gray,
Individual Fruit Fly Species’’ earlier in detail in the following paragraphs, a dose sufficient to neutralize both the
this document, has determined that the would provide the necessary fruit flies and the green scale, and
Mexican fruit fly is neutralized at a dose phytosanitary protection to prevent the inspected for the banana moth.
of 70 gray, while the Mediterranean fruit introduction and dissemination of plant We expect that the combinations of
fly is part of the family of fruit flies that pests into the continental United States. treatment with irradiation and
are neutralized at a dose of 150 gray. A 1998 report completed by APHIS on inspection would be effective
Therefore, we are proposing to update the inspection requirements for green alternatives to the current systems
the dose requirements for those fruit bananas from Hawaii identified five approach for green bananas of certain
flies in § 305.31(a). pests of concern that could be spread cultivars. Furthermore, treatment with
In order to make the Mexican fruit fly from Hawaii to the rest of the United irradiation would allow bananas of any
and Mediterranean fruit fly irradiation States by the interstate movement of ripeness or cultivar to be moved
treatment regulations consistent with bananas. These pests are: The banana interstate from Hawaii; the current
the other changes proposed in this moth, the green scale, the regulations, as noted above, only allow
document, we are proposing to remove Mediterranean fruit fly, the melon fly, certain cultivars of green bananas to be
references to specific required doses and the Oriental fruit fly. Copies of this moved interstate under the systems
from §§ 305.32 and 305.33 and instead report may be requested from the person approach described in § 318.13–4i.
refer to the doses listed in § 305.31(a). listed under FOR FURTHER INFORMATION To accomplish this change, we would
For example, the requirement in CONTACT. amend § 318.13–4i, which currently
paragraph § 305.32(d) that fruits and Of the five pests identified in the describes the systems approach under
vegetables treated with irradiation for report, we believe the green scale and which green bananas of certain cultivars
Mexican fruit fly must receive a the banana moth can be detected by may currently be imported into the
minimum absorbed ionizing radiation visual inspection. The green scale is a United States. Specifically, we would
dose of 150 gray (15 krad) would be surface pest, which means that any add a new paragraph indicating that
replaced with a requirement that such infestations of green scale on bananas bananas from Hawaii would be eligible
fruits and vegetables must receive the are readily apparent. Although the to move interstate if they were
approved dose for Mexican fruit fly banana moth is an internal pest, we irradiated at the doses listed in
listed in § 305.31(a). This change would believe that it can also be detected by § 305.31(a) and in accordance with the
make the required irradiation doses for visual inspection; bananas infested with other requirements in § 305.34 for the
regulated articles moved interstate from banana moth show numerous external fruit flies and the green scale and
areas quarantined for Mexican fruit fly signs of infestation, such as holes in the inspected for the banana moth or if they
and Mediterranean fruit fly consistent skin and deformed nipples. For both of were irradiated for the fruit flies and
with the proposed irradiation doses for these pests, we believe that visual inspected for the green scale and the
those fruit flies with regard to fruits and inspection can effectively mitigate the banana moth. We would amend the
vegetables that are imported or moved risk of their introduction into other section heading of § 318.13–4i to reflect
interstate from Hawaii, Puerto Rico, or areas in the United States via the the fact that it would no longer concern
the U.S. Virgin Islands. interstate movement of bananas from only green bananas.
Hawaii. We would also indicate in paragraph
Irradiation and Inspection for Bananas The Mediterranean fruit fly, the § 318.13–4i(b) that, to be eligible for a
Moved Interstate From Hawaii melon fruit fly, and the Oriental fruit fly certificate for interstate movement, the
The regulations in § 318.13–4i allow infest bananas only where injury or bananas would have to be treated and
green bananas of the cultivars some fault has exposed the flesh of the inspected in Hawaii. (For litchi and
‘‘Williams,’’ ‘‘Valery,’’ ‘‘Grand Nain,’’ fruit. For the fruit flies, visual sweetpotato, the two commodities for
and standard and dwarf ‘‘Brazilian’’ inspections would not be an effective which inspection is required for
may be moved interstate from Hawaii means of interception; they must be certification in § 305.34(b)(7)(i), the
under a systems approach. A systems neutralized by treatment. regulations require that the inspection
approach is a combination of As discussed above under the heading be conducted before the treatment is
overlapping phytosanitary measures ‘‘Generic Minimum Dose for Fruit Flies performed. Hawaiian producers have
that provide quarantine security against and Minimum Dose Reductions for requested that we allow the bananas to
plant pests. Individual Fruit Fly Species,’’ ARS be inspected after irradiation treatment;
We are proposing to add two research indicates that the fruit flies of therefore, we have proposed to allow
combinations of irradiation and concern are neutralized at a dose of 150 inspection to be conducted before or
inspection as treatments for bananas gray. As discussed above under the after irradiation treatment. If bananas
from Hawaii. Specifically, bananas, heading ‘‘Proposed New Doses for Nine from Hawaii were inspected for the
regardless of cultivar or ripeness, from Other Plant Pests,’’ ARS research banana moth after undergoing
Hawaii would be eligible for interstate indicates that the green scale is irradiation treatment in Hawaii and
movement if they have been inspected neutralized at a dose of 400 gray. found to be infested with the banana
in Hawaii for the banana moth, However, we currently lack information moth or the green scale, the bananas
Opogona sacchari (Bojen), and have on what irradiation dose would be would not be eligible for interstate
undergone irradiation treatment with a necessary to neutralize the banana movement. In such a case, the cost of
minimum dose of 400 gray at an moth. performing the treatment would be
approved facility. Bananas from Hawaii Therefore, we are proposing to borne by the grower, as it normally is.)
would also be eligible for interstate provide two options for the irradiation In addition, to be eligible for a limited
movement if they have been inspected treatment of bananas from Hawaii: The permit for the interstate movement of
untreated bananas from Hawaii for nematode, are external pests. We believe sweetpotato weevil mentioned above.
treatment on the mainland United they can be effectively detected by Additionally, no live pests have ever
States, bananas from Hawaii would have visual inspection, and we would require been found in sweetpotatoes treated
to be inspected for the relevant pests in such visual inspection as a condition of according to this vapor heat treatment
Hawaii. the interstate movement of sweetpotato schedule. For these reasons, we believe
Finally, we would add a sentence to from Hawaii. This is consistent with the that this vapor heat treatment would be
§ 318.13–3(b)(3) indicating that recommendations of the pest risk effective against the ginger weevil.
untreated bananas from Hawaii may be assessment. However, as an additional phytosanitary
moved interstate for irradiation The other three pests, the ginger precaution, we are proposing to require
treatment on the mainland United States weevil, the sweetpotato scarabee, and that sweetpotatoes treated according to
if the provisions of § 318.13–4i(b) are the sweetpotato stem borer, are internal this vapor heat treatment schedule be
met and if the bananas are accompanied pests, meaning that visual inspection sampled, cut, and inspected and found
by a limited permit issued by an would not be an effective means to to be free of the ginger weevil before the
inspector in accordance with § 318.13– intercept them; thus, they must be sweetpotatoes would be allowed to
4(c). neutralized by treatment. We believe move from the treatment facility to their
that the vapor heat treatment we are destination. The sampling, cutting, and
Vapor Heat Treatment for
proposing to allow, combined with the inspection for the ginger weevil would
Sweetpotatoes Moved Interstate From
tuber cutting and visual inspection that not have to be performed at the same
Hawaii
we would require, would be an effective time as the inspection for the gray
Within part 318, ‘‘Subpart— alternative to the methyl bromide and pineapple mealybug and the Kona
Sweetpotatoes’’ (§§ 318.30 and 318.30a) irradiation treatments currently coffee root-knot nematode, although
quarantines Hawaii, Puerto Rico, and prescribed by the regulations to control both inspections would be required to
the U.S. Virgin Islands because of the these pests. be conducted prior to treatment.
sweetpotato scarabee (Euscepes The vapor heat treatment would be However, the sampling, cutting, and
postfasciatus Fairm. [Coleoptera: required to be performed according to inspection for ginger weevil would have
Cucurlionidae], also known as the West the following schedule: to be performed under conditions that
Indian sweetpotato weevil) and the • Temperature probes would have to would prevent any pests that may
sweetpotato stem borer (Omphisa be placed in the approximate centers of emerge from the sampled sweetpotatoes
anastomosalis Guen. [Lepidoptera: individual sweetpotato roots. from infesting any other sweetpotatoes
Crambidae], also known as the • The air surrounding the intended for interstate movement in
sweetpotato vine borer) and restricts the sweetpotato roots would have to be accordance with these proposed
interstate movement of sweetpotatoes heated. After the temperature of the air requirements.
(Ipomoea batatas Poir.) from those surrounding the sweetpotato roots Sweetpotatoes treated according to
places. reaches 87.8 °F (31 °C), its temperature these requirements would also have to
Paragraph (c) of § 318.30 allows would have to be incrementally raised be packaged according to certain
sweetpotatoes to be moved interstate from 87.8 °F (31 °C) to 111.2 °F (44 °C) requirements including fruit fly-proof
from Hawaii only if they have been over a period of 240 minutes. cartons, wrapping of entire pallet loads,
subjected to fumigation with methyl • Using saturated water vapor at and identification requirements.
bromide or irradiated in accordance 118.4 °F (48 °C), the core temperature of Untreated sweetpotatoes moved
with § 318.13–4f or if they are being the individual sweetpotato roots would interstate to the mainland United States
moved by the USDA for scientific or then have to be raised to 116.6 °F (47 for treatment would be required to be
experimental purposes. We are °C). shipped in sealed shipping containers.
proposing to add a vapor heat treatment, • After the core temperature of the These proposed requirements would
combined with tuber cutting and sweetpotato roots reaches 116.6 °F (47 ensure that quarantine pests would be
inspection, for sweetpotatoes moved °C), the core temperature would have to prevented from infesting shipments of
interstate from Hawaii as an alternative be held at 116.6 °F (47 °C) or higher for treated sweetpotatoes and that any
to fumigation with methyl bromide and 190 minutes. quarantine pests that may be present in
irradiation. This vapor heat treatment was untreated sweetpotatoes do not enter the
A pest risk assessment completed by developed in Japan to treat environment. The proposed
APHIS in 2002 and updated in May sweetpotatoes moved from Okinawa to requirements are identical to the
2003 identified five pests of concern mainland Japan for the West Indian packaging requirements in § 305.34 for
that could be spread from Hawaii to the sweetpotato weevil, the sweetpotato sweetpotatoes treated using irradiation
rest of the United States by the interstate vine borer, and the sweetpotato weevil and moved interstate from Hawaii.
movement of sweetpotatoes: The two (Cylas formicarius elegantulus). A We would allow this treatment to be
pests already named in the regulations, review by ARS has confirmed that this administered either in Hawaii or at an
the sweetpotato scarabee and the treatment is effective at neutralizing the approved treatment facility in the
sweetpotato stem borer; the gray West Indian sweetpotato weevil and the mainland United States. If the
pineapple mealybug, Dysmicoccus sweetpotato vine borer. sweetpotatoes were treated in Hawaii,
neobrevipes (Homoptera: There is no research available at this they would move from Hawaii under a
Pseudococcidae); the ginger weevil, time on the use of this vapor heat certificate for interstate movement; if
Elytrotreinus subtruncatus (Coleoptera: treatment to neutralize the ginger they were treated in the mainland
Cucurlionidae); and the Kona coffee weevil, which was named as a pest of United States, they would move from
root-knot nematode, Meloidogyne concern in APHIS’ pest risk assessment. Hawaii under limited permit, and they
konaensis (Tylenchida: Heteroderidae). Although the sweetpotato is not a would have to be inspected for the gray
Copies of this risk assessment may be known host of the ginger weevil, it may pineapple mealybug and the Kona
requested from the person listed under move with sweetpotatoes as a coffee root-knot nematode and sampled,
FOR FURTHER INFORMATION CONTACT. hitchhiker. However, vapor heat cut, and inspected for ginger weevil
Two of these pests, the gray pineapple treatment has been used effectively in prior to interstate movement from
mealybug and the Kona coffee root-knot Japan against other weevils, such as the Hawaii.
To accomplish this change, we would move a commodity interstate typically U.S. Virgin Islands and the schedule
add a new paragraph (k) to the vapor are seeking to move that commodity and conditions of the treatment are also
heat treatment regulations in § 305.24 interstate from a specific location. already set out in 7 CFR part 305, there
that would set out the vapor heat Therefore, we are proposing to remove is no need to modify the Puerto Rico
treatment schedule for sweetpotatoes ‘‘Subpart—Sweetpotatoes’’ from part and U.S. Virgin Islands quarantine
moved interstate from Hawaii. We 318 and to disperse its provisions to the regulations to accommodate the removal
would also add a new section § 318.13– Hawaiian quarantine regulations and of § 318.30.
4d to the Hawaiian quarantine the Puerto Rico and U.S. Virgin Islands
regulations to set out the additional quarantine regulations. However, § 318.30a, as discussed
conditions that must be fulfilled in Because the sweetpotatoes subpart above, sets out a systems approach
order to allow the interstate movement has set out restrictions on the interstate using inspection, washing and grading,
of sweetpotatoes from Hawaii that are movement of sweetpotatoes from and application of insecticide under
treated in accordance with proposed Hawaii and from Puerto Rico and the which sweetpotatoes may be moved
§ 305.24(k). Finally, we would add a U.S. Virgin Islands, sweetpotatoes are interstate from Puerto Rico. To preserve
new paragraph (b)(4) to § 318.13–3, not listed as regulated articles in either this option for persons who wish to
which currently sets out conditions of the list of regulated articles from Hawaii move sweetpotatoes interstate from
movement for regulated articles moved in § 318.13–2(b) or the list of regulated Puerto Rico, we would establish a new
interstate from Hawaii, that would articles from Puerto Rico and the U.S. section § 318.58–4c with the same
indicate that sweetpotatoes could be Virgin Islands in § 318.58–2(b). requirements as § 318.30a. In
moved under a limited permit for Accordingly, we would add an entry for transferring this section to the Puerto
treatment at an approved treatment sweetpotatoes to each of those lists. Rico and U.S. Virgin Islands quarantine
facility in the continental United States In the Hawaiian quarantine regulations, however, we would update
if they have been prepared in regulations, § 318.13–4b authorizes the the language in § 318.30a and reorganize
accordance with the conditions of the interstate movement of any fruit listed some of its requirements to make it
Hawaiian quarantine regulations. in paragraph (b) of that section if that easier to understand.
fruit is inspected by an inspector and
Removal of the Subpart for treated for fruit flies in accordance with We would also make several other
Sweetpotatoes and Dispersal of Its 7 CFR part 305. The treatment editorial changes in the Hawaiian
Provisions requirements and schedule for quarantine regulations and the Puerto
As mentioned earlier in this fumigating sweetpotatoes with methyl Rico and U.S. Virgin Islands quarantine
document, within part 318, ‘‘Subpart— bromide are found in 7 CFR part 305. regulations to reflect the removal of the
Sweetpotatoes’’ (§§ 318.30 and 318.30a) Accordingly, we are proposing to amend sweetpotatoes subpart.
quarantines Hawaii, Puerto Rico, and the references to ‘‘eligible fruits’’ in that
Definition of Inspector
the U.S. Virgin Islands because of the paragraph to read ‘‘eligible fruits and
sweetpotato scarabee and the vegetables,’’ to amend the reference to We are also proposing to amend the
sweetpotato stem borer and restricts the ‘‘fruit flies’’ to read ‘‘plant pests,’’ and definitions of inspector in the Hawaiian
interstate movement of sweetpotatoes to add sweetpotatoes to the list of quarantine regulations and the Puerto
from those places. commodities authorized to move Rico and U.S. Virgin Islands quarantine
Section 318.30 prohibits the interstate interstate in that paragraph. The other regulations to reflect the fact that some
movement of sweetpotatoes from treatment available for Hawaiian inspection responsibilities have been
Hawaii unless the sweetpotatoes are sweetpotatoes, irradiation, is already
fumigated with methyl bromide or transferred to the Department of
authorized in the Hawaiian quarantine
irradiated and prohibits the interstate Homeland Security’s Bureau of Customs
regulations at § 318.13–4f. (As described
movement of sweetpotatoes from Puerto earlier in this document, we are and Border Protection.
Rico and the U.S. Virgin Islands unless proposing to replace the requirements Executive Order 12866 and Regulatory
they are fumigated with methyl currently in § 318.13–4f with a list of Flexibility Act
bromide. Section 318.30a sets out a Hawaiian commodities for which
systems approach using inspection, irradiation is an approved treatment. In This proposed rule has been reviewed
washing, grading, and application of addition, we are proposing to add a new under Executive Order 12866. For this
insecticide under which sweetpotatoes treatment schedule and a new section action, the Office of Management and
may be moved interstate from Puerto § 318.13–4d to authorize vapor heat Budget has waived its review under
Rico to certain locations in the treatment as a treatment for Executive Order 12866.
mainland United States. sweetpotatoes moved interstate from
With the exception of sweetpotatoes, This proposed rule would make
Hawaii. Neither of these changes would
cotton, cottonseed, and cottonseed several amendments to the current
be complicated by our removal of the
products, and soil, the regulations in provisions for the use of irradiation as
sweetpotatoes subpart.)
part 318 are organized first by locality In the Puerto Rico and U.S. Virgin a treatment for various plant pests,
and then by commodity; e.g., if a person Islands quarantine regulations, allow the use of irradiation and
wishes to move tomatoes interstate from § 318.58–4 allows an inspector to issue inspection as a treatment for bananas
Puerto Rico, that person would look in a certificate for interstate movement for moved interstate from Hawaii as an
the Puerto Rico and U.S. Virgin Islands regulated fruits and vegetables after alternative to the systems approach
quarantine regulations to determine undergoing an approved treatment from currently described in the regulations,
whether tomatoes from Puerto Rico 7 CFR part 305 and if the articles are and allow the use of a vapor heat
could be moved interstate and, if so, handled after treatment in accordance treatment for sweetpotatoes moved
under what conditions they would be with all conditions that the inspector interstate from Hawaii as an alternative
allowed to move. We believe that this requires. Since fumigation with methyl to fumigation with methyl bromide and
organization reflects how regulated bromide is already listed in 7 CFR part irradiation. The potential economic
parties use the Code of Federal 305 as an approved treatment for impacts of the proposed changes are
Regulations, as persons who wish to sweetpotatoes from Puerto Rico and the discussed below.
Irradiation Treatment for Fruits and System (NAICS) to determine which allowed as an alternative phytosanitary
Vegetables economic entities meet the definition of treatment.
a small firm. The proposed changes would result in
The regulations in § 305.31 set out
Irradiation facilities affected by the lower costs and increased flexibility for
standards, minimum doses, and other
proposed rule change would belong to importers, gains that could be expected
requirements for performing irradiation
one of the following two NAICS to be at least partly realized by U.S.
treatments on imported fruits and
categories: (1) Firms providing consumers through lower prices,
vegetables and set out minimum doses
irradiation services for the treatment of assuming competitive markets. For
necessary to neutralize 11 fruit flies and
fruits and vegetables, which would fall some commodities, irradiation may also
the mango seed weevil. This proposed
within NAICS category 115114, provide quality advantages over other
rule would add minimum doses for ‘‘Postharvest Crop Activities (except treatment methods in terms of increased
more pests and lower the minimum Cotton Ginning)’’; or (2) firms providing shelf life. Choice of irradiation as a
doses for others. Specifically, this irradiation services for decontamination treatment alternative would rest upon
proposal would establish: or sterilization purposes, which would its expected net returns relative to other
• A minimum generic dose of 400 Gy fall within NAICS category 811219, treatment methods.
for all arthropod plant pests other than which includes ‘‘Medical and surgical Because these proposed changes
pupae and adults of the order equipment repair and maintenance would have the potential to affect the
Lepidoptera; services.’’ importation or interstate movement of a
• A minimum generic dose of 150 Gy Most treatments of Hawaiian produce wide range of commodities, it is
for all fruit flies of the family are likely to occur at an existing difficult to predict exactly what
Tephriditae; irradiation facility on the island of economic effects the proposed changes
• Lower minimum doses for certain Hawaii. This facility is used to treat would have. APHIS welcomes public
fruit flies; and other fruits and vegetables for which comment on the possible impacts of
• New approved minimum doses for irradiation is an approved treatment and these proposed changes. However,
nine plant pests. can be classified under NAICS category while affected irradiation firms, large
This proposed rule would also allow 115114, ‘‘Postharvest Crop Activities and small, would be expected to benefit,
irradiation to serve as an alternative to (except Cotton Ginning).’’ The SBA we do not expect the impacts to be
other approved treatments for additional criteria classify this facility as a small significant.
fruits and vegetables moved interstate entity, since its annual sales are less
from Hawaii, Puerto Rico, and the U.S. than $6 million. Irradiation and Inspection for Bananas
Virgin Islands. Fruits and vegetables Another firm on the U.S. mainland Moved Interstate From Hawaii
from Hawaii, Puerto Rico, and the U.S. operates two facilities in Illinois and The regulations in § 318.13–4i
Virgin Islands that are required to be one facility in New Jersey. Its primary currently provide that green bananas
treated by other means for pests listed service is to provide irradiation (Musa spp.) of the cultivars ‘‘Williams’’,
in § 305.31(a) prior to interstate treatment for the sanitation of medical ‘‘Valery’’, ‘‘Grand Nain’’, and standard
movement would be allowed to be devices on contract. This firm is dwarf ‘‘Brazilian’’ may be moved
moved interstate if they are treated with classified within NAICS category interstate from Hawaii under a systems
irradiation at the doses listed in 811219, which includes ‘‘Medical and approach. At this time, only green
§ 305.31(a) and in accordance with the surgical equipment repair and bananas of these specified cultivars may
other conditions specified in § 305.34. maintenance services.’’ However, since be moved.
At present, § 305.34 only provides for it is part of a larger corporation for We are proposing to add two
irradiation treatment of fruits and which annual receipts may exceed $6 combinations of irradiation and
vegetables from Hawaii; however, we million, this firm is not classified as a inspection as treatments for bananas
have determined that irradiation small entity under the SBA criteria. from Hawaii. Specifically, bananas,
treatment can be used effectively for Thus, at least one firm that could be regardless of cultivar or ripeness, from
commodities from Puerto Rico and the affected by the proposed changes is a Hawaii would be eligible for interstate
U.S. Virgin Islands if the safeguards in small entity. movement if they have been inspected
§ 305.34 are implemented. Currently, no However, irradiation facilities, in Hawaii for the banana moth,
irradiation facilities exist in Puerto Rico whether large or small, would benefit Opogona sacchari (Bojen), and have
and the U.S. Virgin Islands, and no from the proposed changes. The range of undergone irradiation treatment with a
requests have been received to approve commodities imported and moved minimum dose of 400 gray at an
the construction of such facilities. interstate for which irradiation would approved facility. Bananas from Hawaii
However, the proposed rule would be an approved treatment would would also be eligible for interstate
provide for the option of moving the increase. At the same time, dosage movement if they have been inspected
commodities under limited permit to an levels, and therefore operating costs, in Hawaii for the banana moth and the
irradiation facility on the U.S. mainland would decrease for many commodities. green scale, Coccus viridis (Green), and
for treatment prior to entering interstate The proposed changes to irradiation have undergone irradiation treatment
commerce. doses and proposed provisions allowing with a minimum dose of 150 gray at an
the use of pest-specific doses to treat approved facility.
Impact on Small Entities of Proposed commodities for interstate movement
Changes in Irradiation Treatment of would facilitate the importation of fruits Cost of Irradiation Treatment
Fruits and Vegetables and vegetables and their interstate The cost of irradiation is estimated at
The Regulatory Flexibility Act movement from Hawaii, Puerto Rico, 15 cents per pound.3 We expect that
requires that agencies specifically and the U.S. Virgin Islands. For certain most bananas moved interstate from
consider the economic impact of their pests for which irradiation is already an Hawaii under this proposed approach
regulations on small entities. The Small approved treatment, required irradiation would be treated at the existing
Business Administration (SBA) has dosages would be lowered to the commercial irradiation facility on the
established size criteria using the North minimum level necessary. In other
American Industry Classification instances, irradiation would be newly 3 Source: Hawaii Department of Agriculture.
island of Hawaii. However, the the current regulations because Hawaiian growers moved approximately
proposed treatment could be performed § 318.13–4i(c) of the regulations requires 12 million pounds of papayas to U.S.
at the irradiation facilities on the that bananas to be moved interstate be mainland markets in 2003.4 Demand
mainland United States as well. inspected by an inspector and found may be especially high for the apple
Cost of APHIS Inspection free of the following defects: banana variety, which has a higher
Prematurely ripe fingers, fused fingers, sugar content and more aromatic flavor
Monitoring of quarantine treatments or exposed flesh (not including fresh than the standard commercial banana
conducted during standard business cuts made during the packing process). varieties currently available in U.S.
hours (weekdays between 8 a.m. and Bananas moved interstate from Hawaii mainland markets. Consumers would
4:30 p.m.) on the island of Hawaii under this systems approach are benefit from the availability of this
comes at no cost to the facility. APHIS required to be free of these defects specialty product.
charges for the monitoring of treatments because they are conducive to fruit fly Hawaii accounts for almost all U.S.
conducted before 8 a.m. and after 4:30 infestation. However, growers are banana production.5 In 2002, there were
p.m. and on weekends at a time-and-a- concerned about the risk of having 677 banana farms in Hawaii,6 and the
half rate. whole shipments of fruit prohibited value of sales amounted to $ 8.6
Benefits from interstate movement as a result of million.7 Table 1 summarizes
a single fault detected when bananas in production information for bananas and
The proposed combination of
a random selection of boxes are papayas in Hawaii. The utilized
irradiation treatment and inspection
inspected. No commercial container production of bananas amounted to 19.5
would offer an alternative to the current
shipments of bananas have been made million pounds in 2002.
systems approach for green fruit of the
to U.S. mainland markets under the The U.S. imported 7,883 million
specified four banana cultivars, and
would allow fruit of any ripeness or current regulations. Since the pounds (3,576 million kg) of fresh
cultivar to be moved interstate from combinations of irradiation and bananas in 2003, valued at $959
Hawaii. The approach described in this inspection that would be required by million.8 Ecuador, Costa Rica,
proposal can be used to mitigate the this proposed rule are sufficient to Guatemala, Colombia, and Honduras
pest risk associated with all Hawaiian neutralize fruit flies and other pests of accounted for 97 percent of the quantity
bananas, regardless of cultivar or concern, the combination of irradiation of imports (table 2). Compared to the
ripeness. This would allow banana and inspection described in this 7,883 million pounds of bananas
producers and parties moving bananas proposed rule would provide the currently imported, Hawaii’s total
interstate greater flexibility in Hawaiian banana industry with an production of 20 million pounds is
operations, more choices with regard to alternative treatment for interstate extremely small, and it is not likely that
the types of bananas moved interstate, a movement and could open new trade 100 percent of the State’s production
greater volume of bananas to ship, and opportunities. would be moved to the mainland United
less risk of facing rejections during U.S. consumers would benefit from an States. Thus, as long as phytosanitary
inspection under the current systems increased supply of bananas. Growers in mitigation by means of the approved
approach and Banana Compliance Hawaii believe that the U.S. mainland treatments is maintained, the interstate
Agreement. demand for bananas from Hawaii may movement of bananas from Hawaii is
Growers have been reluctant to ship be equivalent to (if not higher than) the unlikely to significantly affect current
bananas to U.S. mainland markets under existing demand for Hawaiian papaya. U.S. trade in fresh bananas.
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 pounds) .......................................................................................................................... 19,500 45,900
Price (per pound) ..................................................................................................................................................... $0.430 $0.260
Value of utilized production ..................................................................................................................................... 1 $8.385 1 $11.924
Movement to mainland U.S. markets (1,000 pounds) ............................................................................................ (2) 12,000

Sources: Hawaii Department of Agriculture (movement statistics) and National Agricultural Statistics Service.
1 Inmillions.
2 None.
TABLE 2.—QUANTITY AND VALUE OF FRESH BANANAS IMPORTED INTO THE UNITED STATES FROM THE FIVE MAJOR
EXPORTING COUNTRIES (2003)
Value
Quantity
Country (million U.S.
(million kg) dollars)
Ecuador ................................................................................................................................................................ 902 237.8

Costa Rica ........................................................................................................................................................... 901 247.5
Guatemala ........................................................................................................................................................... 868 229.1
Colombia .............................................................................................................................................................. 429 117.7
4 Source:Hawaii Department of Agriculture. 6 National Agricultural Statistics Service, 2002 7 From http://www.nass.usda.gov/hi/fruit/
5 TheCensus of Agriculture (2002) reports Census of Agriculture. annban.htm. Sales of Hawaiian bananas in 2003
minimal acreage in California, Florida, and Texas, were valued at $9.225 million.
which together account for only 131 acres. 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)—Continued
Value
Quantity
Country (million U.S.
(million kg) dollars)
Honduras ............................................................................................................................................................. 388 100.4
Total imports ................................................................................................................................................. 3,576 959.3

Source: World Trade Atlas (2003).
Impact on Small Entities of Proposed traditionally certified vapor heat TABLE 3.—ESTIMATED PER-UNIT COST
Irradiation and Inspection for Bananas treatment chambers (for example, for OF VAPOR HEAT TREATMENT, IRRA-
Moved Interstate From Hawaii papaya) in the ‘‘fully loaded DIATION, AND METHYL BROMIDE FU-
Most treatments of Hawaiian bananas configuration.’’ The costs of treating MIGATION—Continued
are likely to occur at the existing sweetpotato in smaller batch loads still
irradiation facility on the island of have to be determined. This estimate of Per unit
Hawaii, which, as noted previously, is treatment cost also does not include a Treatment cost (cents
considered a small entity. mark-up for the facility. The mark-up per pound)
Banana farming is classified under will be determined by the number of
plants providing service and the Three pallets ......................... 13.5
NAICS category 111339 as ‘‘Other Four pallets ........................... 10.1
Noncitrus Fruit Farming.’’ The SBA demand for service.
Five pallets ............................ 8.1
considers entities in this category to be Cost of APHIS Inspection for Vapor Six pallets .............................. 6.7
small if their average annual receipts are Heat Treatment or Irradiation Nine pallets ........................... 7.6
less than $750,000. The 677 banana Twelve pallets ....................... 6.9
farms in Hawaii accounted for annual Monitoring of quarantine treatments
sales of $8.6 million in total in 2002. conducted during standard business 1 One pallet contains 1,500 pounds of
Therefore, it is likely that most hours (weekdays between 8 a.m. and sweetpotatoes.
Hawaiian banana farms would be 4:30 p.m.) on the island of Hawaii Sources: Packinghouse estimate (vapor
comes at no cost to the facility. APHIS heat treatment); Hawaii Department of Agri-
classified as small entities under the culture (irradiation and methyl bromide
SBA criteria. The treatment monitoring charges for the monitoring of treatments fumigation).
program will be mainly operated by conducted before 8 a.m. and after 4:30
APHIS personnel, and no impact is p.m. and on weekends at a time-and-a- The availability of vapor heat
anticipated on other small entities and half rate. treatment thus provides the Hawaiian
government agencies. Comparison of Vapor Heat Treatment, sweetpotato industry with an alternative
Irradiation, and Methyl Bromide treatment option at a competitive cost.
Vapor Heat Treatment for Furthermore, the vapor heat treatment
Sweetpotatoes Moved Interstate From Vapor heat treatment would provide plants in Hawaii will benefit if
Hawaii the Hawaiian sweetpotato industry with sweetpotatoes are included in the list of
We are proposing to allow vapor heat an alternative treatment to irradiation or agricultural products to be treated.
treatment, combined with tuber cutting methyl bromide fumigation. If vapor
heat treatment could be performed at 2 Impact of the Proposal on U.S.
and visual inspection, to be used as a Sweetpotato Production
treatment for sweetpotatoes moved to 3 cents per pound, it would
interstate from Hawaii. We believe this constitute the most cost-effective
Commercial sweetpotato production
treatment would be an effective treatment, compared to irradiation at 15
in Hawaii occurs on the islands of
alternative to the methyl bromide and cents per pound and fumigation costs
Hawaii, Kauai, Maui, and Oahu. In
irradiation treatments currently ranging from 40.6 cents per pound for
2002, there were 59 sweetpotato farms,9
prescribed by the regulations to control 1 pallet to 6.7 cents per pound for 12
and the value of sales was $989,000.10
pests of concern. pallets (table 3). (These are treatment
The utilized production of
costs only and do not include the costs
Cost of Vapor Heat Treatment sweetpotatoes in Hawaii was 1.8 million
of APHIS monitoring or inspection
pounds in 2001 (table 4). The crop is in
Hawaii has three packing plants on activities or inter-island transportation
year-round production in Hawaii.
the Island of Hawaii that provide vapor costs necessary to perform treatments.)
heat treatment services. No other vapor
heat treatment plants are currently in TABLE 3.—ESTIMATED PER-UNIT COST TABLE 4.—PRODUCTION STATISTICS
operation elsewhere in the State. Since OF VAPOR HEAT TREATMENT, IRRA-
FOR HAWAIIAN SWEETPOTATOES
APHIS has yet to certify a facility for the DIATION, AND METHYL BROMIDE FU-
(2001)
treatment of sweetpotato by vapor heat, MIGATION
Item Amount
the costs of treating this crop
specifically cannot be determined with Per unit Harvested acres ........................... 220
certainty at this time. However, one of Treatment cost (cents
per pound) Yield per acre (1,000 pounds) ...... 8.2
the packinghouses estimated that vapor Production (1,000 pounds) ........... 1,800
heat treatment costs could amount to 2 Vapor heat treatment ................ 2–3
to 3 cents per pound for the required Irradiation .................................. 15 9 National Agricultural Statistics Service, 2002
treatment protocol. This estimate Methyl bromide fumigation: 1 Census of Agriculture.
considered the costs of labor, electricity, One pallet .............................. 40.6 10 From http://www.nass.usda.gov/hi/vegetble/
water, and sewer service. APHIS has Two pallets ............................ 20.3 annveg.htm.
TABLE 4.—PRODUCTION STATISTICS TABLE 6.—PRODUCTION AND UTILIZA- Impact on Small Entities of Proposed
FOR HAWAIIAN SWEETPOTATOES TION STATISTICS FOR Vapor Heat Treatment of Sweetpotatoes
(2001)—Continued SWEETPOTATOES IN THE UNITED Moved Interstate From Hawaii
STATES (2003) 1—Continued The availability of vapor heat
Item Amount treatment at a competitive cost could
Item Amount divert some sweetpotatoes moved
Farm price (cents per pound) 1 .... 50
interstate from Hawaii from the existing
1 The 2001 farm price for sweetpotato was Constant 1996 dollars ($/cwt) .... 13.91 irradiation facility in Hawaii to a vapor
47.3 cents per pound in Hawaii, Honolulu, and 1 Estimates are for the total United States, heat treatment facility. This would
the Kauai Counties, and 60 cents per pound in and therefore include Hawaii. Forecasted esti- impact the existing irradiation facility in
the Maui County (Hawaiian Department of Ag- mates are shown.
riculture). Hawaii, which is a small entity.
2 Total utilization includes 103 million
Source: Hawaii Agricultural Statistics pounds used for seed and 67.8 million pounds However, it is not known at this time
Service. accruing to feed use, shrink, and loss. what proportion of Hawaiian
Source: Economic Research Service, United sweetpotatoes moved interstate would
In the mainland United States, States Department of Agriculture. Acres were be treated with vapor heat instead of
sweetpotato is grown commercially in obtained from Lucier, G. ‘‘Sweet potatoes— irradiation if this proposal becomes
Alabama, California, Georgia, Louisiana, getting to the root of demand.’’ Economic Re- effective.
Mississippi, New Jersey, North Carolina, search Service, USDA, 2002. On the other hand, vapor heat
South Carolina, Texas, and Virginia. The Hawaiian sweetpotatoes intended treatment facilities could benefit if
North Carolina, Louisiana, Mississippi, vapor heat is approved as a treatment
for the U.S. mainland markets are of a
and California account for the major for sweetpotatoes moved interstate from
special purple flesh variety, and they
proportion of production area by State
are therefore shipped to the mainland as Hawaii. However, since facilities for the
(table 5). In total, the United States vapor heat treatment of Hawaiian
produced 1,355 million pounds of a specialty product intended for niche
markets. U.S. mainland consumers sweetpotatoes have not been certified
sweetpotatoes from 93,500 acres in 2003 yet, the businesses cannot be
(table 6). The Hawaiian sweetpotato could, therefore, benefit from an
increased supply of these specialty conclusively categorized into small or
production of 1.8 million pounds thus large entities at this time.
comprises a minor proportion of the sweetpotatoes.
Sweetpotato farming is classified
total production of 1,355 million Interstate movement provides under NAICS category 111219, ‘‘Other
pounds in the United States. Hawaiian growers and shippers with Vegetables (except Potato) and Melon
increased marketing opportunities. Farming.’’ According to the SBA’s
TABLE 5.—ACRES OF Sweetpotatoes are in year-round criteria, an entity involved in crop
SWEETPOTATOES PLANTED IN THE production in Hawaii, but some production is considered small if it has
UNITED STATES (2003) seasonal variation in volume is average annual receipts of less than
expected. Out-shipment to U.S. $750,000. The 59 sweetpotato farms in
Acres mainland markets is estimated at 50,000 Hawaii accounted for annual sales of
State planted to 60,000 pounds per week. New $989,000 in total in 2002. Therefore, it
plantings of the crop have increased on is likely that most of these farms would
North Carolina .......................... 42,000 the island of Hawaii since irradiation
be considered small entities according
Louisiana .................................. 18,000
was approved as an alternative to to the SBA criteria. The monitoring and
Missisippi .................................. 14,000
California ................................... 10,100
methyl bromide fumigation in June inspection program will be mainly
Texas ........................................ 3,400 2003. However, plantings are likely to operated by APHIS personnel, and no
Alabama .................................... 2,900 increase each year if the market demand impact is anticipated on other small
Others 1 ..................................... 3,100 increases for Hawaiian sweetpotatoes entities and government agencies.
regardless of whether the product is Under these circumstances, the
Total ................................... 93,500 treated by methyl bromide fumigation, Administrator of the Animal and Plant
1 Including Hawaii.
irradiation, or vapor heat treatment. Health Inspection Service has
Source: Economic Research Service, Nevertheless, even if sweetpotato determined that this action would not
USDA. production increases in Hawaii, the have a significant economic impact on
relative volume of production (1.8 a substantial number of small entities.
TABLE 6.—PRODUCTION AND UTILIZA- million pounds) remains extremely Executive Order 12372
TION STATISTICS FOR small in comparison to the volume of
This program/activity is listed in the
SWEETPOTATOES IN THE UNITED U.S. mainland sweetpotato production Catalog of Federal Domestic Assistance
STATES (2003) 1 (1.36 billion pounds).
under No. 10.025 and is subject to
Thus, since Hawaiian production is so Executive Order 12372, which requires
Item Amount small in comparison to U.S. mainland intergovernmental consultation with
production, and as long as State and local officials. (See 7 CFR part
Acres planted .............................. 93,500 phytosanitary mitigation by the
Three-year average yield (cwt/ 3015, subpart V.)
approved treatments is maintained,
acre) ........................................ 150
sweetpotato shipments from Hawaii are Executive Order 12988
Production (million pounds) ........ 1,355
Imports (million pounds) ............. 17.0 unlikely to affect mainland producers. This proposed rule has been reviewed
Exports (million pounds) ............. 53.0 Consumers would benefit from the under Executive Order 12988, Civil
Total utilization (million pounds) 2 1,148.3 availability of the purple-fleshed Justice Reform. If this proposed rule is
Per capita use (pounds) ............. 3.9 specialty sweetpotato product, and the adopted: (1) All State and local laws and
Three-year average per capita Hawaiian sweetpotato industry would regulations that are inconsistent with
use (pounds) ........................... 4.0 gain opportunities to expand its this rule will be preempted; (2) no
Current dollars ($/cwt) ................ 15.75 mainland U.S. markets. retroactive effect will be given to this
rule; and (3) administrative proceedings requirements. These comments will Reporting and recordkeeping
will not be required before parties may help us: requirements, Transportation.
file suit in court challenging this rule. (1) Evaluate whether the proposed
information collection is necessary for 7 CFR Part 305
Paperwork Reduction Act the proper performance of our agency’s Irradiation, Phytosanitary treatment,
In accordance with section 3507(d) of functions, including whether the Plant diseases and pests, Quarantine,
the Paperwork Reduction Act of 1995 information will have practical utility; Reporting and recordkeeping
(44 U.S.C. 3501 et seq.), the information (2) Evaluate the accuracy of our requirements.
collection or recordkeeping estimate of the burden of the proposed
7 CFR Part 318
requirements included in this proposed information collection, including the
rule have been submitted for approval to validity of the methodology and Cotton, Cottonseeds, Fruits, Guam,
the Office of Management and Budget assumptions used; Hawaii, Plant diseases and pests, Puerto
(OMB). Please send written comments (3) Enhance the quality, utility, and Rico, Quarantine, Transportation,
to the Office of Information and clarity of the information to be Vegetables, Virgin Islands.
Regulatory Affairs, OMB, Attention: collected; and 7 CFR Part 319
Desk Officer for APHIS, Washington, DC (4) Minimize the burden of the
information collection on those who are Coffee, Cotton, Fruits, Honey,
20503. Please state that your comments
to respond (such as through the use of Imports, Logs, Nursery stock, Plant
refer to Docket No. 03–077–1. Please
appropriate automated, electronic, diseases and pests, Quarantine,
send a copy of your comments to: (1)
mechanical, or other technological Reporting and recordkeeping
Docket No. 03–077–1, Regulatory
collection techniques or other forms of requirements, Rice, Vegetables.
Analysis and Development, PPD, Accordingly, we propose to amend 7
APHIS, Station 3C71, 4700 River Road information technology; e.g., permitting
electronic submission of responses). CFR parts 301, 305, 318, and 319 as
Unit 118, Riverdale, MD 20737–1238, follows:
and (2) Clearance Officer, OCIO, USDA, Estimate of burden: Public reporting
room 404–W, 14th Street and burden for this collection of information
is estimated to average 0.2487 hours per PART 301—DOMESTIC QUARANTINE
Independence Avenue SW., NOTICES
Washington, DC 20250. A comment to response.
Respondents: Importers and exporters 1. The authority citation for part 301
OMB is best assured of having its full
of fruits and vegetables, irradiation would continue to read as follows:
effect if OMB receives it within 30 days
facility personnel, shippers, and State
of publication of this proposed rule. Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22,
plant regulatory officials. 2.80, and 371.3.
This proposed rule would revise the Estimated annual number of
approved doses for irradiation treatment Section 301.75–15 also issued under Sec.
respondents: 17. 204, Title II, Pub. L. 106–113, 113 Stat.
of imported fruits and vegetables by Estimated annual number of 1501A–293; sections 301.75–15 and 301.75–
establishing a new minimum generic responses per respondent: 60.2941. 16 also issued under Sec. 203, Title II, Pub.
dose of irradiation for most arthropod Estimated annual number of L. 106–224, 114 Stat. 400 (7 U.S.C. 1421
plant pests, establishing a new responses: 1,025. note).
minimum generic dose for the fruit fly Estimated total annual burden on
family, reduce the minimum dose of respondents: 255 hours. (Due to 2. In § 301.64–10, paragraph (g) would
irradiation for some specific fruit fly averaging, the total annual burden hours be revised to read as follows:
species, and adding nine pests to the list may not equal the product of the annual
of pests for which irradiation is an § 301.64–10 Treatments.
number of responses multiplied by the
approved treatment. Furthermore, we reporting burden per response.) * * * * *
are proposing to provide for the Copies of this information collection (g) Approved irradiation treatment.
irradiation of fruits and vegetables can be obtained from Mrs. Celeste Irradiation, carried out in accordance
moved interstate from Hawaii at the Sickles, APHIS’ Information Collection with the provisions of part 305 of this
pest-specific irradiation doses that are Coordinator, at (301) 734–7477. chapter, is approved as a treatment for
now approved for imported fruits and any fruit listed as a regulated article in
Government Paperwork Elimination § 301.64–2(a).
vegetables. We are also proposing to
Act Compliance 3. In § 301.78–10, paragraph (c) would
provide for the use of irradiation to treat
fruits and vegetables moved interstate The Animal and Plant Health be revised to read as follows:
from Puerto Rico and the U.S. Virgin Inspection Service is committed to § 301.78–10 Treatments.
Islands. Finally, we are proposing to compliance with the Government
Paperwork Elimination Act (GPEA), * * * * *
add irradiation as a treatment for (c) Approved irradiation treatment.
bananas from Hawaii and to add vapor- which requires Government agencies in
general to provide the public the option Irradiation, carried out in accordance
heat treatment as an optional treatment with the provisions of part 305 of this
for sweetpotatoes from Hawaii. of submitting information or transacting
business electronically to the maximum chapter, is approved as a treatment for
These changes would necessitate the any berry, fruit, nut, or vegetable listed
use of certain information collection extent possible. For information
pertinent to GPEA compliance related to as a regulated article in § 301.78–2(a) of
activities, including the completion of this subpart.
certificates and limited permits for this proposed rule, please contact Mrs.
Celeste Sickles, APHIS’ Information * * * * *
interstate movement of fruits and
vegetables and the completion of Collection Coordinator, at (301) 734–
7477. PART 305—PHYTOSANITARY
phytosanitary certificates for imported TREATMENTS
fruits and vegetables. List of Subjects
We are soliciting comments from the 4. The authority citation for part 305
public (as well as affected agencies) 7 CFR Part 301 would continue to read as follows:
concerning our proposed information Agricultural commodities, Plant Authority: 7 U.S.C. 7701–7772; 21 U.S.C.
collection and recordkeeping diseases and pests, Quarantine, 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
5. Section 305.2 would be amended as § 305.2 Approved treatments. and the U.S. Virgin Islands by
follows: * * * * * irradiation at the minimum doses listed
a. By revising paragraph (h)(1) to read in § 305.31(a) and in accordance with
as set forth below. (h) Fruits and vegetables. (1)
Treatment of fruits and vegetables from § 305.34 may be substituted for other
b. In the table in paragraph (h)(2)(ii), approved treatments for any of the pests
under Hawaii, by adding a new entry, in foreign localities by irradiation in
accordance with § 305.31 may be listed in § 305.31(a).
alphabetical order, for ‘‘banana’’ to read
as set forth below. substituted for other approved (2) * * *
c. In the table in paragraph (h)(2)(ii), treatments for any of the pests listed in (ii) * * *
under Hawaii, by revising the entry for § 305.31(a). Treatment of fruits and
‘‘sweetpotato’’ to read as set forth below. vegetables from Hawaii, Puerto Rico,
Location Commodity Pest Treatment schedule
* * * * * * *
Hawaii
* * * * * * *
Banana ....................... Bactrocera curcurbitae, Bactrocera dorsalis, IR.
Ceratitis capitata, Coccus viridis.
* * * * * * *
Sweetpotato ............... Euscepes postfasciatus, Omphisa MB T101–b–3–1 or § 305.24(k) or IR.
anastomosalis, Elytrotreinus subtruncatus.
* * * * * * *
* * * * * the temperature of the air surrounding held at 116.6 °F (47 °C) or higher for 190
6. In § 305.24, a new paragraph (k) the sweetpotato roots reaches 87.8 °F minutes.
would be added to read as set forth (31 °C), its temperature must be 7. In § 305.31, the section heading and
below. incrementally raised from 87.8 °F (31 paragraph (a), including the table,
°C) to 111.2 °F (44 °C) over a period of would be revised to read as follows:
§ 305.24 Vapor heat treatment schedules.
240 minutes.
* * * * * § 305.31 Irradiation treatment of imported
(k) Vapor heat treatment for (3) Using saturated water vapor at fruits and vegetables for certain plant pests.
sweetpotatoes moved interstate from 118.4 °F (48 °C), the core temperature of (a) Approved doses. Irradiation at the
Hawaii. (1) Temperature probes must be the individual sweetpotato roots must following doses for the specified plant
placed in the approximate center of be raised to 116.6 °F (47 °C). pests, carried out in accordance with the
individual sweetpotato roots. (4) After the core temperature of the provisions of this section, is approved
(2) The air surrounding the sweetpotato roots reaches 116.6 °F (47 as a treatment for all fruits and
sweetpotato roots must be heated. After °C), the core temperature must then be vegetables:
IRRADIATION FOR CERTAIN PLANT PESTS IN IMPORTED FRUITS AND VEGETABLES

Scientific name Common name Dose (gray)
Anastrepha ludens ........................................................................ Mexican fruit fly ............................................................................ 70

Anastrepha obliqua ....................................................................... West Indian fruit fly ...................................................................... 100
Anastrepha serpentina .................................................................. Sapote fruit fly .............................................................................. 100
Anastrepha suspensa ................................................................... Caribbean fruit fly ........................................................................ 70
Bactrocera jarvisi ........................................................................... Jarvis fruit fly ................................................................................ 100
Bactrocera tryoni ........................................................................... Queensland fruit fly ...................................................................... 100
Brevipalpus chilensis ..................................................................... False red spider mite ................................................................... 300
Coccus viridis ................................................................................ Green scale ................................................................................. 400
Conotrachelus nenuphar ............................................................... Plum curculio ............................................................................... 92
Croptophlebia ombrodelta ............................................................. Litchi fruit moth ............................................................................ 250
Cryptophlebia illepida .................................................................... Koa seedworm ............................................................................. 250
Cylas formicarius elegantulus ....................................................... Sweetpotato weevil ...................................................................... 165
Cydia pomonella ........................................................................... Codling moth ................................................................................ 200
Grapholita molesta ........................................................................ Oriental fruit moth ........................................................................ 200
Rhagoletis pomonella .................................................................... Apple maggot ............................................................................... 60
Sternochetus mangiferae (Fabricus) ............................................. Mango seed weevil ...................................................................... 300
Fruit flies of the family Tephritidae not listed above ............................................................................................................................... 150
Plant pests of the phylum Arthropoda not listed above, except pupae and adults of the order Lepidoptera ........................................ 300
* * * * * § 305.32 [Amended] a. In paragraphs (a)(1) and (d), by

8. Section 305.32 would be amended removing the words ‘‘a minimum
as follows: absorbed ionizing radiation dose of 150
Gray (15 krad)’’ and adding the words (2) Pest specific doses. Any fruits or § 318.13–3 Conditions of movement.
‘‘the approved dose for Mexican fruit fly vegetables not listed in paragraph (a)(1) * * * * *
listed in § 305.31(a) of this subpart’’ in of this section that are required by 7 (b) * * *
their place. CFR part 318 to be treated or subjected (3) Untreated fruits and vegetables
b. In paragraph (e)(2), by removing the to inspection to control one or more of from Hawaii may be moved interstate
words ‘‘150 Gray (15 krad)’’ and adding the plant pests listed in § 305.31(a) may for irradiation treatment on the
the words ‘‘the approved dose for instead be treated with irradiation. mainland United States if the provisions
Mexican fruit fly listed in § 305.31(a) of Fruits and vegetables treated with of § 305.34 are met and if the fruits and
this subpart’’ in their place. irradiation for plant pests listed in vegetables are accompanied by a limited
§ 305.31(a) must be irradiated at the permit issued by an inspector in
§ 305.33 [Amended]
doses listed in § 305.31(a), and the accordance with § 318.13–4(c).
9. Section 305.33 would be amended irradiation treatment must be conducted Untreated bananas from Hawaii may be
as follows: in accordance with the other moved interstate for irradiation
a. In paragraphs (a)(1) and (d), by requirements of § 305.34. treatment on the mainland United States
removing the words ‘‘a minimum * * * * * if the provisions of § 318.13–4i(b) are
absorbed ionizing radiation dose of 225 met and if the bananas are accompanied
Gray (22.5 krad)’’ and adding the words PART 318—HAWAIIAN AND by a limited permit issued by an
‘‘the approved dose for Mediterranean TERRITORIAL QUARANTINE NOTICES inspector in accordance with § 318.13–
fruit fly listed in § 305.31(a) of this 4(c). The limited permit will be issued
subpart’’ in their place. 11. The authority citation for part 318
only if the inspector examines the
b. In paragraph (e)(2), by removing the would continue to read as follows:
shipment and determines that the
words ‘‘225 Gray (22.5 krad)’’ and Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, shipment has been prepared in
adding the words ‘‘the approved dose 2.80, and 371.3. compliance with the provisions of this
for Mediterranean fruit fly listed in subpart.
§ 305.31(a) of this subpart’’ in their § 318.13 [Amended]
12. In § 318.13, paragraph (c) would (4) Untreated sweetpotatoes from
place. Hawaii may be moved interstate for
10. Section 305.34 would be amended be amended by removing the words
‘‘leaves in full force and effect § 318.30 vapor heat treatment on the mainland
as follows: United States if the provisions of
a. By revising the section heading to which restricts the movement from
Hawaii, Puerto Rico, or the Virgin § 318.13–4e are met and if the
read as set forth below. sweetpotatoes are accompanied by a
b. By revising paragraph (a) to read as Islands of the United States into or
through any other State or certain limited permit issued by an inspector in
set forth below. accordance with § 318.13–4(c). The
c. In paragraphs (b), (b)(1), (b)(2)(ii), Territories or Districts of the United
States of all varieties of sweetpotatoes limited permit will be issued only if the
and (b)(4), by adding the words ‘‘, inspector examines the shipment and
Puerto Rico, or the U.S. Virgin Islands’’ (Ipomoea batatas Poir.). It also’’.
13. Section 318.13–1 would be determines that the shipment has been
after the word ‘‘Hawaii’’ each time it prepared in compliance with the
occurs. amended as follows:
a. In the definition of compliance provisions of this subpart.
§ 305.34 Irradiation treatment of certain agreement, by removing the words * * * * *
fruits and vegetables from Hawaii, Puerto ‘‘§ 318.13–3(b), § 318.13–4(b), or
Rico, and the U.S. Virgin Islands. § 318.13–4b [Amended]
§ 318.13–4f of this subpart’’ and adding
(a) Approved irradiation treatment. the words ‘‘§ 318.13(b) or § 318.13–4(b) 16. In § 318.13–4b, paragraph (b)
(1) Commodity-specific doses. of this subpart or § 305.34 of this would be amended as follows:
Irradiation, carried out in accordance chapter’’ in their place. a. By adding the words ‘‘or
with the provisions of this section, is b. By revising the definition of vegetables’’ after the word ‘‘fruits’’ each
approved as a treatment for the inspector to read as set forth below. time it occurs.
following fruits and vegetables from b. By removing the words ‘‘fruit flies’’
Hawaii at the specified dose levels: § 318.13–1 Definitions. and adding the words ‘‘plant pests’’ in
** * * * their place.
IRRADIATION FOR PLANT PESTS IN Inspector. Any individual authorized c. By adding the word
HAWAIIAN FRUITS AND VEGETABLES by the Administrator of APHIS or the ‘‘sweetpotatoes,’’ after the word
Commissioner of Customs and Border ‘‘rambutan,’’.
Commodity Dose (gray) Protection, Department of Homeland 17. A new § 318.13–4d would be
Security, to enforce the regulations in added to read as follows:
Abiu ........................................... 150 this part.
Atemoya .................................... 150 § 318.13–4d Vapor heat treatment of
Bell pepper ............................... 150
* * * * * sweetpotatoes from Hawaii.
Carambola ................................ 150 § 318.13–2 [Amended] (a) Vapor heat treatment, carried out
Eggplant .................................... 150 in accordance with the provisions of
Litchi ......................................... 150 14. In § 318.13–2, in paragraph (b), the
list of articles would be amended by this section, is approved as a treatment
Longan ...................................... 150 for sweetpotato from Hawaii.
Mango ....................................... 300 adding, in alphabetical order, a new
Papaya ...................................... 150 entry for ‘‘Sweetpotato (Ipomoea batatas (b) Sweetpotatoes may be moved
Pineapple (other than smooth Poir.).’’ interstate from Hawaii in accordance
Cayenne) ............................... 150 15. Section 318.13–3 would be with this section only if the following
Rambutan ................................. 150 amended as follows: conditions are met: 2
Sapodilla ................................... 150 a. Paragraph (b)(3) would be revised
Italian squash ........................... 150 2 Sweetpotatoes may also be moved interstate
to read as set forth below. from Hawaii in accordance with § 305.34 of this
Sweetpotato .............................. 400
Tomato ...................................... 150
b. A new paragraph (b)(4) would be chapter or after fumigation with methyl bromide
added to read as set forth below. Continued
(1) The sweetpotatoes must be treated this section, sweetpotato from Hawaii c. By adding a new paragraph (b) to
in accordance with the vapor heat must be sampled, cut, and inspected by read as set forth below.
treatment schedule specified in an inspector and found by an inspector
§ 318.13–4i Conditions governing the
§ 305.24. to be free of the ginger weevil
movement of bananas from Hawaii.
(2) The sweetpotatoes must be (Elytrotreinus subtruncatus) and
sampled, cut, and inspected and found inspected and found by an inspector to * * * * *
to be free of the ginger weevil be free of the gray pineapple mealybug (b) Bananas of any cultivar or ripeness
(Elytrotreinus subtruncatus). Sampling, (Dysmicoccus neobrevipes), and the may also be moved interstate from
cutting, and inspection must be Hawaii in accordance with the
Kona coffee-root knot nematode
performed under conditions that will following conditions:
(Meloidogyne konaensis) before
(1) The bananas are irradiated at the
prevent any pests that may emerge from undergoing vapor heat treatment in minimum dose listed in § 305.31(a) of
the sampled sweetpotatoes from Hawaii. this part and in accordance with the
infesting any other sweetpotatoes (ii) Limited permit. A limited permit
other requirements in § 305.34 of this
intended for interstate movement in shall be issued by an inspector for the
part for the Mediterranean fruit fly
accordance with this section. interstate movement of untreated
(Ceratitis capitata), the melon fruit fly
(3) The sweetpotatoes must be sweetpotato from Hawaii for treatment
(Bactrocera curcurbitae), the Oriental
inspected and found to be free of the on the mainland United States in
fruit fly (Bactrocera dorsalis), and the
gray pineapple mealybug (Dysmicoccus accordance with this section. To be
green scale (Coccus viridis) and are
neobrevipes) and the Kona coffee-root eligible for a limited permit under this
inspected in Hawaii and found to be
knot nematode (Meloidogyne section, untreated sweetpotato from
free of the banana moth (Opogona
konaensis). Hawaii must be sampled, cut, and
sacchari (Bojen)) by an inspector before
(4)(i) Sweetpotatoes that are treated in inspected in Hawaii by an inspector and
or after undergoing irradiation
Hawaii must be packaged in the found by an inspector to be free of the
treatment; or
following manner: ginger weevil (Elytrotreinus (2) The bananas are irradiated at the
(A) The cartons must have no subtruncatus) and inspected and found minimum dose listed in § 305.31(a) of
openings that will allow the entry of by an inspector to be free of the gray this part and in accordance with the
fruit flies and must be sealed with seals pineapple mealybug (Dysmicoccus other requirements in § 305.34 of this
that will visually indicate if the cartons neobrevipes), and the Kona coffee-root part for the Mediterranean fruit fly
have been opened. They may be knot nematode (Meloidogyne (Ceratitis capitata), the melon fruit fly
constructed of any material that konaensis). (Bactrocera curcurbitae), and the
prevents the entry of fruit flies and 18. Section 318.13–4f would be
Oriental fruit fly (Bactrocera dorsalis)
prevents oviposition by fruit flies into revised to read as set forth below.
and are inspected in Hawaii and found
the fruit in the carton.3
§ 318.13–4f Irradiation treatment of certain to be free of the green scale (Coccus
(B) The pallet-load of cartons must be
fruits and vegetables from Hawaii. viridis) and the banana moth (Opogona
wrapped before it leaves the treatment
Irradiation, carried out in accordance sacchari (Bojen)) before or after
facility in one of the following ways:
with the provisions in § 305.34 of this undergoing irradiation treatment.
(1) With polyethylene sheet wrap; (3)(i) A certificate shall be issued by
(2) With net wrapping; or chapter, is approved as a treatment for
the following fruits and vegetables: an inspector for the movement of
(3) With strapping so that each carton
Abiu, atemoya, bell pepper, carambola, bananas from Hawaii that have been
on an outside row of the pallet load is
eggplant, litchi, longan, mango, papaya, treated and inspected in Hawaii in
constrained by a metal or plastic strap.
pineapple (other than smooth Cayenne), accordance with this paragraph
(C) Packaging must be labeled with
rambutan, sapodilla, Italian squash, § 318.13–4i(b). To be certified for
treatment lot numbers, packing and
sweetpotato, and tomato. Any other interstate movement under this
treatment facility identification and
fruits or vegetables that are required by paragraph, bananas from Hawaii must
location, and dates of packing and
this subpart to be treated or subjected to be treated, inspected, and, if necessary,
treatment.
inspection to control one or more of the culled in accordance with the
(ii) Cartons of untreated sweetpotatoes
plant pests listed in § 305.31(a) of this requirements of this paragraph prior to
that are moving to the mainland United
chapter may instead be treated with interstate movement from Hawaii.
States for treatment must be shipped in (ii) A limited permit shall be issued
shipping containers sealed prior to irradiation. Fruits and vegetables treated
with irradiation for plant pests listed in by an inspector for the interstate
interstate movement with seals that will movement of untreated bananas from
visually indicate if the shipping § 305.31(a) must be irradiated at the
doses listed in § 305.31(a), and the Hawaii for treatment on the mainland
containers have been opened. United States in accordance with this
(5)(i) Certification on basis of irradiation treatment must be conducted
in accordance with the other section. To be eligible for a limited
treatment. A certificate shall be issued permit under this paragraph § 318.13–
by an inspector for the movement of requirements of § 305.34.
(Approved by the Office of 4i(b), bananas from Hawaii must be
sweetpotatoes from Hawaii that have inspected in accordance with the
been treated and handled in Hawaii in Management and Budget under control
number 0579–0198) requirements of this paragraph prior to
accordance with this section. To be interstate movement from Hawaii.
certified for interstate movement under 19. Section 318.13–4i would be
amended as follows:
a. By revising the section heading to Subpart—Sweetpotatoes [Removed]
according to treatment schedule T–101–b–3–1, as
provided for in § 305.6(a) of this chapter. read as set forth below. 20. Subpart—Sweetpotatoes,
3 If there is a question as to the adequacy of a b. By redesignating paragraphs (a), (b), consisting of §§ 318.30 and 318.30a,
carton, send a request for approval of the carton, (c), and (d) as paragraphs (a)(1), (a)(2), would be removed.
together with a sample carton, to the Animal and (a)(3), and (a)(4), respectively, and by
Plant Health Inspection Service, Plant Protection § 318.58 [Amended]
and Quarantine, Center for Plant Health Inspection
designating the introductory text of the
and Technology, 1017 Main Campus Drive, suite section as paragraph (a), introductory 21. In § 318.58, paragraph (d) would
2500, Raleigh, NC 27606. text. be amended by removing the words
‘‘leaves in full force and effect § 318.30 (3) During the growing season an DEPARTMENT OF ENERGY
which restricts the movement from approved insecticide must have been
Hawaii, Puerto Rico, or the Virgin applied to the vines at prescribed Federal Energy Regulatory
Islands of the United States into or intervals. Commission
through any other State or certain (b) An inspector of the
Territories or Districts of the United 18 CFR Parts 260 and 284
Commonwealth of Puerto Rico must
States of all varieties of sweetpotatoes [Docket No. RM05–12–000]
certify that the sweetpotatoes have been
(Ipomoea batatas Poir.). It also’’.
22. In § 318.58–1, the definition of washed.
Modification of Natural Gas Reporting
inspector would be revised to read as set (c) The sweetpotatoes must be graded Regulations
forth below. by inspectors of the Commonwealth of
Puerto Rico in accordance with Puerto May 27, 2005.
§ 318.58–1 Definitions. AGENCY: Federal Energy Regulatory
Rican standards which do not provide a
* * * * * tolerance for insect infestation or Commission.
Inspector. Any individual authorized ACTION: Notice of proposed rulemaking.
evidence of insect injury and found by
by the Administrator of APHIS or the
such inspectors to comply with such
Commissioner of Customs and Border SUMMARY: The Federal Energy
Protection, Department of Homeland standards prior to movement from
Regulatory Commission (Commission) is
Security, to enforce the regulations in Puerto Rico.
proposing to amend its regulations to
this part. (d) The sweetpotatoes must be standardize the filing format for
* * * * * inspected by an inspector and found to reporting natural gas service
be free of the sweetpotato scarabee interruptions and emergency natural gas
§ 318.58–2 [Amended] (Euscepes postfasciatus Fairm.). sale, transportation and exchange. The
23. In § 318.58–2, in paragraph (b)(2), Commission is also proposing to
the list of articles would be amended by PART 319—FOREIGN QUARANTINE modernize the filing method, develop a
adding, in alphabetical order, a new NOTICES tracking method for filings, and develop
entry for ‘‘Sweetpotato (Ipomoea batatas an electronic notification system to
Poir.).’’ 26. The authority citation for part 319 notify appropriate Commission staff
24. A new section § 318.58–4b would would continue to read as follows: when the information is filed with the
be added to read as set forth below. Commission. In addition, the
Authority: 7 U.S.C. 450 and 7701–7772; 21
§ 318.58–4b Irradiation treatment of fruits U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and Commission seeks comment on
and vegetables from Puerto Rico and the 371.3. affording Critical Energy Infrastructure
U.S. Virgin Islands. Information (CEII) protection where
Any fruits or vegetables from Puerto § 319.56–2 [Amended] applicable. These modifications are the
Rico or the U.S. Virgin Islands that are 27. In § 319.56–2, paragraph (k) would result of a review conducted by the
required by this subpart to be treated or be amended by removing the words ‘‘11 Commission’s Information Assessment
subjected to inspection to control one or Team (FIAT) of the Commission’s
species of fruit flies and one species of
more of the plant pests listed in current information collections by
seed weevil’’ and adding the words
§ 305.31(a) of this chapter may instead evaluating their original purposes and
‘‘plant pests’’ in their place. current uses, and to propose ways to
be treated with irradiation. Fruits and
vegetables treated with irradiation for § 319.56–2x [Amended] reduce the reporting burden on industry
plant pests listed in § 305.31(a) must be through the elimination, reduction,
28. In § 319.56–2x, the introductory streamlining or reformatting of current
irradiated at the doses listed in
§ 305.31(a), and the irradiation text in paragraph (a) would be amended collections. The modification of the
treatment must be conducted in by removing the words ‘‘mango seed regulations to modernize the filing
accordance with the other requirements weevil Sternochetus mangiferae method and standardize the filing
of § 305.34. (Fabricus) or for one or more of the format should streamline the process
25. A new section § 318.58–4c would following 11 species of fruit flies: and reduce the burden of filing
be added to read as follows. Anastrepha fraterculus, Anastrepha information under FERC–576 ‘‘Report of
ludens, Anastrepha obliqua, Natural Gas Service Interruptions’’ and
§ 318.58–4c Movement of sweetpotatoes Anastrepha serpentina, Anastrepha FERC–588 ‘‘Emergency Natural Gas
from Puerto Rico to certain ports. Sale, Transportation and Exchange
suspensa, Bactrocera cucurbitae,
Sweetpotatoes from Puerto Rico may Bactrocera dorsalis, Bactrocera tryoni, Transactions.’’ In addition, the
be moved interstate to Atlantic Coast Bactrocera jarvisi, Bactrocera latifrons, Commission proposes to provide CEII
ports north of and including Baltimore, protection for the information contained
and Ceratitis capitata’’ and adding the
MD, if the following conditions are met: on both information collection
(a) The sweetpotatoes must be words ‘‘plant pests listed in § 305.31(a)’’
in their place. requirements and seeks comment on
certified by an inspector of the this proposal. The Commission believes
Commonwealth of Puerto Rico as having Done in Washington, DC, this 3rd day of these modifications will not in any way
been grown under the following June 2005. prejudice the rights of any participant in
conditions: Elizabeth E. Gaston, those proceedings or anyone interested
(1) Fields in which the sweetpotatoes Acting Administrator, Animal and Plant in the Commission’s natural gas
have been grown must have been given Health Inspection Service. program.
a preplanting treatment with an
[FR Doc. 05–11460 Filed 6–9–05; 8:45 am] DATES: Comments are due July 25, 2005.
approved soil insecticide.
(2) Before planting in such treated BILLING CODE 3410–34–P ADDRESSES: Comments may be filed
fields, the sweetpotoato draws and vine electronically via the eFiling link on the
cuttings must have been dipped in an Commission’s Web site at http://
approved insecticidal solution. www.ferc.gov. Commenters unable to

Proposed Rule: Plant-Related Quarantine, Domestic: Fruits and Vegetables Irradiation Treatment

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Proposed Rule: Plant-Related Quarantine, Domestic: Fruits and Vegetables Irradiation Treatment

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Proposed Rules Federal Register

Friday, June 10, 2005

Scientific name Common name Dose (gray)

Brevipalpus chilensis ..................................................................... False red spider mite ................................................................... 300

TABLE 1.—PRODUCTION STATISTICS FOR BANANAS AND PAPAYAS IN HAWAII (2002)

Bearing acreage (acres) .......................................................................................................................................... 1,300 1,720

Movement to mainland U.S. markets (1,000 pounds) ............................................................................................ (2) 12,000

Ecuador ................................................................................................................................................................ 902 237.8

Honduras ............................................................................................................................................................. 388 100.4

Total imports ................................................................................................................................................. 3,576 959.3

Location Commodity Pest Treatment schedule

IRRADIATION FOR CERTAIN PLANT PESTS IN IMPORTED FRUITS AND VEGETABLES

Anastrepha ludens ........................................................................ Mexican fruit fly ............................................................................ 70

* * * * * § 305.32 [Amended] a. In paragraphs (a)(1) and (d), by

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