1 Rules and Regulations Federal Register Vol. 75, No. 1 Monday, January 4, 2010 This section of the FEDERAL REGISTER Coordination Specialist, Regulations, rule. The issues raised by the remaining contains regulatory documents having general Permits, and Manuals, PPQ, APHIS, commenters are discussed below by applicability and legal effect, most of which 4700 River Road Unit 136, Riverdale, topic. are keyed to and codified in the Code of MD 20737–1236; (301) 734–0773. Federal Regulations, which is published under General Comments SUPPLEMENTARY INFORMATION: 50 titles pursuant to 44 U.S.C. 1510. Two commenters expressed general Background The Code of Federal Regulations is sold by concerns about the proposed rule. One the Superintendent of Documents. Prices of The regulations in ‘‘Subpart—Fruits stated that scientists say that not enough new books are listed in the first FEDERAL and Vegetables’’ (7 CFR 319.56–1 time has passed to study the pests REGISTER issue of each week. through 319.56–49, referred to below as associated with the importation of Hass the regulations) prohibit or restrict the avocados from Peru and the potential importation of fruits and vegetables into threat those pests pose. This commenter DEPARTMENT OF AGRICULTURE the United States from certain parts of stated that, without substantial inquiry the world to prevent the introduction into the effects of the pests, allowing the Animal and Plant Health Inspection and dissemination of plant pests that are importation of avocados from Peru Service new to or not widely distributed within would be unsafe, with very serious the United States. consequences for California avocado 7 CFR Parts 305 and 319 On January 7, 2009, we published in growers. Another commenter stated that [Docket No. APHIS–2008–0126] the Federal Register (74 FR 651–664, California avocado growers have Docket No. APHIS–2008–0126) a experienced pest introductions due to RIN 0579–AC93 proposal 1 to amend the regulations to the inadequate inspection of Hass allow the importation of Hass avocados avocados imported from Mexico, and Importation of Hass Avocados From from Peru into the continental United further stated that there is no reason to Peru States. As a condition of entry, we expect that inspection of Hass avocados AGENCY: Animal and Plant Health proposed to require Hass avocados from from Peru will provide any better Inspection Service, USDA. Peru to be produced in accordance with protection. We prepared a pest risk assessment ACTION: Final rule. a systems approach that included requirements for importation in (PRA) and risk management document SUMMARY: We are amending the fruits commercial consignments; registration (RMD) as part of our evaluation of the and vegetables regulations to allow the and monitoring of places of production request from the NPPO of Peru to export importation of Hass avocados from Peru and packinghouses; grove sanitation; Hass avocados to the United States. into the continental United States. As a pest-free areas, trapping, or treatment Based on the evidence and discussion condition of entry, Hass avocados from for fruit flies; surveys for the avocado presented in the PRA and RMD, we Peru will have to be produced in seed moth; and inspection for have concluded that the mitigations we accordance with a systems approach quarantine pests by the national plant proposed, with some changes as that includes requirements for protection organization (NPPO) of Peru. discussed later in this document, will be importation in commercial We also proposed to require Hass effective at preventing the quarantine consignments; registration and avocados from Peru to be accompanied pests identified in the PRA from being monitoring of places of production and by a phytosanitary certificate with an introduced into the United States via packinghouses; grove sanitation; pest- additional declaration stating that the the importation of avocados from Peru. free areas or trapping for the South avocados were grown, packed, and The first commenter did not provide American fruit fly; pest-free areas or inspected and found to be free of pests any specific citations supporting the treatment for the Mediterranean fruit in accordance with the proposed assertion that scientists say not enough fly; surveys for the avocado seed moth; requirements. We proposed to add the time has passed to study the pests and inspection for quarantine pests by systems approach to the regulations in associated with the importation of Hass the national plant protection a new § 319.56–49.2 avocados from Peru, nor did the organization of Peru. Hass avocados We solicited comments concerning commenter indicate that the evidence presented in the PRA and RMD was from Peru will also be required to be our proposal for 60 days ending March inadequate. accompanied by a phytosanitary 9, 2009. We received 30 comments by With regard to the second certificate with an additional that date. They were from private citizens, producers, importers, commenter’s concern about pests being declaration stating that the avocados introduced via the importation of Hass were grown, packed, and inspected and exporters, and representatives of State and foreign governments. Twenty of the avocados from Mexico, it should be found to be free of pests in accordance noted that, in 9 years of fruit cutting and commenters supported the proposed with these requirements. This action inspection of Hass avocados imported will allow the importation of Hass from Mexico, over 28 million fruit were 1 To view the proposed rule and the comments avocados from Peru into the United examined (20.2 million in the orchards, States while continuing to provide we received, go to http://www.regulations.gov/ fdmspublic/component/ 7.2 million in packinghouses, and protection against the introduction of main?main=DocketDetail&d=APHIS-2008-0126. 602,490 at border inspection ports) for quarantine pests. 2 In this final rule, the provisions of the systems pests. Twice, the quarantine pest DATES: Effective Date: February 3, 2010. approach are added as § 319.56–50. We discuss the comments in terms of provisions of proposed Contrachelus perseae was found, both FOR FURTHER INFORMATION CONTACT: Ms. § 319.56–49 so that the reader can follow along with times in backyard avocados that would Charisse Cleare, Regulatory the proposal. not have been eligible to be exported to VerDate Nov<24>2008 19:06 Dec 31, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\04JAR1.SGM 04JAR1 mstockstill on DSKH9S0YB1PROD with RULES 2 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations the United States. Both outbreaks of this Peru, they are highly unlikely to travel treatment and avocado seed moth pest were eradicated. All other avocados the pathway of commercial avocado infestation levels in avocados grown in from this export program have been fruit exported from Peru. According to Brazil (Hohmann et al., 2000) and the found to be free of quarantine pests. Wysocki et al. (2002), pests of the family placement of avocado seed moth eggs There is no evidence that the Miridae, which includes the Dagbertus laid within the tree and in the avocados importation of Hass avocados from genus, ‘‘feed and insert their eggs on (Hohmann et al., 2003). This work does Mexico has resulted in the introduction opening buds, leaves, flowers and small not directly address the question of the of quarantine pests into the United fruit. Attacks seem to especially affect appropriate pest risk rating for avocado States. flowers and recently set fruit, causing seed moth. As appropriate, it will them to drop.’’ Fallen immature fruit inform our operational workplan, which Comments on the PRA would not be marketable and thus is required under the systems approach, We prepared a draft PRA titled would typically not be exported for and specifically the provisions of the ‘‘Importation of ‘Hass’ Avocado (Persea commercial sale. The other plant parts workplan that deal with specific details americana) Fruit from Peru into the mentioned would not be allowed to be of fruit cutting and sampling. Continental United States’’ (May 2006). included in shipments of avocados One commenter stated that Ferrisia The draft PRA evaluated the risks intended for export. malvastra, a mealybug, should not have associated with the importation of Hass The information in Wysocki et al. been identified in the PRA as a avocados into the continental United (2002) is corroborated by the fact that, quarantine pest. The commenter stated States (the lower 48 States and Alaska) since 1985, Dagbertus spp. have been that the NPPO of Peru does not have from Peru. We published a notice 3 in intercepted at U.S. ports of entry only records indicating that F. malvastra is the Federal Register on May 25, 2006 26 times from anywhere in the world, present in Peru and that the reference (71 FR 30113, Docket No. APHIS–2006– on any commodity, including flowers (Ben-Dov et al., 2003) that the PRA cites 0072), in which we advised the public and other plant parts in addition to as evidence of the pest’s presence in of the availability of the draft PRA and fruit. Peru also indicates that the pest is solicited comments on it for 60 days The paper the commenter submitted present in the United States. ending July 24, 2006. We also does not identify a specific species of The genus Ferrisia is comprised of conducted a peer review of the draft Dagbertus spp. as a pest. Additionally, several species which may be difficult PRA. We made changes to the May 2006 none of the information we have about to differentiate from one another (Gullan PRA in response to public comments Dagbertus spp. indicates that we should et al., 2003). Soon after being described, and peer review comments and further analyze any specific species Heliococcus malvastrus, a prepared a revised PRA, dated within the genus.