[Federal Register: February 5, 2003 (Volume 68, Number 24)]
[Rules and Regulations]
[Page 5800-5802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe03-4]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 318
[Docket No. 01-042-2]
Interstate Movement of Gardenia From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Hawaiian fruits and vegetables regulations
to provide for the movement of cut blooms of gardenia from Hawaii. We
have determined that specific growing and inspection protocols can
effectively mitigate the plant pest risks associated with gardenia
grown in Hawaii. This action provides for the interstate movement of
gardenia from
[[Page 5801]]
Hawaii while continuing to prevent the spread of plant pests within the
United States.
EFFECTIVE DATE: March 7, 2003.
FOR FURTHER INFORMATION CONTACT: Hesham A. Abuelnaga, Import/Export
Specialist, Phytosanitary Issues Management, PPQ, APHIS, 4700 River
Road Unit 140, Riverdale, MD 20737-1236; (301) 734-5334.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Hawaiian Fruits and Vegetables'' (7
CFR 318.13 through 318.13-17, referred to below as the regulations)
govern, among other things, the interstate movement of fruits,
vegetables, and other products, including cut flowers, from Hawaii.
Regulation is necessary to prevent the spread of plant pests that exist
in Hawaii.
The regulations in Sec. 318.13-3(b)(1) provide that cut flowers
(except cut blooms of gardenia, mauna loa, and jade vine, and leis
thereof) may be moved interstate under certain conditions and if
accompanied by a limited permit. The movement of cut blooms of gardenia
has been prohibited due to gardenia's status as a host of green scale
(Coccus viridus), also known as green coffee scale.
On May 15, 2002, we published in the Federal Register (67 FR 34626-
34630, Docket No. 01-042-1) a proposal to amend the regulations to
provide for the interstate movement of gardenia from Hawaii. As
described in the proposed rule, cut blooms of gardenia from Hawaii
would be eligible for movement to other parts of the United States if
they were treated with irradiation in Hawaii or grown in accordance
with certain prescribed conditions.
We solicited comments concerning our proposal for 60 days ending
July 15, 2002. We received a total of four comments by that date. They
were from growers, researchers, and private citizens. Three commenters
strongly supported the proposal, agreeing that specific growing and
inspection protocols or irradiation treatment will effectively mitigate
the plant pest risks associated with green scale and facilitate
interstate movement of gardenia blooms from Hawaii.
The remaining commenter stated that existing data concerning
irradiation dosage rates for the treatment of gardenias for green scale
are insufficient to support the effectiveness of the treatment
described in the proposed rule. As a result of that comment, we
reevaluated the proposed irradiation treatment option and found that
the recommended 250 gray dosage likely is insufficient, since the data
indicate that complete mortality of all green scales on gardenia
treated at the proposed 250 gray dosage only occurs after 20 weeks. A
higher dosage would be preferable, but testing has demonstrated that
gardenias do not tolerate such a dose without unacceptable decline in
quality. Consequently, we have concluded that the irradiation treatment
described in the proposed rule would be an unacceptable treatment for
quarantine purposes. Based on that conclusion, we have omitted
treatment with irradiation from this final rule as an option for
qualifying cut blooms of gardenia for interstate movement from Hawaii.
We will continue to examine the irradiation treatment option and, if
appropriate, amend the provisions for interstate movement of gardenias
in the future.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
In this document, we are amending the regulations to provide for
the movement of cut blooms of gardenia from Hawaii. We have determined
that specific growing and inspection protocols can effectively mitigate
the plant pest risks associated with gardenia grown in Hawaii. This
action provides for the interstate movement of gardenias from Hawaii
while continuing to prevent the spread of plant pests within the United
States.
Under this rule, gardenia growers in Hawaii who wish to move cut
blooms of gardenia interstate from Hawaii would be able to do so if the
gardenias were produced in a growing area determined by an inspector to
be free of green scale and to meet other requirements and if the cut
blooms were inspected and found free of green scale prior to interstate
movement.
According to the USDA's Pacific Basin Agricultural Research Center
in Hawaii, the total planted area of gardenias in Hawaii is 26.6 acres.
Of the 26.6 acres of gardenias, only 3.6 acres belong to commercial
farms: 2 acres in Kona, on the island of Hawaii; 1.1 acres in the Manoa
Valley (Oahu); and 0.5 acres in Waipahu (Oahu). The remaining 23 acres
of planted gardenias in Hawaii are owned by approximately 100 growers,
each having an average of 20 to 25 bushes or about 10,000 square feet
of production area. These gardenias are grown in ``backyard'' type
production conditions.
The largest commercial gardenia production area in Hawaii consists
of 2 acres of planted gardenia bushes that produce about 69,200 flowers
per year, with annual gross receipts from sales of just under $13,000.
While sales figures are not available for the two smaller commercial
producers, we presume that their annual sales are less than those of
the largest producer.
According to Small Business Administration size standards, an
entity involved in floriculture production (NAICS code 111422) is
considered a small entity if it has annual sales of less than $750,000.
Under this definition, all commercial gardenia growers in Hawaii would
be considered small entities.
Impact on Small Entities
Under the Regulatory Flexibility Act, agencies are required to
specifically consider the economic effects of their rules on small
entities. The entities most likely to be affected by this rule are the
commercial producers of gardenias discussed previously in this
analysis; the producers are all considered to be small entities.
We expect that commercial gardenia producers will benefit from the
ability to move their products interstate to markets in the continental
United States while incurring the costs associated with establishing
and maintaining a green-scale-free growing area. While we cannot
estimate the amount of additional sales that might be enjoyed by
commercial gardenia producers as a result of this rule, we do not
expect that amount will be substantial, given the limited scale of
commercial gardenia production in Hawaii. The costs associated with the
production area requirements are likely to be negligible and limited to
the maintenance of a 20-foot-host-plant-free buffer zone around the
production area, as the required inspections will be provided free of
charge.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalogue of Federal
Domestic Assistance under No. 10.025 and is subject to Executive order
12372, which requires intergovernmental consultation with State and
local officials. (See 7 CFR part 3015, subpart V.)
[[Page 5802]]
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0197.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin
Islands.
Accordingly, we are amending 7 CFR part 318 as follows:
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
1. The authority citation for part 318 continues to read as
follows:
Authority: 7 U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7
CFR 2.22, 2.80, and 371.3.
Subpart--Hawaiian Fruits, Vegetables, and Flowers
2. The heading for the subpart is revised to read as set forth
above.
Sec. 318.13-1 [Amended]
3. In Sec. 318.13-1, in the definition of fruits and vegetables,
the word ``mellons'' is corrected to read ``melons''.
Sec. 318.13-2 [Amended]
4. In Sec. 318.13-2, paragraph (b) is amended as follows:
a. In the introductory text, by removing the words ``fruits and
vegetables'' and adding the word ``articles'' in their place.
b. In the list of regulated articles, by adding, in alphabetical
order, an entry for ``Gardenia (cut blooms)''.
c. At the end of the section, in the sentence following the list,
by removing the words ``and vegetables'' and adding the words ``,
vegetables, or other products'' in their place and by removing the
words ``fruits or vegetables'' and adding the words ``articles'' in
their place.
Sec. 318.13-3 [Amended]
5. In Sec. 318.13-3, paragraph (b)(1) is amended by removing the
words ``gardenia, mauna loa,'' and adding the words ''mauna loa'' in
their place and by adding the words '', and except any cut blooms of
gardenia not grown in accordance with Sec. 318.13-4j'' after the word
``thereof''.
Sec. 318.13-4 [Amended]
6. Section 318.13-4 is amended as follows:
a. In paragraph (a), by removing the words ``Fruits and
vegetables'' and adding the words ``Regulated articles'' in their
place.
b. In paragraph (c)(2), by removing the words ``fruits and
vegetables'' and adding the words ``fruits, vegetables, or other
products'' in their place.
7. A new Sec. 318.13-4j is added to read as follows:
Sec. 318.13-4j Administrative instructions governing the interstate
movement of cut blooms of gardenia from Hawaii.
Cut blooms of gardenia may be moved interstate from Hawaii if grown
and inspected in accordance with the provisions of this section.
(a) The grower's production area must be inspected annually by an
inspector and found free of green scale. If green scale is found during
an inspection, a 2-month ban will be placed on the interstate movement
of cut blooms of gardenia from that production area. Near the end of
the 2 months, an inspector will reinspect the grower's production area
to determine whether green scale is present. If reinspection determines
that the production area is free of green scale, shipping may resume.
If reinspection determines that green scale is still present in the
production area, another 2-month ban on shipping will be placed on the
interstate movement of gardenia from that production area. Each ban
will be followed by reinspection in the manner specified, and the
production area must be found free of green scale prior to interstate
movement.
(b) The grower must establish a buffer area surrounding gardenia
production areas. The buffer area must extend 20 feet from the edge of
the production area. Within the buffer area, the growing of gardenias
and the following green scale host plants is prohibited: Ixora, ginger
(Alpina purpurata), plumeria, coffee, rambutan, litchi, guava, citrus,
anthurium, avocado, banana, cocoa, macadamia, celery, Pluto indicia (a
weed introduced into Hawaii), mango, orchids, and annona.
(c) An inspector must visually inspect the cut blooms of gardenias
in each shipment prior to interstate movement from Hawaii to the
mainland United States. If the inspector does not detect green scale in
the shipment, the inspector would issue a certificate for the shipment
in accordance with Sec. 318.13-4(a). If the inspector finds green
scale in a shipment, that shipment will be ineligible for interstate
movement from Hawaii.
(Approved by the Office of Management and Budget under control
number 0579-0197)
Done in Washington, DC this 30th day of January 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-2683 Filed 2-4-03; 8:45 am]
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