[Federal Register: June 26, 2003 (Volume 68, Number 123)]
[Rules and Regulations]
[Page 37931-37936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn03-1]
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Rules and Regulations
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[[Page 37931]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 318
[Docket No. 03-062-1]
Irradiation of Sweetpotatoes From Hawaii
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations to provide for the use of
irradiation as a treatment for sweetpotatoes to be moved interstate
from Hawaii. The sweetpotatoes will also have to meet certain
additional requirements, including inspection and packaging
requirements. This action provides for the use of irradiation as an
alternative to methyl bromide for the treatment of sweetpotatoes moving
interstate from Hawaii.
DATES: This interim rule is effective June 26, 2003. We will consider
all comments that we receive on or before August 25, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 03-062-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 03-062-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
03-062-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Import Specialist,
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road, Unit
140, Riverdale, MD 20737-1236; (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 318 prohibit or restrict the
interstate movement of fruits, vegetables, and certain other articles
from Hawaii, Puerto Rico, the U.S. Virgin Islands, and Guam to prevent
the introduction and dissemination of plant pests into the continental
United States.
The regulations in part 318, ``Subpart--Sweetpotatoes'' (Sec. Sec.
318.30 and 318.30a, referred to below as the regulations) quarantine
Hawaii, Puerto Rico, and the U.S. Virgin Islands because of the
sweetpotato scarabee (Euscepes postfasciatus Fairm. [Coleoptera:
Cucurlionidae], also known as the West Indian sweetpotato weevil) and
the sweetpotato stem borer (Omphisa anastomosalis Guen. [Lepidoptera:
Crambidae], also known as the sweetpotato vine borer) and restricts the
interstate movement of sweetpotatoes (Ipomoea batatas Poir.) from those
places.
The regulations have provided that sweetpotatoes may be moved
interstate from Hawaii only if they have been subjected to fumigation
with methyl bromide or they are being moved by the United States
Department of Agriculture (USDA) for scientific or experimental
purposes. In this interim rule, we are adding treatment with
irradiation as an alternative to fumigation with methyl bromide.
Specifically, sweetpotatoes from Hawaii will be eligible for interstate
movement if they are irradiated with a minimum dose of 400 Gy (40 krad)
at an approved facility. We have determined that this dose will
neutralize the pests of concern.
A pest risk assessment completed by the Animal and Plant Health
Inspection Service (APHIS) in 2002 and updated in May 2003 identified
five pests of concern that could be spread from Hawaii to the rest of
the United States by the interstate movement of sweetpotatoes: The two
pests already named in the regulations, the sweetpotato scarabee and
the sweetpotato stem borer; the gray pineapple mealybug, Dysmicoccus
neobrevipes (Homoptera: Pseudococcidae); the ginger weevil,
Elytrotreinus subtruncatus (Coleoptera: Cucurlionidae); and the Kona
coffee root-knot nematode, Meloidogyne konaensis (Tylenchida:
Heteroderidae). Copies of this risk assessment may be requested from
the person listed under FOR FURTHER INFORMATION CONTACT.
Three of these pests, the ginger weevil, the sweetpotato scarabee,
and the sweetpotato stem borer, are internal pests, meaning that visual
inspection would not be an effective means to intercept them; thus,
they must be neutralized by treatment. We believe that irradiation at
400 Gy (40 krad) is an effective alternative to the methyl bromide
treatment currently prescribed by the regulations to control these
pests. No specific research has been completed on the irradiation dose
necessary to neutralize the ginger weevil, the sweetpotato scarabee, or
the sweetpotato stem borer. However, the International Plant Protection
Convention (IPPC) Guidelines for the Use of Irradiation as a
Phytosanitary Measure (ISPM Publication No. 18) recommends minimum
doses between 50 and 400 Gy (5 and 40 krad) for all plant pests except
stored product moths and nematodes. For stored product beetles of the
family Coleoptera, such as the sweetpotato scarabee and the ginger
weevil, the recommended minimum dose range to sterilize actively
reproducing adults is 50 to 400 Gy (5 to 40 krad). For borers of the
family Lepidoptera, such as the sweetpotato stem borer, the recommended
minimum dose range to prevent adult development from late larva is 100
to 280 Gy (10 to 28 krad).
[[Page 37932]]
These recommendations were developed based on research by G.J. Hallman
\1\ and the research summarized in the International Atomic Energy
Agency's International Database on Insect Disinfestation and
Sterilization.\2\
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\1\ See ``Irradiation as a quarantine treatment,'' in Food
Irradiation Principles and Applications, Molins, R.A. (ed.). New
York: J. Wiley & Sons, 2001, p. 113-130, and ``Expanding radiation
quarantine treatments beyond fruit flies,'' Agricultural and Forest
Entomology 2:85-95, 2000.
\2\ Available at http://www-ididas.iaea.org.
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In addition, preliminary research conducted by the USDA's
Agricultural Research Service on the sweetpotato scarabee and the
sweetpotato stem borer indicates that irradiating sweetpotatoes with a
dose of 400 Gy (40 krad) kills all of these pests if they are present
in the sweetpotatoes. According to this research, a dose of 200 Gy (20
krad) is sufficient to stop reproduction in these pests. Given this
information and the fact that 400 Gy is at the top of the range of
minimum doses the IPPC recommends for neutralizing pests in the family
that contains the ginger weevil, we believe that the minimum dose of
400 Gy (40 krad) that we are requiring is a conservative minimum
requirement that will neutralize all three of these pests.
While the quality of some other commodities might be affected by
irradiation at 400 Gy (40 krad), the sweetpotato grown in Hawaii has
been shown to tolerate this dose. The minimum dose of 400 Gy (40 krad)
required by this rule falls well below the maximum dose of 1,000 Gy
(100 krad) specified by the Food and Drug Administration regulations
that address the safety of irradiated foods.\3\ There are no commodity
or food safety concerns associated with requiring that Hawaii-grown
sweetpotatoes be irradiated with a dose of 400 Gy (40 krad).
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\3\ See 21 CFR part 179.
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The other two pests identified in the 2002 risk assessment, the
gray pineapple mealybug and the Kona coffee root-knot nematode, are
external pests. We believe they can be effectively detected by visual
inspection, and we are requiring such visual inspection as a condition
of the interstate movement of sweetpotato from Hawaii. This is
consistent with the recommendations of the pest risk assessment
mentioned above.
The regulations in ``Subpart--Hawaiian Fruits and Vegetables'' in
part 318 (Sec. Sec. 318.13--318.13-17) already provide for the use of
irradiation to treat a variety of other commodities from Hawaii. The
irradiation provisions in Sec. 318.13-4f allow abiu, atemoya, bell
peppers, carambola, eggplant, litchi, longan, mangoes, papaya,
pineapple (other than smooth Cayenne), rambutan, sapodilla, Italian
squash, and tomatoes to be moved interstate from Hawaii if, among other
things, the fruits and vegetables undergo irradiation treatment in
accordance with that section. The section's provisions for irradiation
treatment include minimum dosage requirements, requirements for
approved facilities, treatment monitoring requirements, packaging
standards, and movement restrictions. (The irradiation facility in
Hawaii that presently treats other fruit for which irradiation is an
approved treatment as a condition of interstate movement from Hawaii
satisfies all these requirements and has already been approved by
APHIS.)
Because these regulations in Sec. 318.13-4f are already in place,
and because we have determined that sweetpotatoes should be treated,
handled, and certified for movement under the same conditions described
in that section, we are adding sweetpotatoes to the list of fruits and
vegetables that may be treated with irradiation as a condition of
interstate movement from Hawaii in Sec. 318.13-4f(a). This will
eliminate the need to establish what would be essentially the same
provisions in Sec. 318.30. We will, however, amend Sec. 318.30 to
provide that irradiation in accordance with Sec. 318.13-4f may be used
to qualify sweetpotatoes from Hawaii for interstate movement. We
intend, in a future rulemaking, to revise the regulations in the
sweetpotato subpart and perhaps disperse the provisions of the subpart
into the subparts governing movement of fruits and vegetables from
Hawaii and from Puerto Rico or the U.S. Virgin Islands, respectively.
The regulations in Sec. 318.13-4f do not generally provide that
fruits and vegetables treated in accordance with that section must also
be inspected as a condition of interstate movement. However, the
regulations in Sec. 318.13-4f(b)(7) provide that litchi must be
inspected and found free of the litchi fruit moth and other plant pests
prior to treatment in Hawaii or movement to the mainland for treatment.
Because, as noted above, sweetpotatoes moved interstate from Hawaii
must be visually inspected to ensure that they are free of the gray
pineapple mealybug and the Kona coffee root-knot nematode, we are
adding an inspection provision for sweetpotatoes similar to that for
litchi. Specifically, we are amending Sec. 318.13-4f(b)(7)(i) to
indicate that, to be eligible for a certificate for interstate
movement, sweetpotatoes to be treated in Hawaii in accordance with
Sec. 318.13-4f must be found by an inspector to be free of the gray
pineapple mealybug and the Kona coffee root-knot nematode by an
inspector before undergoing irradiation treatment in Hawaii. We are
also amending Sec. 318.13-4f(b)(7)(ii) to indicate that, to be
eligible for a limited permit for the interstate movement of untreated
sweetpotatoes from Hawaii for treatment on the mainland United States,
sweetpotatoes from Hawaii must be inspected in Hawaii and found to be
free of the gray pineapple mealybug and the Kona coffee root-knot
nematode by an inspector.
The addition of sweetpotatoes to the regulations in Sec. 318.13-4f
that govern irradiation of fruits and vegetables moved interstate from
Hawaii also necessitates three minor changes to those regulations:
[sbull] The title of the table in Sec. 318.13-4f has read
``Irradiation for Fruit Flies and Seed Weevils in Hawaiian Fruits and
Vegetables.'' We are revising this title to read, more generically,
``Irradiation for Plant Pests in Hawaiian Fruits and Vegetables.''
[sbull] The heading of the left-hand column in that table has read
``Fruit.'' We are revising this heading to read, more generically,
``Commodity.''
[sbull] Paragraph Sec. 318.13-4f has stated that treatment in
accordance with Sec. 318.13-4f is approved to assure quarantine
security against the Trifly complex. We are amending this paragraph to
indicate that the treatment is approved to treat other plant pests as
well.
This interim rule gives Hawaiian producers and exporters of
sweetpotatoes who wish to move their products interstate an additional
treatment option while continuing to protect against the introduction
of plant pests associated with Hawaiian sweetpotato into other States.
Immediate Action
This rule provides for the use of irradiation to treat
sweetpotatoes moving interstate from Hawaii. Immediate action is
warranted to alleviate the negative economic effects that Hawaiian
growers and shippers face as a result of the fact that our regulations
previously only allowed fumigation as an acceptable treatment for
Hawaiian sweetpotatoes moved interstate. Fumigation facilities are
unavailable on some islands in Hawaii on which sweetpotatoes are grown,
and producers of sweetpotatoes on those islands must pay additional
transportation costs for treatment before moving their sweetpotatoes
interstate. Because a more accessible irradiation facility that
provides phytosanitary
[[Page 37933]]
treatment of equal effectiveness is available to these producers, the
requirement that sweetpotatoes must be fumigated to be moved interstate
imposed an unnecessary economic hardship on these producers. Under
these circumstances, the Administrator has determined that prior notice
and opportunity for public comment are contrary to the public interest
and that there is good cause under 5 U.S.C. 553 for making this action
effective less than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
We are amending the regulations to allow sweetpotatoes to be moved
interstate from Hawaii if they undergo irradiation at an approved
facility. The sweetpotatoes will also have to meet certain additional
requirements, including inspection and packaging requirements. This
action provides for the use of irradiation as an alternative to methyl
bromide for the treatment of sweetpotatoes moved interstate from
Hawaii.
Economic Importance of Sweetpotatoes in Hawaii and the Mainland United
States
Commercial sweetpotato production in Hawaii occurs on the islands
of Hawaii, Kauai, Maui, and Oahu. There were 53 sweetpotato farms in
Hawaii in 1997.\4\ The production of sweetpotatoes in Hawaii amounted
to 1.8 million pounds, and the value of these sweetpotatoes was
$900,000 in 2001 (table 1).
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\4\ Census of Agriculture, 1997, National Agricultural
Statistics Service (NASS).
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In the continental United States, sweetpotato is grown commercially
in Alabama, California, Georgia, Louisiana, Mississippi, New Jersey,
North Carolina, South Carolina, Texas, and Virginia.\5\ North Carolina,
Louisiana, Mississippi, and California account for the major proportion
of production area by State (table 2). In total, the United States
produced 1.36 billion pounds of sweetpotatoes from 93,500 acres in 2003
(table 3).
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\5\ NASS, 1999.
Table 1.--Production Statistics for Hawaiian Sweetpotatoes (2001)
------------------------------------------------------------------------
Item Amount
------------------------------------------------------------------------
Harvested acres.............................................. 220
Yield per acre (1,000 pounds)................................ 8.2
Production (1,000 pounds).................................... 1,800
Farm price (cents per pound)................................. 50
Value of sales (1,000 dollars)............................... 900
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Source: Hawaii Agricultural Statistics Service.
Table 2.--Acres of Sweetpotatoes planted in the United States (2003)
------------------------------------------------------------------------
Acres
State planted
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North Carolina............................................... 42,000
Louisiana.................................................... 18,000
Mississippi.................................................. 14,000
California................................................... 10,100
Texas........................................................ 3,400
Alabama...................................................... 2,900
Others\1\.................................................... 3,100
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
Total.................................................... 93,500
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\1\ Including Hawaii.
Source: Economic Research Service, USDA.
The crop is grown on 1,770 farms, which represents a decrease of 44
percent since 1987.\6\ Production of sweetpotatoes peaked in 1932 when
48 million cwt \7\ was generated, followed by a long-term downward
trend in production. However, sweetpotato production trended higher
again after 1988, and increased by 15 percent between 1989-1991 and
1999-2001. Farm cash receipts averaged $214 million over the period
1999-2001. Few imports of sweetpotatoes enter the continental United
States, with 97 percent of the import volume moving directly from the
Dominican Republic into Puerto Rico. The Hawaiian sweetpotato
production of 1.8 million pounds thus comprises a fairly minor
proportion of the total production of 1,355 million pounds in the
United States.
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\6\ Lucier, G. ``Sweet potatoes--getting to the root of
demand.'' Economic Research Service, USDA, 2002.
\7\ ``cwt'' is an abbreviation for ``hundredweight,'' the
standard unit of production for sweetpotatoes. One hundredweight
equals 100 pounds.
Table 3.--Production and Consumption Statistics for Sweetpotatoes in the
United States (2003)\1\
------------------------------------------------------------------------
Item Amount
------------------------------------------------------------------------
Acres planted................................................ 93,500
Three year average yield (cwt/acre).......................... 150
Production (million pounds).................................. 1,355
Imports (million pounds)..................................... 17.0
Exports (million pounds)..................................... 53.0
Total utilization (million pounds) \2\....................... 1,148.3
Per capita use (pounds)...................................... 3.9
Three year average per capita use (pounds)................... 4.0
Current dollars ($/cwt)...................................... 15.75
Constant 1996 dollars ($/cwt)................................ 13.91
------------------------------------------------------------------------
\1\ Estimates are for the total United States, and therefore include
Hawaii. Forecasted estimates are shown.
\2\ Total utilization includes 103 million pounds used for seed and 67.8
million pounds accruing to feed use, shrink, and loss.
Source: Economic Research Service, United States Department of
Agriculture. Acres were obtained from Lucier.\8\
More than three-quarters of the annual U.S. sweetpotato crop is
sold as human food, and around two-thirds of the total sales are for
the fresh market. About a quarter of the sweetpotatoes sold for food
are processed into frozen products, and 2 to 3 percent are chipped or
dehydrated. U.S. sweetpotato utilization averaged 1.1 billion pounds
during 1999-2001, accounting for almost 3.9 pounds per capita.
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\8\ Lucier, G., ibid.
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Treatment Costs
Costs of Methyl Bromide Fumigation
Methyl bromide fumigation is currently conducted on the Island of
Oahu. The product has to be moved by barge from the port of Hilo on the
Island of Hawaii to the port of Honolulu on Oahu. The charge for such
transportation is between 2 to 3 cents per pound. A pallet of
sweetpotatoes weighs 1,500 pounds (50 30-pound boxes), so the charge is
approximately $35 per pallet for a non-chilled shipment. Trucking and
handling charges to move the sweetpotatoes from the pier on Oahu to the
fumigation site and, after fumigation, back to the pier or to the
airport are estimated at $34 per pallet.
The per-unit cost of methyl bromide fumigation is influenced by the
number of pallets treated. Costs are $610 for 1 to 6 pallets, $1,026
for 7 to 9, and $1,250 for 10 to 12. The minimum charge is $610. Per-
unit cost thus decreases as more pallets are treated within these
ranges. For example, the cost decreases from 40.6 cents per pound to
6.7 cents
[[Page 37934]]
per pound if six pallets instead of only one pallet are treated at $610
(table 4).
Table 4.--Costs of Methyl Bromide Fumigation of Hawaiian Sweetpotatoes
------------------------------------------------------------------------
Cost
Weight (cents
Number of pallets (pounds) per
pound)
------------------------------------------------------------------------
One............................................... 1,500 40.6
Two............................................... 3,000 20.3
Three............................................. 4,500 13.5
Four.............................................. 6,000 10.1
Five.............................................. 7,500 8.1
Six............................................... 9,000 6.7
Nine.............................................. 13,500 7.6
Twelve............................................ 18,000 6.9
------------------------------------------------------------------------
Source: Hawaii Department of Agriculture.
APHIS monitoring of the treatment costs $368 per treatment. This is
based on a minimum of 2 hours required to set up for the fumigation, a
minimum of 2 hours for necessary after-treatment labor such as
certification, and 2 hours minimum travel time each way to monitor the
fumigation. The total 8 hours at $46 per hour amounts to $368. Due to
the time delays involved in inter-island movements of sweetpotatoes,
all fumigations are conducted after 4 p.m. or on weekends, which means
that APHIS treatment monitors are paid ``time-and-a-half'' wages. If
the sweetpotatoes being treated belong to more than one shipper, the
APHIS costs are evenly divided between the shippers, regardless of the
relative quantities treated for each shipper. For example, if two
shippers are involved, each would pay $184, even if one shipper's
sweetpotatoes comprised more than half of the total treated. APHIS
monitoring costs for fumigation do not vary with the number of
sweetpotatoes treated.
Various time delays are involved in the inter-island movement of
the sweetpotatoes for fumigation, meaning that this transportation is
sometimes problematic. Shipments from the main island, Hawaii,
generally leave Hilo on Monday, with the barge arriving at Oahu on
Wednesday. These shipments are treated on Wednesday or Thursday and
arrive by Friday on the mainland U.S. west coast if transported by air.
The barge that leaves Hilo on Thursday arrives at Oahu on Saturday.
Weekend fumigation is conducted at significantly higher costs and
Sunday pickup at the pier is not allowed. Thus, shipping sweetpotatoes
on the Thursday barge is generally avoided.\9\
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\9\ Source: Hawaii Department of Agriculture.
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There are also concerns regarding the future cost and availability
of methyl bromide given the continuing reductions in the use of methyl
bromide mandated by the Montreal Protocol, which governs the use of
substances that deplete stratospheric ozone; in 2005, all uses of
methyl bromide in developed countries other than quarantine and pre-
shipment applications and critical or emergency uses will be
prohibited. The price of methyl bromide has increased significantly as
worldwide production of methyl bromide has decreased from its 1991
baseline. According to the Environmental Protection Agency, U.S. west
coast end-user prices of methyl bromide gas have increased from $1.25
per pound to $4.50 per pound over the period 1995 to 2001. This
represents an increase of 366 percent. Further price increases are
deemed likely as the 2005 phase-out date approaches.
Costs of Irradiation
The cost of irradiation is estimated at 15 cents per pound,
regardless of the amount of sweetpotatoes treated.\10\ Lot sizes will
be as requested by shippers. Irradiation treatment generally occurs
between 8 a.m. and 4 p.m. At these times, an APHIS inspector would
already be on-site at the irradiation facility to monitor the treatment
under the terms of the compliance agreement irradiation facilities must
operate under in order to treat fruits and vegetables from Hawaii for
interstate movement. Therefore, there would generally be no additional
APHIS charges associated with irradiation treatment. Shippers could
choose to have their sweetpotatoes treated outside of normal hours and
thus incur APHIS charges for overtime labor, but such scheduling would
be optional; as noted above, all fumigation treatments currently must
be conducted during overtime hours.
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\10\ Source: Hawaii Department of Agriculture.
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The irradiation will occur mostly at an existing facility in
Hawaii, prior to the shipment of the sweetpotatoes to the mainland
United States. The X-ray irradiation facility in Hawaii commenced its
commercial operation on August 1, 2000. At first, only papayas were
treated. Five hundred to 1,000 boxes of papayas are treated per day, 4
times a week. The facility is currently also used to treat mangoes,
bell peppers, eggplants, pineapples (other than smooth Cayenne),
Italian squash, and tomatoes. Most of the fruits and vegetables
produced in Hawaii for which irradiation is an approved treatment are
irradiated in Hawaii before they are moved interstate, but some fruits
and vegetables are occasionally taken to one of three irradiation
facilities in the continental United States. These include facilities
in Libertyville and Morton Grove in Illinois, and a facility in
Whippany, New Jersey. Various other tropical fruits, such as papaya,
litchi, rambutan, carambola, and atemoya, are at present shipped to
Illinois for cobalt irradiation treatment.
The quantity of sweetpotatoes to be shipped annually from Hawaii is
projected to fill approximately 21 forty-foot long shipping containers.
Allowing irradiation as an alternative to fumigation with methyl
bromide as a treatment for sweetpotatoes moving interstate from Hawaii
may lead to increased production of sweetpotatoes in Hawaii if the
lower cost of treatment makes sweetpotato a more profitable crop to
produce and ship. The magnitude of the impact of this alternative
treatment on production is presently unknown. Due to production
limitations, it is estimated that the total volume of sweetpotatoes
moved interstate from Hawaii could not exceed 100 containers per annum.
Benefits of Irradiation Treatment
The approval of irradiation as an alternative treatment for
sweetpotatoes moved interstate from Hawaii will benefit various
stakeholders. At 15 cents per pound, irradiation can be conducted at a
lower cost than fumigation of one to two pallets (20.3 to 40.6 cents
per pound) (table 4). Though larger quantities of sweetpotatoes, which
fill more pallets, can be fumigated at lower per-unit costs (6.7 to
13.5 cents per pound), irradiation eliminates the transport costs
associated with fumigation. These transport costs include moving the
crop from the island of Hawaii to Oahu (2 to 3 cents per pound) and
trucking and handling costs of moving the crop between the harbor or
airport and the fumigation site on Oahu ($34 per pallet, about 2.3
cents per pound). Irradiation also eliminates the cost of $368 per
treatment attributable to APHIS monitoring of fumigation, which is
currently conducted outside standard business hours.
Growers and shippers on the main island of Hawaii will benefit from
lower transportation costs, since shipment of the crop from Hawaii to
Oahu for fumigation will no longer be necessary. The availability of
treatment at a more convenient location will also remove various
logistical complications. This will reduce the total expense and time
delay in moving the product and will enable sweetpotatoes to be treated
and shipped at a lower cost than is currently possible with fumigation.
The importance of alternative treatments is
[[Page 37935]]
especially highlighted in view of the mandated global reductions in the
use of methyl bromide under the Montreal Protocol and the expected rise
in the price of methyl bromide due to its scarcer supply. Irradiation
also tends to affect quality less negatively than fumigation and may
extend the shelf life of the tubers.
The irradiation facility in Hawaii will benefit from having more
crops available to treat. The treatment available at this facility has
enabled many producers in Hawaii to move their products to the
mainland, thus providing them with access to markets that were not
previously available. For several years, the State of Hawaii has
encouraged farmers to diversify agricultural production, given the
significant decline in the production of sugarcane as a major crop. The
approval of irradiation as a treatment for sweetpotatoes moved
interstate from Hawaii will help to provide steady throughput for this
facility. The facility currently treats seasonal crops whose volume is
more variable than that of sweetpotatoes and is thus sometimes
underutilized. A steady source of revenues from treatment, such as
revenues from treating sweetpotatoes to be moved interstate, would help
assure this facility's continued operation and availability for all the
producers in Hawaii who can use it.
U.S. mainland consumers will benefit by an increased supply of
sweetpotatoes. Hawaiian sweetpotato production amounts to 1.8 million
pounds, which comprises a small proportion of the total production of
1,355 million pounds in the United States (tables 1, 2 and 3). Thus,
even if the irradiation treatment leads to increased production of
Hawaiian sweetpotatoes, sweetpotato shipments from Hawaii are unlikely
to affect mainland producers negatively. However, to the extent that
this interim rule makes moving sweetpotatoes from Hawaii interstate
more convenient and less costly, the rule provides the Hawaiian
sweetpotato industry with opportunities to expand its mainland markets.
Impact on Small Entities
The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their regulations on small entities.
The Small Business Administration (SBA) has established size criteria
in the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
The irradiation facility in Hawaii is expected to be the primary
facility to treat Hawaiian sweetpotatoes before they are moved
interstate. If the facility in Hawaii does not have enough capacity to
treat all the sweetpotatoes that producers wish to move interstate from
Hawaii, some of the crop may be sent to one of the other three
facilities on the mainland United States. The facility in Hawaii can be
classified under NAICS category 115114, ``Postharvest Crop Activities
(except Cotton Ginning).'' According to the SBA's criteria, this
facility is classified as a small entity, since its annual sales are
less than $6 million. A single firm owns the two facilities in Illinois
and the facility in New Jersey. Its primary service is to provide
irradiation treatment for the sanitation of medical devices on
contract. This firm is classified under NAICS category 325612, ``Polish
and Other Sanitation Good Manufacturing.'' However, since it is part of
a larger corporation with 500 or more employees, that firm is not
considered a small entity under the SBA's criteria.
Sweet potato farming is classified under NAICS 111219, ``Other
Vegetables (except Potato) and Melon Farming.'' According to the SBA's
criteria, an entity involved in crop production is considered small if
it has average annual receipts of less than $750,000. Since the 53
sweetpotato farms in Hawaii accounted for sales of $900,000 in 2001, we
believe it is safe to assume that all of these farms would be
classified as small entities. We expect that the economic effects of
this rule will be positive for those producers, to the extent that this
rule makes moving sweetpotatoes from Hawaii interstate more convenient
and less costly. As noted above, due to the fact that Hawaiian
sweetpotato production makes up a very small proportion of total U.S.
sweetpotato production, this interim rule is not expected to
significantly affect sweetpotato farmers in the mainland United States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin
Islands.
0
Accordingly, we are amending 7 CFR part 318 as follows:
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
0
1. The authority citation for part 318 is revised to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 318.13-4f is amended as follows:
0
a. In paragraph (a), in the table, by revising the title of the table
and the heading of the left-hand column and by adding, in alphabetical
order, an entry for ``Sweetpotato'' to read as set forth below.
0
b. In paragraph (b)(7)(i), by revising the last sentence to read as set
forth below.
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c. In paragraph (b)(7)(ii), by revising the last sentence to read as
set forth below.
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d. In paragraph (e), by adding the words ``and other plant pests''
after the words ``Trifly complex'.
Sec. 318.13-4f Administrative instructions prescribing methods for
irradiation treatment of certain fruits and vegetables from Hawaii.
(a) * * *
Irradiation for Plant Pests in Hawaiian Fruits and Vegetables
------------------------------------------------------------------------
Dose
Commodity (Gray)
------------------------------------------------------------------------
* * * * *
Sweetpotato.................................................. 400
* * * * *
------------------------------------------------------------------------
(b) * * *
(7) (i) * * * To be certified for interstate movement under this
section,
[[Page 37936]]
litchi from Hawaii must be inspected in Hawaii and found free of the
litchi fruit moth (Cryptophlebia spp.) and other plant pests by an
inspector before undergoing irradiation treatment in Hawaii for fruit
flies, and sweetpotato from Hawaii must be inspected in Hawaii and
found free of the gray pineapple mealybug (Dysmicoccus neobrevipes) and
the Kona coffee-root knot nematode (Meloidogyne konaensis) by an
inspector before undergoing irradiation treatment in Hawaii.
(ii) * * * To be eligible for a limited permit under this section,
untreated litchi from Hawaii must be inspected in Hawaii and found free
of the litchi fruit moth (Cryptophlebia spp.) and other plant pests by
an inspector, and untreated sweetpotato from Hawaii must be inspected
in Hawaii and found to be free of the gray pineapple mealybug
(Dysmicoccus neobrevipes) and the Kona coffee-root knot nematode
(Meloidogyne konaensis) by an inspector.
* * * * *
Sec. 318.30 [Amended]
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3. In Sec. 318.30, paragraph (c) is amended by adding the words ``the
irradiation of such sweetpotatoes in accordance with Sec. 318.13-4f or
upon'' immediately before the words ``the fumigation of such
sweetpotatoes in Hawaii'.
Done in Washington, DC, this 23rd day of June 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-16182 Filed 6-25-03; 8:45 am]
BILLING CODE 3410-34-P