[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52833-52834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25167]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 301
[Docket No. 94-017-2]
Mediterranean Fruit Fly; Regulated Articles and Treatments
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are adopting as a final rule, with one change, an interim
rule that amended the Mediterranean fruit fly regulations by adding two
types of lemons to the list of regulated articles; clarifying the
requirement for cleaning and waxing lemon (Citrus limon), a regulated
article; reducing the rate of technical grade malathion required for
treating premises for the Mediterranean fruit fly; and removing the
requirement that malathion bait spray treatment be applied by ground
equipment. These actions were necessary to prevent the spread of the
Mediterranean fruit fly into noninfested areas of the United States and
to lessen restrictions that might cause an unnecessary economic burden
upon the public. The change in this final rule is a technical one to
correct the amount of protein hydrolysate to be used in the malathion
bait spray and to clarify whether ``ounces'' refers to fluid ounces or
ounces by weight.
EFFECTIVE DATE: October 11, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-6600.
SUPPLEMENTARY INFORMATION:
Background
The Mediterranean fruit fly, Ceratitis capitata (Wiedemann), is one
of the world's most destructive pests of numerous fruits and
vegetables. The Mediterranean fruit fly (Medfly) can cause serious
economic losses. Heavy infestations can cause complete loss of crops,
and losses of 25 to 50 percent are not uncommon. The short life cycle
of this pest permits the rapid development of serious outbreaks.
The Medfly regulations at 7 CFR 301.78 through 301.78-10 (referred
to below as the regulations) established quarantined areas to prevent
the spread of the Medfly to noninfested areas of the United States. The
regulations impose conditions on the interstate movement of those
articles that, if moved without restrictions, present a significant
risk of spreading the Medfly from quarantined areas into or through
noninfested areas. These articles, which are designated as regulated
articles, may not be moved interstate from quarantined areas except in
accordance with conditions specified in Secs. 301.78-4 through 301.78-
10.
In an interim rule effective May 12, 1994, and published in the
Federal Register on May 18, 1994 (59 FR 25789-25791, Docket No. 94-017-
1), we amended the regulations by adding two types of lemons to the
list of regulated articles; clarifying the requirement for cleaning and
waxing lemon (Citrus limon), a regulated article; reducing the rate of
technical grade malathion required for treating premises for the
Medfly; and removing the requirement that malathion bait spray
treatment be applied by ground equipment. These actions were necessary
to prevent the spread of the Medfly into noninfested areas of the
United States and to lessen restrictions that might cause an
unnecessary economic burden upon the public.
We solicited comments concerning the interim rule for 60 days
ending July 18, 1994. We received two comments. They were from a State
government and a citrus trade association. We carefully considered both
comments. They are discussed below in detail.
Comment: The interim rule amended Sec. 301.78-10 by reducing the
rate of malathion bait spray treatment from ``2.4'' ounces to ``1.2''
ounces. However, the interim rule did not change the rate of protein
hydrolysate required to arrive at the necessary 10 percent solution of
malathion. Also, there was some ambiguity concerning weight/volume
interpretations in terms of ``ounces'' by weight and ``fluid ounces.''
Section 301.78-10 should state that, to arrive at the necessary 10
percent solution of malathion, 1 fluid ounce (1.2 ounces by weight) of
malathion would have to be mixed with 11 fluid ounces (13.4 ounces by
weight) of protein hydrolysate per acre for a total of 12 fluid ounces
of malathion and protein hydrolysate per acre.
Response: We agree with the premise of this comment. However, to
maintain a higher degree of accuracy in our figures and to be
consistent in our references to fluid ounces and ounces by weight,
Sec. 301.78-10 will be changed to state that, to arrive at the
necessary 10 percent solution of malathion, 1.2 fluid ounces (1.4
ounces by weight) of malathion would have to be mixed with 10.8 fluid
ounces (13.2 ounces by weight) of protein hydrolysate per acre for a
total of 12 fluid ounces of malathion and protein hydrolysate per acre.
Comment: The supplementary information section of the interim rule
explained why the regulations exempt from treatment smooth-skinned
lemons destined for commercial packing houses. It stated, ``smooth-
skinned lemons harvested for packing by a commercial packing house are
harvested while hard and green. At this early stage of development,
they are not considered susceptible to attack by the Medfly. These
smooth-skinned lemons that are packed in commercial packing houses do
not present a significant risk of spreading the Medfly into noninfested
areas of the United States.'' However, color should not be considered
an indication of susceptibility to Medfly attack, as yellow lemons are
also harvested and sent to commercial packing houses. Rather, high acid
content, hard-to-puncture rind, and lack of suitability as an
environment for Medfly are factors that should be used to determine
whether commercial variety lemons (Citrus limon) that are not overly
mature should be exempt from treatment.
Response: We agree, and believe that the language in Sec. 301.78-2
of the interim rule concerning lemon (Citrus limon) accommodates this
position. That entry reads: ``Lemon (Citrus limon) except smooth-
skinned lemons harvested for packing by commercial packing houses''.
Therefore, no change to the rule is necessary.
Therefore, based on the rationale set forth in the interim rule and
in this document, we are adopting the provisions of the interim rule as
a final rule, with the change discussed in this document.
This final rule also affirms the information contained in the
interim rule concerning Executive Order 12866 and the Regulatory
Flexibility Act, Executive Orders 12372 and 12778, and the Paperwork
Reduction Act.
Further, for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
[[Page 52834]]
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, we are adopting as a final rule, with the following
change, the interim rule that amended 7 CFR part 301 and that was
published at 59 FR 25789-25791 on May 18, 1994.
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.17, 2.51, and 371.2(c).
Sec. 301.78-10 [Amended]
2. In Sec. 301.78-10, paragraph (c) is amended by revising the last
sentence to read: ``The malathion bait spray treatment must be applied
at a rate of 1.2 fluid ounces of technical grade malathion (1.4 ounces
by weight) and 10.8 fluid ounces of protein hydrolysate (13.2 ounces by
weight) per acre, for a total of 12 fluid ounces per acre.''
Done in Washington, DC, this 4th day of October 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-25167 Filed 10-10-95; 8:45 am]
BILLING CODE 3410-34-P
