[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Rules and Regulations]
[Pages 6957-6958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2746]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 319
[Docket No. 93-028-5]
Grapefruit and Mangoes From Mexico; Addition of Treatment
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are allowing the use of high-temperature forced air
treatments for grapefruit and mangoes imported from Mexico. The
treatments will be included in the Plant Protection and Quarantine
Treatment Manual, which is incorporated by reference into the Code of
Federal Regulations. We are also making several nonsubstantive changes
to clarify the fruits and vegetables regulations.
EFFECTIVE DATE: February 6, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. Frank Cooper, Senior Operations Officer, or Mr. Victor Harabin,
Head, Permit Unit, Port Operations, Plant Protection and Quarantine,
APHIS, USDA, P.O. Drawer 810, Riverdale, MD 20738. The telephone number
for the agency contracts will change when agency offices in
Hyattsville, MD, move to Riverdale, MD, during February. Telephone:
(301) 436-8645 (Hyattsville); (301) 734-8645 (Riverdale).
SUPPLEMENTARY INFORMATION:
Background
The ``Plant Protection and Quarantine Treatment Manual'' (PPQ
Treatment Manual) of the Animal and Plant Health Inspection Service is
incorporated by reference into the Code of Federal Regulations at 7 CFR
300.1. The PPQ Treatment Manual contains treatment schedules and
information on procedures for applying treatments to allow the movement
of articles under domestic and foreign plant quarantines and
regulations.
Previously, the PPQ Treatment Manual provided for either cold,
methyl bromide, or vapor heat as treatments for grapefruit. It also
provided for hot water treatment for all mangoes and vapor heat
treatment for Manila mangoes only. We now have added to the PPQ
treatment manual high-temperature forced air treatments for both
grapefruit and mangoes that are imported from Mexico.
These high-temperature forced air treatment were developed by the
Agricultural Research Service of the U.S. Department of Agriculture as
effective alternative treatments against the Mexican fruit fly in
grapefruit imported from Mexico and against the Mexican, West Indian,
and black fruit flies in mangoes imported from Mexico. Both treatments
are administered in sealed chambers. The air may be heated in the
chambers or hot air may be introduced into the chambers.
History
In a direct final rule published in the Federal Register on March
1, 1994 (59 FR 9613-9614, Docket No. 93-028-2), we notified the public
of our intent to add to the PPQ Treatment Manual high-temperature
forced air treatments for grapefruit and mangoes from Mexico. The
direct final rule was to become effective 60 days after publication in
the Federal Register, unless we received written adverse comments or
written notice of intent to submit adverse comments. In response to the
direct final rule, we received one written adverse comment from a
representative of the citrus industry, who noted that size and weight
specifications for grapefruit would exclude several larger sizes of
grapefruit that are shipped to market for commercial use. Subsequently,
in a document published in the Federal Register on April 21, 1994 (59
FR 18943, Docket No. 93-028-3), we withdrew the direct final rule and
stated our intent to publish a proposed rule for public comment.
On November 14, 1994 (59 FR 56412-56413, Docket No. 93-028-4), we
published a proposed rule in the Federal Register comparable to the
direct final rule, but providing for use of the high-temperature forced
air treatment on larger grapefruit. As we explained in the proposed
rule, the treatment is effective against fruit flies in the larger
grapefruit, but larger grapefruit will take longer to reach the
required internal pulp temperature.
We also proposed to make three nonsubstantive editorial changes to
simplify the fruits and vegetables regulations, contained in 7 CFR
319.56 through 319.56-8.
We solicited comments concerning our proposal for 30 days ending
December 14, 1994. We received 10 comments by that date. They were from
a State agricultural agency, Mexican mango and grapefruit growers, and
a consumer. All of the comments supported the proposal.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule, without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. This action provides an alternative
treatment, high-temperature forced air, for grapefruit and mangoes
imported from Mexico. Making this rule effective upon publication will
allow interested importers and others to immediately employ high-
temperature forced air treatment for grapefruit and mangoes from
Mexico. Therefore, the Administrator of the Animal and Plant Health
Inspection Service has determined that this rule should be effective
upon publication in the Federal Register.
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
process required by Executive Order 12866.
This final rule provides an additional treatment option, high-
temperature forced air, for grapefruit and mangoes imported from
Mexico. Because this new treatment is optional, this rule should have
no significant economic impact on entities using the cold, hot water,
methyl bromide, or vapor heat treatments. [[Page 6958]]
Also, since high-temperature forced air treatment provides for
longer fruit shelf life than do hot water and vapor heat treatments,
the most commonly used treatments, we anticipate that some private
treatment enterprises will convert their facilities to employ this new
optional treatment. We believe, though, that any costs of facility
conversion will be offset through the production of fruit that has a
longer shelf life. Therefore, we anticipate no significant change in
the price or production of grapefruit and mangoes as a result of this
rule.
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 12778
This rule has been reviewed under Executive Order 12778, 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 information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.),
List of Subjects
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, title 7, chapter III, of the Code of Federal
Regulations is amended as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 continues to read as
follows:
Authority: 7 U.S.C. 150ee, 154, 161, 162, 167; 7 CFR 2.17, 2.51,
and 371.2(c).
2. In Sec. 300.1, paragraph (a) is revised to read as follows:
Sec. 300.1 Materials incorporated by reference.
(a) The Plant Protection and Quarantine Treatment Manual, which
includes all revisions through February 1995, has been approved for
incorporation by reference in 7 CFR chapter III by the Director of the
Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
3. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).
Sec. 319.56-2f [Removed and Reserved]
4. Section 319.56-2f is removed and reserved.
Sec. 319.56-2q [Removed and Reserved]
5. Section 319.56-2q is removed and reserved.
6. In Sec. 319.56-2x, paragraph (a), the table is amended for the
Mexico entry by adding four new commodities, in alphabetical order, to
read as follows:
Sec. 319.56-2x Administrative instructions; conditions governing the
entry of certain fruits and vegetables for which treatment is required.
(a) * * *
------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
------------------------------------------------------------------------
* * * *
Mexico
* * * *
* * *
Grapefruit....... Citrus paradisi. Fruit.
Mango............ Mangerifa indica Fruit.
Orange........... Citrus sinensis. Fruit.
Tangerine........ Citrus Fruit.
reticulata.
* * * *
* * *
------------------------------------------------------------------------
Done in Washington, DC, this 30th day of January 1995.
Terry I. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-2746 Filed 2-3-95; 8:45 am]
BILLING CODE 3410-34-M
