[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4488]
Federal Register / Vol. 59, No. 40 / Tuesday, March 1, 1994 /
[[Page Unknown]]
[Federal Register: March 1, 1994]
VOL. 59, NO. 40
Tuesday, March 1, 1994
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 300
[Docket No. 93-028-2]
Incorporation by Reference; Plant Protection and Quarantine
Treatment Manual
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
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SUMMARY: This rule will allow 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.
DATES: This rule will be effective on May 2, 1994, unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before March 31, 1994.
If we receive written adverse comments or written notice of intent
to submit adverse comments, we will publish a notice in the Federal
Register withdrawing this rule before the effective date and publish a
proposed rule for public comment.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Chief,
Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your submission refers to Docket No. 93-028-2. Submissions
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments and notices are encouraged to call ahead on (202) 690-
2817 to facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Frank Cooper, Senior Operations
Officer, PPQ, APHIS, USDA, room 635, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-6799.
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. Unless we receive written adverse comments or written
notice of intent to submit adverse comments, this document will amend 7
CFR 300.1 to show that the PPQ Treatment Manual has been revised to
include high temperature forced air treatments as additional treatments
for grapefruit and mangoes from Mexico.
Treatments
The high temperature forced air treatments described below 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, insulated chambers. The
air may be heated in the chambers or hot air may be introduced into the
chambers.
Grapefruit
Size of grapefruit--9 to 9.5 inches
Weight of grapefruit--.5 to 1 pound
Initial pulp temperature of grapefruit--77 deg.F or above
These steps must occur in order:
(1) Place the grapefruit in a chamber and seal the chamber.
(2) Heat air in the chamber to 104 deg.F for 120 minutes.
(3) Heat air in the chamber to 122 deg.F for 90 minutes.
(4) Heat air in the chamber to 126 deg.F and maintain temperature
until the grapefruit center reaches 118 deg.F.
Mangoes
Size of mangoes--3.15 to 5.5 inches (sizes 8 to 14)
Weight of mangoes--Must not exceed 1.5 pounds
These steps must occur in order:
(1) Probe several representative mangoes at the seed's surface.
Insert the probes into the thickest portion of the mangoes' pulp.
(2) Place the mangoes in a chamber and seal the chamber.
(3) Record temperatures at least once every 2 minutes until the
treatment is concluded.
(4) Heat air in the chamber to 122 deg.F.
(5) Conclude the treatment once the temperature at the seed's
surface (based on the coolest part of the mango) reaches 118 deg.F.
Note: Treatment time will vary depending on the size of the
mangoes and the number of boxes of mangoes treated.
Effective Date
We are publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse public
comment. This rule will be effective, as published in this document, 60
days after the date of publication in the Federal Register unless we
receive written adverse comments or written notice of intent to submit
adverse comments within 30 days of the date of publication of this rule
in the Federal Register.
Adverse comments are comments that suggest the rule should not be
adopted or that suggest the rule should be changed.
If we receive written adverse comments or written notice of intent
to submit adverse comments, we will publish a notice in the Federal
Register withdrawing this rule before the effective date and publish a
proposed rule for public comment. Following the close of that comment
period, the comments will be considered, and a final rule addressing
the comments will be published.
As discussed above, if we receive no written adverse comments nor
written notice of intent to submit adverse comments within 30 days of
publication of this direct final rule, this direct final rule will
become effective 60 days following its publication. We will publish a
notice to this effect in the Federal Register, before the effective
date of this direct final rule, confirming that it is effective on the
date indicated in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
will provide an additional treatment option, high temperature forced
air, for grapefruit and mangoes imported from Mexico. Because this new
treatment will be optional, this rule should have no significant
economic impact on entities using the currently prescribed hot water
and vapor heat treatments.
Also, since high temperature forced air treatment provides for
longer fruit shelf life than do hot water and vapor heat treatments, we
anticipate that some private treatment enterprises will convert their
facilities to employ this treatment. We believe, though, that any costs
of facility conversion would be offset through the production of higher
quality fruit. 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 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 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.
List of Subjects in 7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
Accordingly, 7 CFR part 300 is amended as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 is revised 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 was
revised and reprinted November 30, 1992, and includes all revisions
through June 1993, has been approved for incorporation by reference in
this chapter by the Director of the Office of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4488 Filed 2-28-94; 8:45 am]
BILLING CODE 3410-34-P
