[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14931]
[[Page Unknown]]
[Federal Register: June 20, 1994]
VOL. 59, NO. 117
Monday, June 20, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 94-030-1]
Mexican Fruit Fly; Treatments for Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the Mexican fruit fly regulations by
adding a high-temperature forced air treatment for grapefruit. This
proposed action would provide an alternative treatment for grapefruit
that require treatment to be moved interstate from regulated areas in
Texas and California. Adding this treatment would facilitate the
interstate movement of grapefruit grown in regulated areas.
DATES: Consideration will be given only to comments received on or
before July 20, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 94-030-1. Comments
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 are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Domestic and Emergency Operations, Plant Protection and
Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-8247.
SUPPLEMENTARY INFORMATION:
Background
The Mexican fruit fly, Anastrepha ludens (Loew), is a destructive
pest of citrus and other types of fruit. The short life cycle of the
Mexican fruit fly allows rapid development of serious outbreaks that
can cause severe economic losses in commercial citrus-producing areas.
In order to prevent the artificial spread of the Mexican fruit fly
to noninfested areas, the regulations in 7 CFR 301.64 (referred to
below as the regulations) restrict the interstate movement of regulated
articles from regulated areas in quarantined States. Quarantined States
are listed in Sec. 301.64(a), regulated articles are listed in
Sec. 301.64-2, and regulated areas are listed in Sec. 301.64-3(c).
A regulated article may be moved interstate from a regulated area
in a quarantined State into or through American Samoa, Arizona,
California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana
Islands, Puerto Rico, Texas, or the U.S. Virgin Islands only if the
movement is in accordance with the conditions prescribed in the
regulations. Under Sec. 301.64-4 of the regulations, a regulated
article may be moved interstate from a regulated area in a quarantined
State into or through those areas only if it is accompanied by a
certificate or limited permit issued in accordance with Sec. 301.64-5.
The regulations in Sec. 301.64-5 state, in part, that a certificate
may be issued for the interstate movement of a regulated article if an
inspector determines that the regulated article is free from the
Mexican fruit fly, or that the premises of origin is free from the
Mexican fruit fly and the regulated article has not been exposed to the
pest. Regulated articles are most often certified for interstate
movement in one of these ways.
However, there are cases where a regulated article or its premises
of origin cannot be determined to be free from the Mexican fruit fly.
In such cases, a certificate will be issued if the regulated article is
treated in accordance with Sec. 301.64-10, or a limited permit may be
obtained to move the regulated article interstate to receive one of the
treatments specified in Sec. 301.64-10.
Currently, the regulations provide cold treatment and methyl
bromide fumigation as treatments for grapefruit (Citrus paradisi), one
of the regulated articles listed in Sec. 301.64-2. We are proposing to
add a high-temperature forced air treatment to Sec. 301.64-10 as an
optional treatment for grapefruit. This high-temperature forced air
treatment was developed by the Agricultural Research Service of the
U.S. Department of Agriculture as an effective alternative treatment
against the Mexican fruit fly in grapefruit.
The treatment is administered in a sealed, insulated chamber on
grapefruit that are at least 3.5 inches (9 centimeters) in diameter,
weigh at least 9.25 ounces (262 grams), and have an initial pulp
temperature of at least 77 deg.F (25 deg.C). The air in the chamber
is then heated as follows:
(1) To 104 deg.F (40 deg.C) for 120 minutes;
(2) To 122 deg.F (50 deg.C) for 90 minutes; then
(3) To 126 deg.F (52 deg.C), where the temperature is maintained
until the grapefruit center reaches 118 deg.F (48 deg.C).
The air may be heated in the chamber, or hot air may be introduced
into the chamber. The treatment schedule includes a warning that
grapefruit larger than 3.7 inches (9.5 centimeters) in diameter and
14.2 ounces (402 grams) in weight may suffer cosmetic damage as a
result of this treatment because of the longer times needed to reach
the required temperatures.
Adding this treatment would facilitate the interstate movement of
grapefruit grown in regulated areas. Executive Order 12866 and
Regulatory Flexibility Act
This proposed 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 proposed rule, if adopted, would amend the regulations by
adding a high-temperature forced air treatment to the list of approved
treatments for Mexican fruit fly in grapefruit.
There are approximately 1,500 citrus grove owners and 50 shippers
who would benefit by having an additional treatment option for
grapefruit to be moved interstate from a regulated area. It appears
unlikely that adding another treatment would increase the amount of
grapefruit moved from regulated areas in Texas and California because
most citrus and other regulated articles moved interstate by owners and
shippers qualify for movement without requiring treatment. Treatment
becomes necessary only when the regulated articles or their premises of
origin cannot be certified as being free from Mexican fruit fly.
Cold treatment and methyl bromide fumigation are the two treatments
currently available for grapefruit. The availability of the high-
temperature forced air treatment would simply provide another treatment
option when treatment is required.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
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 proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This document contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 7 CFR part 301 would be amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue 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).
2. In Sec. 301.64-10, a new paragraph (e) would be added to read as
follows:
Sec. 301.64-10 Treatments.
* * * * *
(e) Grapefruit. High-temperature forced air as follows:
Minimum size: 3.5 in (9 cm) in diameter
Minimum weight: 9.25 oz (262 g)
Minimum initial pulp temperature: 77 deg.F (25 deg.C)
Caution: Grapefruit larger than 3.7 in (9.5 cm) in diameter and
14.2 oz (402 g) in weight may suffer cosmetic damage as a result of
this treatment.
These steps must occur in order:
(1) Place the grapefruit in a chamber and seal the chamber.
(2) Heat air in chamber to 104 deg.F (40 deg.C) for 120 minutes.
(3) Heat air in chamber to 122 deg.F (50 deg.C) for 90 minutes.
(4) Heat air in chamber to 126 deg.F (52 deg.C) and maintain
temperature until the grapefruit center reaches 118 deg.F (48 deg.C).
The treatment must be administered in a sealed, insulated chamber.
The air may be heated in the chamber or hot air may be introduced into
the chamber.
Done in Washington, DC, this 15th day of June 1994.
Alex B. Thiermann,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-14931 Filed 6-17-94; 8:45 am]
BILLING CODE 3410-34-P
