[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37663-37665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17613]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 64, No. 133 / Tuesday, July 13, 1999 / Rules
and Regulations
[[Page 37663]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 301
[Docket No. 96-069-3]
High-Temperature Forced-Air Treatments for Citrus
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
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SUMMARY: We are amending the Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference into the Code of Federal
Regulations, to allow navel oranges from Mexico and areas of the United
States that are infested with plant pests in the genus Anastrepha,
which includes A. ludens, the Mexican fruit fly, to be treated with a
high-temperature forced-air process currently approved for tangerines,
oranges other than navel oranges, and grapefruit from these areas. This
action provides an additional option for treating navel oranges from
these areas.
DATES: This rule will be effective on September 13, 1999 unless we
receive written adverse comments or written notice of intent to submit
adverse comments on or before August 12, 1999. The incorporation by
reference of the material listed in the rule is approved by the
Director of the Federal Register as of September 13, 1999.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to: Docket No.
96-069-3, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 96-069-3.
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 rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Pete Grosser, Senior Import
Specialist, Port Operations, PPQ, APHIS, 4700 River Road Unit 136,
Riverdale, MD 20737-1236; (301) 734-6799; or e-mail
ronald.c.campbell@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
To prevent the spread of plant pests into or within the United
States, the U.S. Department of Agriculture (USDA) restricts the
importation and interstate movement of many articles, including fruits.
As a condition of movement, some fruits are required to be treated for
plant pests in accordance with title 7 of the Code of Federal
Regulations (CFR). The Plant Protection and Quarantine Treatment Manual
(PPQ Treatment Manual) of the USDA's Animal and Plant Health Inspection
Service (APHIS) contains approved treatment schedules and is
incorporated by reference into the CFR at 7 CFR 300.1.
Pursuant to 7 CFR 319.56-2x, USDA allows tangerines, oranges, and
grapefruit from Mexico to be imported into the United States if treated
in accordance with the PPQ Treatment Manual. In addition, USDA
regulates the interstate movement of certain articles from areas of the
United States where outbreaks of the Mexican fruit fly have occurred
(currently, parts of Texas and California). The pertinent regulations
are at 7 CFR 301.64 through 301.64-10; acceptable treatments for the
regulated articles are listed in 301.64-10.
On December 30, 1997, we published in the Federal Register (62 FR
67761 67763, Docket No. 96-069-1) a proposed rule to, among other
things, amend the PPQ Treatment Manual to include high-temperature
forced-air treatments for tangerines, oranges (except navel oranges),
and grapefruit from Mexico and areas of the United States affected with
pests in the genus Anastrepha, which includes A. ludens, the Mexican
fruit fly. We also proposed to amend 7 CFR 300.1 to show that the PPQ
Treatment Manual had been so changed and to amend 301.64-10(e) of the
Mexican fruit fly regulations to indicate that grapefruit, oranges
(except navel oranges), and tangerines from areas of the United States
infested with the Mexican fruit fly may be treated with high-
temperature forced air in accordance with the PPQ Treatment Manual. The
high-temperature forced-air treatments we proposed were developed by
the USDA's Agricultural Research Service (ARS) in conjunction with
APHIS PPQ Methods Development.
We solicited comments for 60 days ending March 2, 1998. We received
28 comments by that date. They were from Mexican citrus producers, USDA
employees, a State government, and a citrus industry association. The
commenters generally supported the adoption of the proposed high-
temperature forced-air treatments. However, some of the commenters
suggested changes or clarifications to the proposed treatments. A
comment provided by the ARS researchers who did the research upon which
the proposed high-temperature forced-air treatments were based
suggested the inclusion of a high-temperature forced-air treatment for
navel oranges. The ARS commenters stated that research proving the
quarantine security of the treatment for navel oranges was performed
shortly after the completion of the research on the treatments for
oranges other than navel oranges, tangerines, and grapefruit.
After carefully considering the comments, we published a final rule
in the Federal Register on December 10, 1998 (63 FR 68161-68165, Docket
No. 96-069-2), that, among other things, amended the PPQ Treatment
Manual to include a single high-temperature forced-air treatment
(described below) for tangerines, oranges (except navel oranges), and
grapefruit from Mexico and areas of the United States affected with
pests in the genus Anastrepha. We
[[Page 37664]]
also amended 7 CFR 300.1 to show that the PPQ Treatment Manual had been
so changed and 301.64-10(e) of the Mexican fruit fly regulations to
indicate that high-temperature forced air in accordance with the PPQ
Treatment Manual can be used to treat grapefruit, oranges (except navel
oranges), and tangerines for movement from areas of the United States
infested with the Mexican fruit fly.
In the preamble to the final rule, we stated that we had reviewed
the completed data provided by ARS concerning the inclusion of a high-
temperature forced-air treatment for navel oranges and had determined
that the treatment would be effective for navel oranges as well. We
also indicated that we would soon publish in the Federal Register a
direct final rule to allow the use of the treatment on navel oranges.
We did not include the treatment for navel oranges in the final rule
because the proposed rule had not addressed navel oranges.
Therefore, we are now amending the PPQ Treatment Manual to add
navel oranges to the list of fruits that may be treated with high-
temperature forced air for pests in the genus Anastrepha. We are also
amending 7 CFR 300.1 to show that the PPQ Treatment Manual has been so
revised. We are also amending 301.64-10(e) to remove the exception for
navel oranges so that all types of oranges from areas of the United
States quarantined under the Mexican fruit fly regulations may be
treated with high-temperature forced air as specified in the PPQ
Treatment Manual. The high-temperature forced-air treatment that will
be authorized is described below.
Treatment Procedure
The treatment must be administered in sealed, insulated chambers;
the air may be heated in the chambers, or hot air may be introduced
into the chambers. The number of temperature probes must be approved in
advance during the chamber certification procedure.
Place the temperature probes into the centers of the largest fruit
in the load. Place the fruit inside the chamber, seal it, and begin the
treatment.
The target temperature is 44 deg.C (111.2 deg.F). Throughout the
treatment, record the fruit center temperatures at least once every 2
minutes. If it takes less than 90 minutes for the fruit to reach the
target temperature, the fruit must remain at the target temperature for
any additional time needed to reach 90 minutes, plus another 100
minutes. If the fruit takes 90 minutes or more to reach the target
temperature, the fruit must remain at the target temperature for an
additional 100 minutes only.
Hydrocooling after treatment is optional.
The treatment is for fruit of the following sizes:
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Standard pack Container size Maximum diameter
Fruit variety count \1\ (bu) Maximum weight (g) (in)
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Tangerines................... 120 \4/5\ 245 (8.6 oz)............... Not specified.
Navel oranges................ 100 1\2/5\ 450 (15.9 oz).............. 3\13/16\.
Oranges (other than navel)... 100 1\2/5\ 468 (16.4 oz).............. 3\13/16\.
Grapefruit................... 70 1\2/5\ 536 (18.8 oz).............. 4\5/16\.
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\1\ Standard pack count is an index based on the approximate number of fruit of uniform diameter that fit into a
bushel container of the size indicated.
Examples of Treatment Administration
1. If the center temperature of fruit located in the coolest
location inside a forced-air chamber required 112 minutes to reach 44
deg.C, then the total treatment time for the fruit load would be 212
minutes (112 minutes approach time to target temperature + 100 minutes
treatment time at target temperature).
2. If the center temperature of fruit located in the coolest
location inside a forced-air chamber required 80 minutes to reach 44
deg.C, then the total treatment time for the fruit load would be 190
minutes (80 minutes approach time to target temperature + 10 additional
minutes so that approach time is the required 90 minutes in duration +
100 minutes treatment time at target temperature).
Note: Tolerance data may be obtained from the USDA-ARS
Subtropical Research Center, Crop Quality & Fruit Insects, 2301 S.
International Blvd., Weslaco, TX 78596, or the USDA-APHIS-PPQ Oxford
Plant Protection Center, 901 Hillsboro Street, Oxford, NC 27565.
Dates
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. We will then
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
document 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. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
This rule, which allows the use of a process involving high-
temperature forced air for treating navel oranges from areas of Mexico
and the United States infested with plant pests of the genus Anastrepha
(which includes A. ludens, the Mexican fruit fly), could affect
producers and treatment administrators in areas in Texas and California
regulated for the Mexican fruit fly and U.S. importers of citrus from
Mexico.
The effect of this rule in California should be almost nonexistent
as avocados are the major crop in the area in California where an
outbreak of the Mexican fruit fly has occurred.
Regulated areas in Texas comprise a major citrus-growing region of
the
[[Page 37665]]
United States. Four of the five regulated production areas in Texas
were infested with Mexican fruit flies in fiscal year (FY) 1996 and FY
1997. In treating fruit for export and for shipment to other U.S.
citrus-growing areas, producers generally use methyl bromide
fumigation, although other options are available. More than 90 percent
of the fruit treated are grapefruit; the rest are oranges. In FY 1996,
5.4 million pounds of citrus from regulated areas of Texas were
fumigated, and this amount increased to 19.2 million pounds in FY 1997.
Ninety percent of the treated fruit is shipped to California, and 10
percent, to Mexico.
Eight fumigation companies treat citrus shipped from the regulated
areas of Texas. The fumigation facilities are located in the packing
sheds of major packing houses. Some are private companies; others
operate as cooperatives. All of the fumigation companies can be
considered small entities by Small Business Administration standards
(annual revenue less than $5 million, averaged over 3 years).
The use of high-temperature forced air as an alternative treatment
for navel oranges could lead to a slight reduction in revenue for the
fumigation companies, if the new treatment is found by the growers to
be financially preferable. At growers' meetings in the area, the
possibility of building and operating one or two high-temperature
forced-air treatment facilities as cooperative ventures has been
discussed. However, the consensus has been that more information is
needed before the sizable expenditures such facilities would require
are made. Producers remain concerned about the speed with which the
fruit could be treated and the risk of fruit being damaged by the high
temperatures. Producers are unlikely to replace fumigation with the
proposed high-temperature forced-air process until these issues are
resolved to their satisfaction.
Mexico is a major supplier of oranges to the United States,
providing one-third or more of all oranges imported. Mexico exported
7,633 metric tons of oranges (worth about $3.7 million) to the United
States in 1996; 10,461 metric tons of oranges ($4.9 million) in 1997;
and 9,103 metric tons of oranges ($4.2 million) in 1998. Navel oranges
represent approximately 25 percent of the oranges imported from Mexico.
Importations of citrus that originate in certain areas of the State
of Sonora, Mexico, considered to be free of the Mexican fruit fly
require certification only. Oranges are the only fruit exported to the
United States from these areas.
Citrus imports from the rest of Mexico must be treated for
Anastrepha species. Methyl bromide fumigation has been and continues to
be an acceptable treatment, and, as of December 10, 1998, high-
temperature forced-air has been acceptable for use on tangerines,
oranges other than navel oranges, and grapefruit. A facility capable of
treating citrus with high-temperature forced air has been built in
Mexico; however, it is not yet in operation. The Mexico Citrus
Exporters Association estimates that use of the new facility could lead
to annual exports to the United States of an additional 453 metric tons
(1 million pounds) of navel oranges. To put this estimate in
perspective, this amount is 4.9 percent of the total Mexican orange
imports into the United States in 1998.
Citrus producers in the regulated areas in Texas are expected to
monitor the experiences of Mexican producers with the new treatment and
reassess its future adoption. Effects of this rule on fumigation
companies in the regulated areas of Texas (and on any fumigation
companies that may serve producers in the regulated areas in
California) are expected to be negligible to nonexistent. The proposed
treatment will provide another alternative for producers and fumigation
companies.
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 information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (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 301
Agricultural commodities, Incorporation by reference, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR parts 300 and 301 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, and 167; 7 CFR 2.22,
2.80, and 371.2(c).
2. In Sec. 300.1, paragraph (a) introductory text is revised to
read as follows:
Sec. 300.1 Materials incorporated by reference.
(a) Plant Protection and Quarantine Treatment Manual. The Plant
Protection and Quarantine Treatment Manual, which was reprinted
November 30, 1992, and includes all revisions through June 1999 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 301--DOMESTIC QUARANTINE NOTICES
3. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 301.64-10 [Amended]
4. In 301.64-10, paragraph (e), the words ``(except navel
oranges)'' are removed.
Done in Washington, DC, this 6th day of July 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-17613 Filed 7-12-99; 8:45 am]
BILLING CODE 3410-34-P
