[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20785]
[[Page Unknown]]
[Federal Register: August 25, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 301
[Docket No. 94-030-2]
Mexican Fruit Fly; Treatments for Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Mexican fruit fly regulations by adding a
high-temperature forced air treatment for grapefruit. This action will
provide an alternative treatment for grapefruit that require treatment
to be moved interstate from regulated areas in Texas and California.
Adding this treatment will facilitate the interstate movement of
grapefruit grown in regulated areas.
EFFECTIVE DATE: September 26, 1994.
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 through 301.64-10
(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).
Regulated articles are most often certified for interstate movement
after an inspector has determined 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. There are cases, however, 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.
On June 20, 1994, we published in the Federal Register (59 FR
31561-31562, Docket No. 94-030-1) a proposal to add a high-temperature
forced air treatment to Sec. 301.64-10 as an alternative treatment for
grapefruit (Citrus paradisi), one of the regulated articles listed in
Sec. 301.64-2. The 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.
We solicited comments on our proposed rule for a 30-day period
ending on July 20, 1994. We received one comment by that date, from a
State department of agriculture. The commenter supported our proposed
rule with the expectation that the Animal and Plant Health Inspection
Service will ensure that the treatment will be conducted in accordance
with the approved time and temperature schedule and that treated
grapefruit will be identified as such and protected from Mexican fruit
fly infestation until it has left the regulated area. We believe that
the provisions of Sec. 301.64-4 regarding conditions for the interstate
movement of regulated articles from regulated areas and the provisions
of Sec. 301.64-5 regarding the issuance of certificates and limited
permits for the movement of regulated articles sufficiently address the
commenter's expectations. Section 301.64-5 also requires that
treatments be monitored by inspectors to assure compliance with the
regulations.
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.
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 amends 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 stand to benefit by having an additional treatment option for
grapefruit to be moved interstate from a regulated area. Adding another
treatment will not 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 have been the two
treatments available for grapefruit; the availability of the high-
temperature forced air treatment will 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 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.
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 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
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).
2. In Sec. 301.64-10, a new paragraph (e) is added to read as
follows:
Sec. 301.64-10 Treatments.
* * * * *
(e) Grapefruit. (1) High-temperature forced air as follows:
(i) Minimum size: 3.5 in (9 cm) in diameter
(ii) Minimum weight: 9.25 oz (262 g)
(iii) Minimum initial pulp temperature: 77 deg.F (25 deg.C)
(iv) 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.
(2) These steps must occur in order:
(i) Place the grapefruit in a chamber and seal the chamber.
(ii) Heat air in chamber to 104 deg.F (40 deg.C) for 120 minutes.
(iii) Heat air in chamber to 122 deg.F (50 deg.C) for 90 minutes.
(iv) 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).
(3) 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 18th day of August 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-20785 Filed 8-24-94; 8:45 am]
BILLING CODE 3410-34-P
