[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
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 /
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[[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