[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12002]


[[Page Unknown]]

[Federal Register: May 18, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 301

[Docket No. 94-017-1]

 

Mediterranean Fruit Fly; Regulated Articles and Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Mediterranean fruit fly regulations by 
adding two types of lemons to the list of regulated articles; 
clarifying the requirement for cleaning and waxing for lemon (Citrus 
limon), a regulated article; reducing the rate of technical grade 
malathion required for treating premises for the Mediterranean fruit 
fly; and removing the requirement that malathion bait spray treatment 
be applied by ground equipment. These actions are necessary to prevent 
the spread of the Mediterranean fruit fly into noninfested areas of the 
United States and to lessen restrictions that may cause an unnecessary 
economic burden upon the public.

DATES: Interim rule effective May 12, 1994. Consideration will be given 
only to comments received on or before July 18, 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. 94-017-1. 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 Mediterranean fruit fly, Ceratitis capitata (Wiedemann), is one 
of the world's most destructive pests of numerous fruits and 
vegetables. The Mediterranean fruit fly (Medfly) can cause serious 
economic losses. Heavy infestations can cause complete loss of crops, 
and losses of 25 to 50 percent are not uncommon. The short life cycle 
of this pest permits the rapid development of serious outbreaks.
    The Mediterranean fruit fly regulations (7 CFR 301.78 through 
301.78-10; referred to below as the regulations) established 
quarantined areas to prevent the spread of the Medfly to noninfested 
areas of the United States. The regulations impose conditions on the 
interstate movement of those articles that, if moved without 
restrictions, present a significant risk of spreading the Medfly from 
quarantined areas into or through noninfested areas. These articles, 
which are designated as regulated articles, may not be moved interstate 
from quarantined areas except in accordance with conditions specified 
in Secs. 301.78-4 through 301.78-10.

Regulated Articles

    Section 301.78-2 designates as regulated articles a number of 
berries, fruits, nuts, and vegetables, and soil within the drip line of 
plants that produce the berries, fruits, nuts, and vegetables. Based on 
research and experience, the articles listed in Sec. 301.78-2(a) as 
regulated articles are articles that are likely to cause the spread of 
the Medfly.
    Recent surveys conducted by the Animal and Plant Health Inspection 
Service (APHIS) and State and county agencies have detected the 
presence of the larvae of the Medfly in Meyer lemons and rough lemons. 
Detection of the larvae of the Medfly in these lemons creates an 
unacceptable risk that movement of these lemons could spread the Medfly 
to noninfested areas of the United States. These lemons are primarily 
backyard grown for noncommercial use. However, many backyard citrus 
growers market these lemons at swapmeets and farmer's markets, which 
may involve both intra- and interstate movement of these lemons. 
Therefore, we are amending the list of regulated articles in 
Sec. 301.78-2(a) by adding ``Lemon, Meyer (Citrus limon X reticulata)'' 
and ``Lemon, Rough (Citrus jambhiri).''
    The regulations already listed lemon (Citrus limon) as a regulated 
article. However, before the effective date of this interim rule, the 
regulations provided an exception for smooth-skinned lemons of commerce 
that are cleaned and waxed. The exception included cleaning and waxing 
only to help readers understand the term ``of commerce.''
    Recently, however, citrus growers have been required to treat the 
smooth-skinned lemons before movement to a packing house. Our 
inspectors have interpreted the exception described above to mean that 
only lemons that have been cleaned and waxed prior to movement may move 
without treatment. That was not our intent.
    Our intent was to exempt from treatment smooth-skinned lemons 
destined for commercial packing houses. Based upon our experience, we 
had determined that smooth-skinned lemons harvested for packing by a 
commercial packing house are harvested while hard and green. At this 
early stage of development, they are not considered susceptible to 
attack by the Medfly.
    These smooth-skinned lemons that are packed in commercial packing 
houses do not present a significant risk of spreading the Medfly into 
noninfested areas of the United States. Therefore, we are also amending 
the list of regulated articles in Sec. 301.78-2(a) by revising the 
entry for lemon (Citrus limon) to accept smooth-skinned lemons 
harvested for packing by a commercial packing house.

Treatments

    Section 301.78-10 identifies treatments for the Medfly. Research 
has determined that these treatments would be adequate to destroy the 
Medfly.
    The treatment schedules for premises in Sec. 301.78-10 require 
application of malathion bait spray by ground equipment at a rate of 
2.4 ounces of technical grade malathion and 9.6 ounces of protein 
hydrolysate per acre. At the time these levels were determined, 
research indicated 2.4 ounces of technical grade malathion was the 
minimum amount for the necessary protection against the Medfly. Based 
upon recent Medfly studies\1\ that we conducted, we have determined 
that reducing the technical grade malathion rate by 50 percent will 
provide the same efficacy as the original rate. Therefore, we are 
amending the regulations to require a rate of 1.2 ounces of technical 
grade malathion and 9.6 ounces of protein hydrolysate per acre for the 
treatment of premises for the Medfly. This reduction will lessen 
restrictions while providing adequate protection against the Medfly.
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    \1\Copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT.
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    Additionally, we are amending Sec. 301.78-10 to remove the 
requirement that the bait spray treatment be applied by ground 
equipment. There are other acceptable means of application.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
necessary to prevent the Medfly from spreading into noninfested areas 
of the United States and to lessen restrictions that may cause an 
unnecessary economic burden upon the public.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This interim rule adds two types of lemons to the list of regulated 
articles, clarifies the requirement for cleaning and waxing for lemon 
(Citrus limon) in the list of regulated articles, and reduces the rate 
of technical grade malathion required for treating premises for the 
Mediterranean fruit fly. The rule change affects the interstate 
movement of these newly regulated articles from the quarantined areas 
in California. Citrus growers, produce growers, and others who process 
regulated articles for movement are required to treat and certify their 
regulated articles before moving them interstate.
    There are about 213 small entities within the regulated area that 
could be affected, including haulers, packers, processors, and growers. 
These small entities comprise less than 1 percent of the total number 
of similar small entities operating in the State of California.
    The impact to the few small entities that move regulated articles 
interstate from parts of the quarantined areas will be minimized by the 
availability of various treatments that, in most cases, will allow 
these small entities to move regulated articles interstate with very 
little additional cost. Also, many of these entities sell other items 
in addition to the regulated articles so that the effect, if any, of 
this interim rule on these entities should be minimal. Furthermore, the 
number of affected entities is small compared with the thousands of 
small entities that move these articles interstate from nonquarantined 
areas in California and other States.
    Those small entities that currently treat their premises with 
malathion bait spray will experience a decline, albeit small, in their 
treatment costs due to the reduction in the rate of technical grade 
malathion that must be applied from 2.4 ounces per acre to 1.2 ounces 
per acre. The economic effect of this change on small entities will be 
minimal.
    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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for the Medfly eradication program. The assessment 
provides a basis for the conclusion that implementation of integrated 
pest management to achieve eradication of the Medfly would not have a 
significant impact on human health and the natural environment.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with:
    (1) The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321 et seq.);
    (2) Regulations of the Council on Environmental Quality for 
Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500-
1508);
    (3) USDA Regulations Implementing NEPA (7 CFR part 1b); and
    (4) APHIS Guidelines Implementing NEPA (44 FR 50381-50384, August 
28, 1979, and 44 FR 51272-51274, August 31, 1979).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection 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. In addition, copies may be obtained by writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    The information collection or recordkeeping requirements contained 
in Secs. 301.78 through 301.78-10 have been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.) under OMB control number 0579-0088.

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).


Sec. 301.78-2  [Amended]

    2. In Sec. 301.78-2, paragraph (a) is amended as follows:
    a. By adding, in alphabetical order, ``Lemon, Meyer (Citrus limon X 
reticulata)'' and ``Lemon, Rough (Citrus jambhiri)''.
    b. By revising the entry for ``Lemon (Citrus limon)'' to read 
``Lemon (Citrus limon) except smooth-skinned lemons harvested for 
packing by commercial packing houses''.


Sec. 301.78-10  [Amended]

    3. Section 301.78-10 is amended as follows:
    a. In paragraph (c), the last sentence, by removing the words ``by 
ground equipment'', and by removing ``2.4'' and adding ``1.2'' in its 
place.
    b. At the end of the section, by adding ``(Approved by the Office 
of Management and Budget under control number 0579-0088)''.

    Done in Washington, DC, this 12th day of May 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-12002 Filed 5-17-94; 8:45 am]
BILLING CODE 3410-34-P