[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.

-----------------------------------------------------------------------

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