[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