[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Rules and Regulations]
[Pages 6957-6958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2746]



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


DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 93-028-5]


Grapefruit and Mangoes From Mexico; Addition of Treatment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are allowing 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. We are also making several nonsubstantive changes 
to clarify the fruits and vegetables regulations.

EFFECTIVE DATE: February 6, 1995.

FOR FURTHER INFORMATION CONTACT:
Mr. Frank Cooper, Senior Operations Officer, or Mr. Victor Harabin, 
Head, Permit Unit, Port Operations, Plant Protection and Quarantine, 
APHIS, USDA, P.O. Drawer 810, Riverdale, MD 20738. The telephone number 
for the agency contracts will change when agency offices in 
Hyattsville, MD, move to Riverdale, MD, during February. Telephone: 
(301) 436-8645 (Hyattsville); (301) 734-8645 (Riverdale).

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.
    Previously, the PPQ Treatment Manual provided for either cold, 
methyl bromide, or vapor heat as treatments for grapefruit. It also 
provided for hot water treatment for all mangoes and vapor heat 
treatment for Manila mangoes only. We now have added to the PPQ 
treatment manual high-temperature forced air treatments for both 
grapefruit and mangoes that are imported from Mexico.
    These high-temperature forced air treatment 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 chambers. The air may be heated in the 
chambers or hot air may be introduced into the chambers.

History

    In a direct final rule published in the Federal Register on March 
1, 1994 (59 FR 9613-9614, Docket No. 93-028-2), we notified the public 
of our intent to add to the PPQ Treatment Manual high-temperature 
forced air treatments for grapefruit and mangoes from Mexico. The 
direct final rule was to become effective 60 days after publication in 
the Federal Register, unless we received written adverse comments or 
written notice of intent to submit adverse comments. In response to the 
direct final rule, we received one written adverse comment from a 
representative of the citrus industry, who noted that size and weight 
specifications for grapefruit would exclude several larger sizes of 
grapefruit that are shipped to market for commercial use. Subsequently, 
in a document published in the Federal Register on April 21, 1994 (59 
FR 18943, Docket No. 93-028-3), we withdrew the direct final rule and 
stated our intent to publish a proposed rule for public comment.
    On November 14, 1994 (59 FR 56412-56413, Docket No. 93-028-4), we 
published a proposed rule in the Federal Register comparable to the 
direct final rule, but providing for use of the high-temperature forced 
air treatment on larger grapefruit. As we explained in the proposed 
rule, the treatment is effective against fruit flies in the larger 
grapefruit, but larger grapefruit will take longer to reach the 
required internal pulp temperature.
    We also proposed to make three nonsubstantive editorial changes to 
simplify the fruits and vegetables regulations, contained in 7 CFR 
319.56 through 319.56-8.
    We solicited comments concerning our proposal for 30 days ending 
December 14, 1994. We received 10 comments by that date. They were from 
a State agricultural agency, Mexican mango and grapefruit growers, and 
a consumer. All of the comments supported the proposal.
    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.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    Immediate implementation of this rule is necessary to provide 
relief to those persons who are adversely affected by restrictions we 
no longer find warranted. This action provides an alternative 
treatment, high-temperature forced air, for grapefruit and mangoes 
imported from Mexico. Making this rule effective upon publication will 
allow interested importers and others to immediately employ high-
temperature forced air treatment for grapefruit and mangoes from 
Mexico. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

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 provides an additional treatment option, high-
temperature forced air, for grapefruit and mangoes imported from 
Mexico. Because this new treatment is optional, this rule should have 
no significant economic impact on entities using the cold, hot water, 
methyl bromide, or vapor heat treatments. [[Page 6958]] 
    Also, since high-temperature forced air treatment provides for 
longer fruit shelf life than do hot water and vapor heat treatments, 
the most commonly used treatments, we anticipate that some private 
treatment enterprises will convert their facilities to employ this new 
optional treatment. We believe, though, that any costs of facility 
conversion will be offset through the production of fruit that has a 
longer shelf life. 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 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 rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.),

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, title 7, chapter III, of the Code of Federal 
Regulations is amended as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 continues 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 
includes all revisions through February 1995, has been approved for 
incorporation by reference in 7 CFR chapter III by the Director of the 
Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21 
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 319.56-2f  [Removed and Reserved]

    4. Section 319.56-2f is removed and reserved.


Sec. 319.56-2q  [Removed and Reserved]

    5. Section 319.56-2q is removed and reserved.
    6. In Sec. 319.56-2x, paragraph (a), the table is amended for the 
Mexico entry by adding four new commodities, in alphabetical order, to 
read as follows:


Sec. 319.56-2x  Administrative instructions; conditions governing the 
entry of certain fruits and vegetables for which treatment is required.

    (a) * * *

------------------------------------------------------------------------
 Country/locality     Common name      Botanical name     Plant part(s) 
------------------------------------------------------------------------
                                                                        
       *                  *                  *                  *       
Mexico                                                                  
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
                   Grapefruit.......  Citrus paradisi.  Fruit.          
                   Mango............  Mangerifa indica  Fruit.          
                   Orange...........  Citrus sinensis.  Fruit.          
                   Tangerine........  Citrus            Fruit.          
                                       reticulata.                      
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------

    Done in Washington, DC, this 30th day of January 1995.
Terry I. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-2746 Filed 2-3-95; 8:45 am]
BILLING CODE 3410-34-M