[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52833-52834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25167]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 301

[Docket No. 94-017-2]


Mediterranean Fruit Fly; Regulated Articles and Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with one change, an interim 
rule that amended the Mediterranean fruit fly regulations by adding two 
types of lemons to the list of regulated articles; clarifying the 
requirement for cleaning and waxing 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 were necessary to prevent the spread of the 
Mediterranean fruit fly into noninfested areas of the United States and 
to lessen restrictions that might cause an unnecessary economic burden 
upon the public. The change in this final rule is a technical one to 
correct the amount of protein hydrolysate to be used in the malathion 
bait spray and to clarify whether ``ounces'' refers to fluid ounces or 
ounces by weight.

EFFECTIVE DATE: October 11, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations 
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1236, (301) 734-6600.

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 Medfly regulations at 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.
    In an interim rule effective May 12, 1994, and published in the 
Federal Register on May 18, 1994 (59 FR 25789-25791, Docket No. 94-017-
1), we amended the regulations by adding two types of lemons to the 
list of regulated articles; clarifying the requirement for cleaning and 
waxing lemon (Citrus limon), a regulated article; reducing the rate of 
technical grade malathion required for treating premises for the 
Medfly; and removing the requirement that malathion bait spray 
treatment be applied by ground equipment. These actions were necessary 
to prevent the spread of the Medfly into noninfested areas of the 
United States and to lessen restrictions that might cause an 
unnecessary economic burden upon the public.
    We solicited comments concerning the interim rule for 60 days 
ending July 18, 1994. We received two comments. They were from a State 
government and a citrus trade association. We carefully considered both 
comments. They are discussed below in detail.
    Comment: The interim rule amended Sec. 301.78-10 by reducing the 
rate of malathion bait spray treatment from ``2.4'' ounces to ``1.2'' 
ounces. However, the interim rule did not change the rate of protein 
hydrolysate required to arrive at the necessary 10 percent solution of 
malathion. Also, there was some ambiguity concerning weight/volume 
interpretations in terms of ``ounces'' by weight and ``fluid ounces.'' 
Section 301.78-10 should state that, to arrive at the necessary 10 
percent solution of malathion, 1 fluid ounce (1.2 ounces by weight) of 
malathion would have to be mixed with 11 fluid ounces (13.4 ounces by 
weight) of protein hydrolysate per acre for a total of 12 fluid ounces 
of malathion and protein hydrolysate per acre.
    Response: We agree with the premise of this comment. However, to 
maintain a higher degree of accuracy in our figures and to be 
consistent in our references to fluid ounces and ounces by weight, 
Sec. 301.78-10 will be changed to state that, to arrive at the 
necessary 10 percent solution of malathion, 1.2 fluid ounces (1.4 
ounces by weight) of malathion would have to be mixed with 10.8 fluid 
ounces (13.2 ounces by weight) of protein hydrolysate per acre for a 
total of 12 fluid ounces of malathion and protein hydrolysate per acre.
    Comment: The supplementary information section of the interim rule 
explained why the regulations exempt from treatment smooth-skinned 
lemons destined for commercial packing houses. It stated, ``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.'' However, color should not be considered 
an indication of susceptibility to Medfly attack, as yellow lemons are 
also harvested and sent to commercial packing houses. Rather, high acid 
content, hard-to-puncture rind, and lack of suitability as an 
environment for Medfly are factors that should be used to determine 
whether commercial variety lemons (Citrus limon) that are not overly 
mature should be exempt from treatment.
    Response: We agree, and believe that the language in Sec. 301.78-2 
of the interim rule concerning lemon (Citrus limon) accommodates this 
position. That entry reads: ``Lemon (Citrus limon) except smooth-
skinned lemons harvested for packing by commercial packing houses''. 
Therefore, no change to the rule is necessary.
    Therefore, based on the rationale set forth in the interim rule and 
in this document, we are adopting the provisions of the interim rule as 
a final rule, with the change discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Order 12866 and the Regulatory 
Flexibility Act, Executive Orders 12372 and 12778, and the Paperwork 
Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 

[[Page 52834]]
    Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, with the following 
change, the interim rule that amended 7 CFR part 301 and that was 
published at 59 FR 25789-25791 on May 18, 1994.
    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. 301.78-10  [Amended]

    2. In Sec. 301.78-10, paragraph (c) is amended by revising the last 
sentence to read: ``The malathion bait spray treatment must be applied 
at a rate of 1.2 fluid ounces of technical grade malathion (1.4 ounces 
by weight) and 10.8 fluid ounces of protein hydrolysate (13.2 ounces by 
weight) per acre, for a total of 12 fluid ounces per acre.''

    Done in Washington, DC, this 4th day of October 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-25167 Filed 10-10-95; 8:45 am]
BILLING CODE 3410-34-P