[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Proposed Rules]
[Pages 67761-67763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33718]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / 
Proposed Rules  

[[Page 67761]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 301

[Docket No. 96-069-1]


High-Temperature Forced-Air Treatments for Citrus

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow the use of a process involving high-
temperature forced air for treating tangerines, oranges (except navel 
oranges), and grapefruit from Mexico and areas of the United States 
that are infested with plant pests in the genus Anastrepha, which 
includes A. ludens, the Mexican fruit fly. This action would provide an 
additional option for treating these fruits. The treatments would be 
included in the Plant Protection and Quarantine Treatment Manual, which 
is incorporated by reference into the Code of Federal Regulations.

DATES: Consideration will be given only to comments received on or 
before March 2, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-069-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-069-1. 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 tocall ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Campbell, Operations Officer, 
Port Operations, PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD 
20737-1236; (301) 734-6799; or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    To prevent the spread of plant pests into or within the United 
States, the U.S. Department of Agriculture (USDA) restricts the 
importation and interstate movement of many articles, including fruits. 
As a condition of movement, some fruits are required to be treated for 
plant pests in accordance with the Code of Federal Regulations (CFR). 
The Plant Protection and Quarantine Treatment Manual (PPQ Treatment 
Manual) of the USDA's Animal and Plant Health Inspection Service 
(APHIS) contains approved treatment schedules and is incorporated by 
reference into the CFR at 7 CFR 300.1.
    Pursuant to 7 CFR 319.56-2x, USDA allows tangerines, oranges, and 
grapefruit from Mexico to be imported into the United States if treated 
in accordance with the PPQ Treatment Manual. We are proposing to amend 
this manual to include the high-temperature forced-air treatments 
described below under ``Treatments'' for tangerines, oranges (except 
navel oranges), and grapefruit from Mexico as additional effective 
treatments for pests in the genus Anastrepha, which includes A. ludens, 
the Mexican fruit fly. We would amend 7 CFR 300.1 to show that the PPQ 
Treatment Manual has been so changed.
    In addition, because the Mexican fruit fly infests parts of the 
United States (currently, parts of Texas and California), USDA 
regulates the interstate movement of certain articles from those areas 
under the Mexican Fruit Fly Quarantine and Regulations, found at 7 CFR 
301.64 through 301.64-10. Acceptable treatments for the regulated 
articles are listed in Sec. 301.64-10. Treatments for the regulated 
articles themselves include a cold treatment, fumigation with methyl 
bromide, and a high-temperature forced-air treatment for grapefruit of 
a certain size; treatments for the fields or groves in which the 
regulated articles are grown include a soil drench with diazinon and a 
malathion bait spray.
    The high-temperature forced-air treatment for grapefruit listed in 
Sec. 301.64-10(e) specifies that the grapefruit must be at least 3.5 in 
(9 cm) in diameter and 9.25 oz (262 g) in weight. This treatment is 
based on a target temperature, which means that any Anastrepha larvae 
present in the grapefruit are killed through a process of incrementally 
increasing the air temperature in the hot-air chamber until the 
temperature at the grapefruit center reaches 118  deg.F (48  deg.C). 
The treatment specifies a minimum size for the grapefruit because 
grapefruit less than the specified size were found during research to 
reach the target temperature too quickly to ensure larvae mortality. 
This treatment, which is still a viable option, is also included in the 
PPQ Treatment Manual.
    We are proposing to amend Sec. 301.64-10 to allow for the use of 
the high-temperature forced-air treatments described below for 
tangerines, oranges (except navel oranges), and grapefruit. Unlike the 
treatment described above, which is based on a target temperature, the 
proposed treatments are based on time: They involve maintaining at 
least a specified temperature in the hot-air chamber for a specified 
period of time. These treatments specify a maximum size for the fruit 
because research revealed that, when used on fruit larger than the 
stated size, the treatment did not raise the internal temperature of 
the fruit sufficiently within the allotted time to ensure mortality of 
Anastrepha larvae. We would indicate in Sec. 301.64-10(e) that these 
three new treatments are included in the PPQ Treatment Manual.
    For consistency, we are also proposing to remove from Sec. 301.64-
10 the specific requirements for the cold treatment, the methyl bromide 
treatment, and the high-temperature forced-air treatment, which are 
described, respectively, in paragraphs (a), (d), and (e). Because all 
of these treatments are spelled out in the PPQ Treatment Manual, there 
is no reason for them also to be listed in the CFR. Removing the 
specific instructions for these treatments from Sec. 301.64-10 and 
indicating that the treatments should be conducted in accordance with 
the PPQ Treatment Manual is in keeping with regulatory reform efforts 
to remove unnecessary or redundant Federal regulations.
    The soil drench and malathion bait spray treatments are not listed 
in the PPQ Treatment Manual and will remain in Sec. 301.64-10 (b) and 
(c). These treatments are cultural practices to be performed by 
producers in the groves

[[Page 67762]]

and fields, not quarantine treatments to be performed on the regulated 
articles as are the cold, methyl bromide, and high-temperature forced-
air treatments. However, we are proposing some minor grammatical and 
punctuation changes to Sec. 301.64-10(b).

Treatments

    The following high-temperature forced-air treatments were developed 
by the USDA's Agricultural Research Service. The treatments must be 
administered in sealed, insulated chambers. The air may be heated in 
the chambers, or hot air may be introduced into the chambers.

Tangerines

    The proposed treatment is for tangerines that are commercial size 
125 or smaller. (Commercial size is an index based on the approximate 
number of fruit that fit into a commercial shipping box [40 lb or 18.14 
kg].) Each tangerine must weigh no more than 8.6 oz (245 g).
    Place the tangerines in the chamber and seal it. Raise the air 
temperature in the chamber to 113  deg.F (45  deg.C) or higher for 210 
minutes. (Treatment time begins when the coldest air temperature sensor 
reaches 113  deg.F.) Record the temperature of each sensor at least 
once every 2 minutes throughout the treatment. Any temperature reading 
below 113  deg.F will invalidate the entire treatment. If any low 
temperature readings occur, repeat (do not simply extend) the 
treatment.

Oranges

    The proposed treatment is for oranges (except navel oranges) that 
are commercial size 100 or smaller. Each orange must weigh no more than 
16.5 oz (468 g).
    Place the oranges in the chamber and seal it. Raise the air 
temperature in the chamber to 114.8  deg.F (46  deg.C) or higher for 
250 minutes. (Treatment time begins when the coldest air temperature 
sensor reaches 114.8  deg.F.) Record the temperature of each sensor at 
least once every 2 minutes throughout the treatment. Any temperature 
reading below 114.8  deg.F will invalidate the entire treatment. If any 
low temperature readings occur, repeat (do not simply extend) the 
treatment.

Grapefruit

    The proposed treatment is for grapefruit that are commercial size 
70 or smaller. Each grapefruit must weigh no more than 18.8 oz (532 g).
    Place the grapefruit in the chamber and seal it. Raise the air 
temperature in the chamber to 114.8  deg.F (46  deg.C) or higher for 
300 minutes. (Treatment time begins when the coldest air temperature 
sensor reaches 114.8  deg.F.) Record the temperature of each sensor at 
least once every 2 minutes throughout the treatment. Any temperature 
reading below 114.8  deg.F will invalidate the entire treatment. If any 
low temperature readings occur, repeat (do not simply extend) the 
treatment.

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 would allow use of a process involving high-
temperature forced air for treating tangerines, oranges (except navel 
oranges), and grapefruit from Mexico and areas of the United States 
infested with plant pests in the genus Anastrepha, including A. ludens, 
the Mexican fruit fly. High-temperature forced-air treatments developed 
by the Agricultural Research Service would serve as additional 
treatment alternatives against the Mexican fruit fly and other species 
of Anastrepha that may attack tangerines, oranges, and grapefruit grown 
in Mexico and the United States. Development of these proposed 
treatments was triggered, in part, by the expected loss of methyl 
bromide as a treatment and phytotoxicity of oranges to methyl bromide. 
(The U.S. Clean Air Act requires that any substance identified as ozone 
depleting, including methyl bromide, be withdrawn from production, 
importation, and use in the United States by the year 2000.)
    At present, tangerines, oranges, and grapefruit imported from 
Mexico can be treated for the Mexican fruit fly and other species of 
Anastrepha using several different methods. Cold treatment is 
acceptable for tangerines, oranges, and grapefruit. Vapor heat and 
methyl bromide treatments are acceptable for clementines (a variety of 
tangerine), oranges, and grapefruit. Grapefruit of a certain size may 
also be treated with a high-temperature forced-air treatment that is a 
different temperature and time combination than the procedure described 
in this proposed rule.
    Acceptable treatments for tangerines, oranges, and grapefruit 
produced in the regulated areas of the United States include cold 
treatment of the fruit, treatment of the soil in the groves, and bait-
spray treatment of the groves. Additionally, oranges and grapefruit may 
be treated with methyl bromide, and grapefruit may be treated with a 
different high-temperature forced-air treatment than the procedure 
described in this proposed rule.
    The provision of high-temperature forced-air treatments as 
described in this proposed rule as an alternative treatment for 
tangerines and oranges, and as an additional high-temperature forced-
air treatment alternative for grapefruit, would provide one more 
treatment method from which to choose.
    Mexico is the largest source of citrus imported into the United 
States. In 1996, the value of citrus imported from Mexico totaled about 
$38 million, representing approximately 40 percent of U.S. citrus 
imports. We do not anticipate any increase in the amount of tangerines, 
oranges, or grapefruit imported into the United States as a result of 
this proposed action.
    More than half of the citrus imported from Mexico is not treated at 
all because it is imported from Mexican municipalities free of fruit 
flies. Such was the case for about 52 percent of the citrus imported 
from Mexico in fiscal year (FY) 1995 and about 57 percent in FY 1996. 
Citrus may be exported to the United States from these fruit-fly-free 
municipalities with certification only. Shipments of tangerines, 
oranges, and grapefruit from other areas of Mexico are treated before 
they arrive at the U.S. border. In FY 1996, approximately 3,427 metric 
tons of tangerines and 88 metric tons of oranges from Mexico were 
fumigated with methyl bromide before being precleared for entry into 
the United States.
    The only areas of the United States currently infested with Mexican 
fruit fly are in Texas and California. The infested area in California 
is primarily urban and includes no commercial production. The regulated 
areas in Texas are found in a major citrus-growing region. In FY 1996, 
four of the five regulated production areas in Texas were found to be 
infested with the Mexican fruit fly, and 5,426,900 pounds of citrus 
(mostly grapefruit) were fumigated for shipment internationally or to 
citrus-growing areas of the United States. Most of the citrus was 
shipped to California. Again, in FY 1997, four of the five production 
areas were found infested, and the exported fruit was fumigated.
    There are eight fumigation companies treating citrus shipped from 
the regulated areas of Texas, and all are considered small businesses 
by U.S. Small Business Administration standards (annual revenue less 
than $5 million, averaged over 3 years). The approval of high-
temperature forced air as an alternative treatment could lead to a 
reduction in the income of these fumigation companies if the citrus 
growers were to find that using high-

[[Page 67763]]

temperature forced air is financially preferable to using fumigation. 
No facilities currently exist in Texas that are capable of performing 
high-temperature forced-air treatments. However, in recent meetings of 
growers in the regulated areas, the possibility of building and 
operating one or two high-temperature forced-air treatment facilities 
as cooperative ventures (in view of the sizable cost of such 
facilities) was discussed. The time required for realization of such a 
cooperative effort would provide the fumigation companies a period to 
adjust to any anticipated reduction in business. Moreover, unless 
special-use exemptions are attached to the Clean Air Act or another 
fumigation compound is approved to replace methyl bromide, the 
fumigating companies will soon no longer be able to fumigate regulated 
citrus anyway. When methyl bromide use is banned, any possible impacts 
on the incomes of these companies from the addition of high-temperature 
forced-air treatments as alternative treatment methods would become 
inconsequential.
    No significant economic impacts on any small entities, including 
citrus importers or producers or providers of alternative pest 
treatments for citrus, are expected due to the proposed addition of the 
high-temperature forced-air treatment methods described in this 
proposed rule. The number of importers of tangerines, oranges, and 
grapefruit from Mexico and the percentage that are small entities are 
not known, but most are probably not small (defined for fruit and 
vegetable wholesalers as having fewer than 100 employees). As described 
above, the eight potentially affected U.S. fumigation firms are small 
entities, but these firms would likely be affected by the proposed rule 
only if one or more high-temperature forced-air treatment facilities 
were to be constructed and become operational prior to the time the ban 
on methyl bromide becomes effective--at which time the economic effect 
of the proposed rule on the fumigation firms becomes irrelevant. Both 
large and small citrus producers in the regulated areas of the United 
States could benefit from the proposed rule if the proposed treatment 
were to prove less expensive than fumigation. Moreover, the proposed 
rule could be beneficial to these producers when methyl bromide use is 
banned because it provides another acceptable method for treating their 
citrus for export or shipment to restricted areas of the United States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this proposed 
action would not have a significant economic impact on a substantial 
number of small entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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 proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(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 301

    Agricultural commodities, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.
    Accordingly, 7 CFR parts 300 and 301 would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 would continue to read as 
follows:

    Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22, 
2.80, and 371.2(c).

    2. In Sec. 300.1, paragraph (a), the introductory text would be 
revised to read as follows:


Sec. 300.1  Materials incorporated by reference; availability.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted 
November 30, 1992, and includes all revisions through ______ 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 301--DOMESTIC QUARANTINE NOTICES

    3. The authority citation for part 301 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

    4. In Sec. 301.64-1, a new definition would be added in 
alphabetical order to read as follows:


Sec. 301.64-1  Definitions.

* * * * *
    PPQ Treatment Manual. The Plant Protection and Quarantine Treatment 
Manual, which is incorporated by reference at Sec. 300.1 of this 
chapter.
* * * * *
    5. Section 301.64-10 would be revised to read as follows:


Sec. 301.64-10  Treatments.

* * * * *
    (a) Apple, grapefruit, orange, pear, plum, pomegranate, quince, and 
tangerine. Cold treatment in accordance with the PPQ Treatment Manual.
    (b) Soil within the dripline of plants that are producing or have 
produced fruits listed in Sec. 301.64-2(a).
    Host fruits must be removed from host plants prior to treatment.
    Material: diazinon
    Dosage: Apply 5 lb a.i. per acre (0.12 lb or 2 oz avdp. per 1,000 
ft \2\).
    Method: Soil drench using ground equipment. Apply with 130 gal of 
water per acre (3 gal per 1,000 ft \2\) under hosts.
    Frequency/timing: Three applications at 14- to 16-day intervals as 
needed. Applications may be repeated if infestations become 
established.
    In addition to the above, diazinon must be applied in accordance 
with all label directions.
    (c) * * *
    (d) Grapefruit and oranges. Methyl bromide in accordance with the 
PPQ Treatment Manual.
    (e) Grapefruit, oranges (except navel oranges), and tangerines. 
High-temperature forced air in accordance with the PPQ Treatment 
Manual.

    Done in Washington, DC, this 18th day of December.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-33718 Filed 12-29-97; 8:45 am]
BILLING CODE 3410-34-P