[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37663-37665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17613]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 133 / Tuesday, July 13, 1999 / Rules 
and Regulations  

[[Page 37663]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 301

[Docket No. 96-069-3]


High-Temperature Forced-Air Treatments for Citrus

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the Plant Protection and Quarantine Treatment 
Manual, which is incorporated by reference into the Code of Federal 
Regulations, to allow navel oranges 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, to be treated with a 
high-temperature forced-air process currently approved for tangerines, 
oranges other than navel oranges, and grapefruit from these areas. This 
action provides an additional option for treating navel oranges from 
these areas.

DATES: This rule will be effective on September 13, 1999 unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before August 12, 1999. The incorporation by 
reference of the material listed in the rule is approved by the 
Director of the Federal Register as of September 13, 1999.

ADDRESSES: Please send an original and three copies of any adverse 
comments or notice of intent to submit adverse comments to: Docket No. 
96-069-3, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 96-069-3.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Grosser, Senior Import 
Specialist, 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 title 7 of 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. In addition, USDA 
regulates the interstate movement of certain articles from areas of the 
United States where outbreaks of the Mexican fruit fly have occurred 
(currently, parts of Texas and California). The pertinent regulations 
are at 7 CFR 301.64 through 301.64-10; acceptable treatments for the 
regulated articles are listed in 301.64-10.
    On December 30, 1997, we published in the Federal Register (62 FR 
67761 67763, Docket No. 96-069-1) a proposed rule to, among other 
things, amend the PPQ Treatment Manual to include high-temperature 
forced-air treatments for tangerines, oranges (except navel oranges), 
and grapefruit from Mexico and areas of the United States affected with 
pests in the genus Anastrepha, which includes A. ludens, the Mexican 
fruit fly. We also proposed to amend 7 CFR 300.1 to show that the PPQ 
Treatment Manual had been so changed and to amend 301.64-10(e) of the 
Mexican fruit fly regulations to indicate that grapefruit, oranges 
(except navel oranges), and tangerines from areas of the United States 
infested with the Mexican fruit fly may be treated with high-
temperature forced air in accordance with the PPQ Treatment Manual. The 
high-temperature forced-air treatments we proposed were developed by 
the USDA's Agricultural Research Service (ARS) in conjunction with 
APHIS PPQ Methods Development.
    We solicited comments for 60 days ending March 2, 1998. We received 
28 comments by that date. They were from Mexican citrus producers, USDA 
employees, a State government, and a citrus industry association. The 
commenters generally supported the adoption of the proposed high-
temperature forced-air treatments. However, some of the commenters 
suggested changes or clarifications to the proposed treatments. A 
comment provided by the ARS researchers who did the research upon which 
the proposed high-temperature forced-air treatments were based 
suggested the inclusion of a high-temperature forced-air treatment for 
navel oranges. The ARS commenters stated that research proving the 
quarantine security of the treatment for navel oranges was performed 
shortly after the completion of the research on the treatments for 
oranges other than navel oranges, tangerines, and grapefruit.
    After carefully considering the comments, we published a final rule 
in the Federal Register on December 10, 1998 (63 FR 68161-68165, Docket 
No. 96-069-2), that, among other things, amended the PPQ Treatment 
Manual to include a single high-temperature forced-air treatment 
(described below) for tangerines, oranges (except navel oranges), and 
grapefruit from Mexico and areas of the United States affected with 
pests in the genus Anastrepha. We

[[Page 37664]]

also amended 7 CFR 300.1 to show that the PPQ Treatment Manual had been 
so changed and 301.64-10(e) of the Mexican fruit fly regulations to 
indicate that high-temperature forced air in accordance with the PPQ 
Treatment Manual can be used to treat grapefruit, oranges (except navel 
oranges), and tangerines for movement from areas of the United States 
infested with the Mexican fruit fly.
    In the preamble to the final rule, we stated that we had reviewed 
the completed data provided by ARS concerning the inclusion of a high-
temperature forced-air treatment for navel oranges and had determined 
that the treatment would be effective for navel oranges as well. We 
also indicated that we would soon publish in the Federal Register a 
direct final rule to allow the use of the treatment on navel oranges. 
We did not include the treatment for navel oranges in the final rule 
because the proposed rule had not addressed navel oranges.
    Therefore, we are now amending the PPQ Treatment Manual to add 
navel oranges to the list of fruits that may be treated with high-
temperature forced air for pests in the genus Anastrepha. We are also 
amending 7 CFR 300.1 to show that the PPQ Treatment Manual has been so 
revised. We are also amending 301.64-10(e) to remove the exception for 
navel oranges so that all types of oranges from areas of the United 
States quarantined under the Mexican fruit fly regulations may be 
treated with high-temperature forced air as specified in the PPQ 
Treatment Manual. The high-temperature forced-air treatment that will 
be authorized is described below.

Treatment Procedure

    The treatment must be administered in sealed, insulated chambers; 
the air may be heated in the chambers, or hot air may be introduced 
into the chambers. The number of temperature probes must be approved in 
advance during the chamber certification procedure.
    Place the temperature probes into the centers of the largest fruit 
in the load. Place the fruit inside the chamber, seal it, and begin the 
treatment.
    The target temperature is 44  deg.C (111.2  deg.F). Throughout the 
treatment, record the fruit center temperatures at least once every 2 
minutes. If it takes less than 90 minutes for the fruit to reach the 
target temperature, the fruit must remain at the target temperature for 
any additional time needed to reach 90 minutes, plus another 100 
minutes. If the fruit takes 90 minutes or more to reach the target 
temperature, the fruit must remain at the target temperature for an 
additional 100 minutes only.
    Hydrocooling after treatment is optional.
    The treatment is for fruit of the following sizes:

----------------------------------------------------------------------------------------------------------------
                                Standard pack  Container size                                 Maximum diameter
        Fruit variety             count \1\         (bu)            Maximum weight (g)              (in)
----------------------------------------------------------------------------------------------------------------
Tangerines...................             120           \4/5\  245 (8.6 oz)...............  Not specified.
Navel oranges................             100          1\2/5\  450 (15.9 oz)..............  3\13/16\.
Oranges (other than navel)...             100          1\2/5\  468 (16.4 oz)..............  3\13/16\.
Grapefruit...................              70          1\2/5\  536 (18.8 oz)..............  4\5/16\.
----------------------------------------------------------------------------------------------------------------
\1\ Standard pack count is an index based on the approximate number of fruit of uniform diameter that fit into a
  bushel container of the size indicated.

Examples of Treatment Administration

    1. If the center temperature of fruit located in the coolest 
location inside a forced-air chamber required 112 minutes to reach 44 
deg.C, then the total treatment time for the fruit load would be 212 
minutes (112 minutes approach time to target temperature + 100 minutes 
treatment time at target temperature).
    2. If the center temperature of fruit located in the coolest 
location inside a forced-air chamber required 80 minutes to reach 44 
deg.C, then the total treatment time for the fruit load would be 190 
minutes (80 minutes approach time to target temperature + 10 additional 
minutes so that approach time is the required 90 minutes in duration + 
100 minutes treatment time at target temperature).

    Note: Tolerance data may be obtained from the USDA-ARS 
Subtropical Research Center, Crop Quality & Fruit Insects, 2301 S. 
International Blvd., Weslaco, TX 78596, or the USDA-APHIS-PPQ Oxford 
Plant Protection Center, 901 Hillsboro Street, Oxford, NC 27565.

Dates

    We are publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comment. This rule will be effective, as published in this document, 60 
days after the date of publication in the Federal Register unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments within 30 days of the date of publication of this rule 
in the Federal Register.
    Adverse comments are comments that suggest the rule should not be 
adopted or that suggest the rule should be changed.
    If we receive written adverse comments or written notice of intent 
to submit adverse comments, we will publish a notice in the Federal 
Register withdrawing this rule before the effective date. We will then 
publish a proposed rule for public comment. Following the close of that 
comment period, the comments will be considered, and a final rule 
addressing the comments will be published.
    As discussed above, if we receive no written adverse comments nor 
written notice of intent to submit adverse comments within 30 days of 
publication of this direct final rule, this direct final rule will 
become effective 60 days following its publication. We will publish a 
document to this effect in the Federal Register, before the effective 
date of this direct final rule, confirming that it is effective on the 
date indicated in this document.

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 rule, which allows the use of a process involving high-
temperature forced air for treating navel oranges from areas of Mexico 
and the United States infested with plant pests of the genus Anastrepha 
(which includes A. ludens, the Mexican fruit fly), could affect 
producers and treatment administrators in areas in Texas and California 
regulated for the Mexican fruit fly and U.S. importers of citrus from 
Mexico.
    The effect of this rule in California should be almost nonexistent 
as avocados are the major crop in the area in California where an 
outbreak of the Mexican fruit fly has occurred.
    Regulated areas in Texas comprise a major citrus-growing region of 
the

[[Page 37665]]

United States. Four of the five regulated production areas in Texas 
were infested with Mexican fruit flies in fiscal year (FY) 1996 and FY 
1997. In treating fruit for export and for shipment to other U.S. 
citrus-growing areas, producers generally use methyl bromide 
fumigation, although other options are available. More than 90 percent 
of the fruit treated are grapefruit; the rest are oranges. In FY 1996, 
5.4 million pounds of citrus from regulated areas of Texas were 
fumigated, and this amount increased to 19.2 million pounds in FY 1997. 
Ninety percent of the treated fruit is shipped to California, and 10 
percent, to Mexico.
    Eight fumigation companies treat citrus shipped from the regulated 
areas of Texas. The fumigation facilities are located in the packing 
sheds of major packing houses. Some are private companies; others 
operate as cooperatives. All of the fumigation companies can be 
considered small entities by Small Business Administration standards 
(annual revenue less than $5 million, averaged over 3 years).
    The use of high-temperature forced air as an alternative treatment 
for navel oranges could lead to a slight reduction in revenue for the 
fumigation companies, if the new treatment is found by the growers to 
be financially preferable. At growers' meetings in the area, the 
possibility of building and operating one or two high-temperature 
forced-air treatment facilities as cooperative ventures has been 
discussed. However, the consensus has been that more information is 
needed before the sizable expenditures such facilities would require 
are made. Producers remain concerned about the speed with which the 
fruit could be treated and the risk of fruit being damaged by the high 
temperatures. Producers are unlikely to replace fumigation with the 
proposed high-temperature forced-air process until these issues are 
resolved to their satisfaction.
    Mexico is a major supplier of oranges to the United States, 
providing one-third or more of all oranges imported. Mexico exported 
7,633 metric tons of oranges (worth about $3.7 million) to the United 
States in 1996; 10,461 metric tons of oranges ($4.9 million) in 1997; 
and 9,103 metric tons of oranges ($4.2 million) in 1998. Navel oranges 
represent approximately 25 percent of the oranges imported from Mexico.
    Importations of citrus that originate in certain areas of the State 
of Sonora, Mexico, considered to be free of the Mexican fruit fly 
require certification only. Oranges are the only fruit exported to the 
United States from these areas.
    Citrus imports from the rest of Mexico must be treated for 
Anastrepha species. Methyl bromide fumigation has been and continues to 
be an acceptable treatment, and, as of December 10, 1998, high-
temperature forced-air has been acceptable for use on tangerines, 
oranges other than navel oranges, and grapefruit. A facility capable of 
treating citrus with high-temperature forced air has been built in 
Mexico; however, it is not yet in operation. The Mexico Citrus 
Exporters Association estimates that use of the new facility could lead 
to annual exports to the United States of an additional 453 metric tons 
(1 million pounds) of navel oranges. To put this estimate in 
perspective, this amount is 4.9 percent of the total Mexican orange 
imports into the United States in 1998.
    Citrus producers in the regulated areas in Texas are expected to 
monitor the experiences of Mexican producers with the new treatment and 
reassess its future adoption. Effects of this rule on fumigation 
companies in the regulated areas of Texas (and on any fumigation 
companies that may serve producers in the regulated areas in 
California) are expected to be negligible to nonexistent. The proposed 
treatment will provide another alternative for producers and fumigation 
companies.
    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 12988

    This rule has been reviewed under Executive Order 12988, 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 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, we are amending 7 CFR parts 300 and 301 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, and 167; 7 CFR 2.22, 
2.80, and 371.2(c).

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


Sec. 300.1  Materials incorporated by reference.

    (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 June 1999 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 continues 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).


Sec. 301.64-10  [Amended]

    4. In 301.64-10, paragraph (e), the words ``(except navel 
oranges)'' are removed.

    Done in Washington, DC, this 6th day of July 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-17613 Filed 7-12-99; 8:45 am]
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