[Federal Register Volume 65, Number 176 (Monday, September 11, 2000)]
[Rules and Regulations]
[Pages 54741-54742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23227]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 176 / Monday, September 11, 2000 / 
Rules and Regulations  

[[Page 54741]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-18]


Mediterranean Fruit Fly; Quarantined Areas, Regulated Articles, 
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 minor, nonsubstantive 
changes, interim rules that amended the Mediterranean fruit fly 
regulations. In a series of interim rules published in the Federal 
Register between June 1997 and October 1998, we amended the 
Mediterranean fruit fly regulations by establishing and removing 
quarantined areas in the State of Florida. Two of the interim rules 
also added a regulated article; added the use of irradiation as a 
treatment for berries, fruits, nuts, and vegetables that are regulated 
articles; and added a definition for core area. These actions were 
necessary on an emergency basis to prevent the spread of the 
Mediterranean fruit fly into noninfested areas of the continental 
United States, and to provide an additional option for qualifying 
regulated articles for movement from quarantined areas.

EFFECTIVE DATE: September 11, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations 
Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8247.

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. 
Regulations to prevent the interstate spread of the Medfly from 
infested areas of the United States are contained in 7 CFR 301.78 
through 301.78-10, referred to below as the regulations.
    In an interim rule effective June 16, 1997, and published in the 
Federal Register on June 20, 1997 (62 FR 33537-33539, Docket No. 97-
056-2), we quarantined Hillsborough County, FL, because of an 
infestation of the Medfly. Subsequently, we published a series of 
interim rules that added to or removed from the list of quarantined 
areas certain portions of Dade, Highlands, Hillsborough, Lake, Manatee, 
Marion, Orange, Polk, and Sarasota Counties, FL; added eggplant, other 
than commercially produced eggplant, to the list of regulated articles; 
provided for the use of irradiation as a treatment for berries, fruits, 
nuts, and vegetables; and added a definition for core area. These 
interim rules were made effective on July 3, 1997 (62 FR 36976-36978, 
Docket No. 97-056-3), August 7, 1997 (62 FR 43269-43272, Docket No. 97-
056-4), September 4, 1997 (62 FR 47553-47558, Docket No. 97-056-5), 
October 15, 1997 (62 FR 54571-54572, Docket No. 97-056-7), November 14, 
1997 (62 FR 61897-61898, Docket No. 97-056-8), April 17, 1998 (63 FR 
19797-19798, Docket No. 97-056-9 and 63 FR 20053-20054, Docket No. 98-
046-1), May 5, 1998 (63 FR 25748-25750, Docket No.97-056-11), May 13, 
1998 (63 FR 27439-27440, Docket No. 97-056-12), June 5, 1998 (63 FR 
31887-31888, Docket No. 97-056-13), August 7, 1998 (63 FR 43287-43289, 
Docket No. 97-056-14), August 13, 1998 (63 FR 44538-44539, Docket No. 
97-056-15), August 24, 1998 (63 FR 45392-45393, Docket No. 97-056-16), 
and October 2, 1998 (63 FR 54037-54038, Docket No. 97-056-17).
    Comments on these interim rules were required to be received on or 
before 60 days after the date of publication in the Federal Register. 
We received comments on only one of the interim rules.
    In that interim rule, which was effective September 4, 1997, and 
published in the Federal Register on September 10, 1997 (62 FR 47553-
47558, Docket No. 97-056-5), we amended the regulations by, among other 
things, providing for the use of irradiation as a treatment for 
berries, fruits, nuts, and vegetables that are regulated articles. This 
change provided an additional option for qualifying those regulated 
articles for interstate movement from quarantined areas.
    We received three comments on this rule. They were from government 
agencies and an association. They are discussed below.
    Two of the commenters said that in Sec. 301.78-10(c)(5)(ii) we 
should use the term ``dosimetry system'' rather than the word 
``dosimeter'' in explaining how an absorbed dose should be measured 
when using irradiation treatment on berries, fruits, nuts, and 
vegetables. We agree with the commenters. It is the system that is used 
for the measurement of irradiation; the dosimeter is only a part of the 
dosimetry system. We are making this change in this final rule.
    One commenter suggested that we reword our reference in 
Sec. 301.78-10(c)(5)(iii) to American Society for Testing and Materials 
(ASTM) standards. The interim rule stated that the number and placement 
of dosimeters used must be in accordance with ASTM standards. This 
statement is correct, but it suggests that other important aspects of 
the dosimeter, such as calibration, do not need to follow these 
standards. We are correcting that language in this final rule.
    Another commenter pointed out an incorrect address. In Sec. 301.78-
10, footnote 10, we stated that if there is a question as to the 
adequacy of the construction of a carton for shipping fruits and 
vegetables, requests for approval of the carton, along with a sample of 
the carton, could be sent to the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Phytosanitary Issues 
Management Team, 4700 River Road Unit 140, Riverdale, Maryland 20737-
1236. This address is incorrect. Requests should be sent to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Oxford Plant Protection Center, 901 Hillsboro Street, Oxford, NC 27565. 
We are correcting the address in this final rule.

[[Page 54742]]

    Therefore, for the reasons given in the interim rules and in this 
document, we are adopting the interim rules as final, with the changes 
discussed in this document.
    This final rule also affirms the information contained in the 
interim rules concerning Executive Order 12866 and the Regulatory 
Flexibility Act, Executive Orders 12372 and 12988, 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.
    Effective Date: Pursuant to the administrative procedure provisions 
in 5 U.S.C. 553, we find good cause for making this rule effective less 
than 30 days after publication in the Federal Register. This rule makes 
minor, nonsubstantive changes to the regulations. They are necessary to 
clarify requirements concerning the use of irradiation treatment on 
berries, fruits, nuts, and vegetables that are regulated because of the 
Medfly and to correct an address. 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.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.


    Accordingly, the interim rules amending 7 CFR part 301 that were 
published at 62 FR 33537-33539 on June 20, 1997; 62 FR 36976-36978 on 
July 10, 1997; 62 FR 43269-43272 on August 13, 1997; 62 FR 47553-47558 
on September 10, 1997; 62 FR 54571-54572 on October 21, 1997; 62 FR 
61897-61898 on November 20, 1997; 63 FR 19797-19798 on April 22, 1998; 
63 FR 20053-20054 on April 23, 1998; 63 FR 25748-25750 on May 11, 1998; 
63 FR 27439-27440 on May 19, 1998; 63 FR 31887-31888 on June 11, 1998; 
63 FR 43287-43289 on August 13, 1998; 63 FR 44538-44539 on August 20, 
1998; 63 FR 45392-45393 on August 26, 1998; and 63 FR 54037-54038 on 
October 8, 1998, are adopted as final with the following changes:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.


    2. Section 301.78-10 is amended as follows:
    a. In paragraph (c)(3)(i), by revising footnote 10 to read `` \10\ 
If there is a question as to the adequacy of a carton, send a request 
for approval of the carton, together with a sample carton, to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Oxford Plant Protection Center, 901 Hillsboro Street, 
Oxford, NC 27565.''
    b. By revising paragraphs (c)(5)(ii) and (c)(5)(iii).


Sec. 301.78-10  Treatments.

* * * * *
    (c) *  *  *
    (5)  *  *  *
    (ii) Absorbed dose must be measured using a dosimetry system that 
can accurately measure an adsorbed dose of 225 Gray (22.5 krad).
    (iii) The utilization of the dosimetry system, including its 
calibration and the number and placement of dosimeters used, must be in 
accordance with the American Society for Testing and Materials (ASTM) 
standards.\12\
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    \12\ Designation E 1261, ``Standard Guide for Selection and 
Calibration of Dosimetry Systems for Radiation Processing,'' 
American Society for Testing and Materials, Annual Book of ASTM 
Standards.
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* * * * *

    Done in Washington, DC, this 5th day of September 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-23227 Filed 9-8-00; 8:45 am]
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