[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Proposed Rules]
[Pages 69-71]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33049]


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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. 68, No. 1 / Thursday, January 2, 2003 / 
Proposed Rules  

[[Page 69]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 300

[Docket No. 02-026-3]


Hot Water Dip Treatment for Mangoes

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We propose to amend the Plant Protection and Quarantine 
Treatment Manual, which is incorporated by reference into the Code of 
Federal Regulations, by amending the hot water dip treatment schedule 
for rounded varieties of mangoes imported into the United States from 
Mexico or Central America to provide for the treatment of mangoes 
weighing between 701 and 900 grams. Currently, that hot water dip 
treatment schedule provides only for the treatment of mangoes weighing 
up to 700 grams. This action would allow larger, rounded varieties of 
mangoes from Mexico or Central America to be imported into the United 
States. We also propose to make other changes to the treatment, 
including the extension of the treatment time if the mangoes are to be 
hydrocooled within 30 minutes of the treatment.

DATES: We will consider all comments that we receive on or before 
February 18, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-026-3, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-026-3. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-026-3'' on the subject line.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit 
140, Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    To prevent the introduction of plant pests into the United States, 
the Animal and Plant Health Inspection Service (APHIS) restricts the 
importation of many articles, including fruits. As a condition of 
importation, some fruits are required to be treated for plant pests, in 
accordance with our regulations in ``Subpart--Fruits and Vegetables'' 
(7 CFR 319.56 through 319.56-8, referred to below as the regulations). 
The Plant Protection and Quarantine (PPQ) Treatment Manual contains 
approved treatment schedules and is incorporated by reference into the 
regulations in 7 CFR 300.1.
    The regulations in Sec.  319.56-2i provide, in part, that mangoes 
may be imported into the United States from Central America, South 
America, and the West Indies if they are treated in accordance with the 
PPQ Treatment Manual. Similarly, mangoes from Mexico are listed in 
Sec.  319.56-2x as being eligible for importation if treated in 
accordance with the PPQ Treatment Manual; if they are grown in a fruit-
fly-free area listed in Sec.  319.56-2(h), they do not need to be 
treated. Treatment is required to address the risks presented by the 
Mediterranean fruit fly (Medfly, Ceratitis capitata) and fruit flies of 
the genus Anastrepha, including the Mexican fruit fly (A. ludens).
    The PPQ Treatment Manual currently provides a hot water dip 
treatment (treatment schedule T102-a) for mangoes from Mexico or 
Central America weighing up to 700 grams. Treatment schedule T102-a 
currently specifies that:
    1. The mangoes must be treated in the country of origin at a 
certified facility under the monitoring of APHIS personnel.
    2. Pulp temperature must be 70 [deg]F or above before starting the 
treatment.
    3. Fruit must be submerged at least 4 inches below the water's 
surface.
    4. Water must circulate constantly and be kept at 115 [deg]F 
throughout the treatment with the following tolerances:
    [sbull] During the first 5 minutes of a treatment, temperatures 
below 113.7 [deg]F are allowed if the temperature is at least 115[deg]F 
at the end of the 5-minute period.
    [sbull] For treatments lasting 65-75 minutes, temperatures may fall 
as low as 113.7 [deg]F for no more than 10 minutes under emergency 
conditions.
    [sbull] For treatments lasting 90 minutes, temperatures may fall as 
low as 113.7 [deg]F for no more than 15 minutes under emergency 
conditions.
    5. The duration of the hot water dip treatment is determined based 
on the origin, shape, and weight of the mangoes. For mangoes from 
Mexico or Central America, treatment schedule T102-a provides the 
following dip times:

[[Page 70]]



------------------------------------------------------------------------
                                            Weight (in     Dip time (in
             Shape of mango                   grams)         minutes)
------------------------------------------------------------------------
Flat, elongated varieties (such as             Up to 375              65
 Frances, Carrot, Zill, Ataulfo,                 375-570              75
 Carabao, Irwin, and Manila)............
Rounded varieties (such as Tommy Atkins,       Up to 500              75
 Kent, Hayden, and Keitt)...............         500-700              90
------------------------------------------------------------------------

    As indicated in the table, the upper weight limit for rounded 
varieties of mangoes offered for treatment is 700 grams. In order to 
provide exporters in Mexico and Central America with the ability to 
ship rounded varieties of mangoes weighing more than 700 grams to the 
United States, we are proposing to amend treatment schedule T102-a to 
provide for its use on mangoes weighing between 701 and 900 grams. 
Specifically, for rounded varieties of mangoes from Mexico and Central 
America, we would provide a dip time of 110 minutes for fruit weighing 
between 701 and 900 grams. We would also amend the tolerance for the 
90-minute treatment, as described in item 4 above, to include the 
proposed 110-minute treatment so that for treatments lasting 90 to 110 
minutes, temperatures may fall as low as 113.7 [deg]F for no more than 
15 minutes under emergency conditions.
    Research conducted by the Department's Agricultural Research 
Service (ARS) has shown that the hot water dip treatment administered 
at 115 [deg]F for 110 minutes to mangoes weighing 701-900 grams will 
kill the larvae of Medfly, Anastrepha obliqua, and A. ludens.
    We are also proposing other changes to the treatment schedule based 
on an ARS report completed in February 2001 that states that 
hydrocooling immediately after hot water dip treatment compromises 
treatment efficacy. The report indicates that treatment efficacy can be 
maintained by requiring cooling of fruits in air for 30 minutes after 
the completion of the treatment, after which the fruit could be 
hydrocooled. Therefore, we propose to amend the treatment schedule by 
adding a note that the dip times of 65, 75, 90, and 110 minutes are 
valid if the fruit is not hydrocooled or is hydrocooled no sooner than 
30 minutes after the completion of the hot water dip treatment. When 
hydrocooling is to be used within 30 minutes of treatment, an 
additional 10 minutes would have to be added to the treatment time. We 
would amend the treatment schedule to state that hydrocooling is 
optional and may be done for any length of time and that the 
temperature of the water used in hydrocooling cannot be less than 70 
[deg]F in order to minimize the risk of fruit fly survival. A copy of 
the ARS research data and report on which these proposed changes are 
based may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT.
    We would also amend the treatment schedule by adding provisions 
that mangoes must be pre-sorted by weight class and that treatment of 
mixed loads is not allowed. These proposed changes would clarify how 
the treatment is conducted. Finally, where the treatment schedule now 
states that water must circulate constantly and be kept at 115 [deg]F 
throughout the treatment, we would state that the water temperature 
must be kept at 115 [deg]F or above throughout the treatment. Adding 
``or above'' would clarify that increases in temperature could occur in 
the normal course of the treatment without reducing its effectiveness.
    In addition to amending treatment schedule T102-a in the PPQ 
Treatment Manual, we would also amend 7 CFR part 300 to update the PPQ 
Treatment Manual's incorporation by reference in 7 CFR 300.1 to reflect 
the date of the amended treatment's inclusion in the manual.

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 under Executive Order 12866.
    We are proposing to amend the PPQ Treatment Manual, which is 
incorporated by reference at 7 CFR 300.1, to allow mangoes from Mexico 
or Central America weighing from 701-900 grams to be treated for Medfly 
and fruit flies of the genus Anastrepha with a hot water dip. 
Currently, the PPQ Treatment manual contains a hot water dip treatment 
for mangoes from Mexico or Central America that weigh up to 700 grams.
    According to data from the Food and Agriculture Organization of the 
United Nations, the U.S. production of mangoes is supplemented with 
mango imports in order to satisfy the domestic demand, and that demand 
appears to be increasing:

       Production, Import, and Export Data for Mangoes From the United States, Mexico, and Central America
                                                [In metric tons]
----------------------------------------------------------------------------------------------------------------
                    Country and activity                          1997         1998         1999         2000
----------------------------------------------------------------------------------------------------------------
U.S. production.............................................        2,720        2,720        2,720        3,000
U.S. exports................................................            0            0            0            0
U.S. imports................................................      186,520      197,393      219,144      235,080
Mexico production...........................................    1,500,317    1,473,852    1,508,468    1,559,351
Mexico exports..............................................      187,127      209,426      204,002      206,782
Mexico imports..............................................           60           28          167        1,007
Central America production..................................    1,712,251    1,686,828    1,728,457    1,787,151
Central America exports.....................................      204,177      225,406      220,595      228,653
Central America imports.....................................          727          801        1,034        2,424
----------------------------------------------------------------------------------------------------------------

    As shown in the table, U.S. mango imports are far greater than 
domestic production. U.S. production of mangoes has primarily been in 
southern Florida, with a smaller quantity grown in Hawaii and a 
negligible amount produced in California. According to the 1997 Census 
of Agriculture, there were 218 mango farms in Florida, 171 in Hawaii, 
and 2 in California. Florida accounted for about 97 percent of domestic 
production in that census year, while

[[Page 71]]

Hawaii accounted for about 3 percent of production. There are no U.S. 
mango exports.
    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities. Whether affected 
entities may be considered small in this case depends on their annual 
gross receipts. Annual receipts of $750,000 or less is the small entity 
criterion set by the Small Business Administration for establishments 
primarily engaged in ``other noncitrus fruit farming'' (NAICS code 
111339). As noted previously, Florida accounted for about 97 percent of 
mango production in 1997, thus mango producers in that State are the 
entities most likely to be affected by this proposed rule. Most, if not 
all, mango producers in Florida are small entities. According to 
information provided by the University of Florida's Institute of Food 
and Agricultural Sciences (IFAS), about 10 to 15 growers manage the 
bulk of the producing mango acreage in Florida. According to IFAS, 
about 25 percent of Florida growers produce mangoes alone, while the 
remaining 75 percent are diversified operations growing other tropical 
fruits in addition to mangoes. Florida growers occupy niche markets in 
the State by providing green fruit for processing into chutney and 
other products and by providing fresh, untreated, tree-ripened fruit 
for consumption. The availability of larger mangoes from Mexico and 
Central America in the larger U.S. market is expected to have little to 
no impact on Florida producers who occupy those niche markets, as 
producers in Mexico and Central America are not expected to be shipping 
green fruit for processing and would be unable to provide untreated, 
tree-ripened fruit to U.S. markets.
    The availability of a treatment for larger mangoes of the rounded 
varieties is not expected to significantly affect U.S. mango producers, 
as the amount of those larger mangoes likely to be imported from Mexico 
and Central America would represent a fraction of current import 
levels. Moreover, much of Florida's harvest (the source of about 97 
percent of domestic production in 1997) is consumed within that State 
or is processed into chutney and other products; these markets are 
unlikely to be affected by the availability of larger mangoes from 
Mexico and Central America. Therefore, we do not expect that the 
economic effects of this proposed rule on U.S. entities, large or 
small, would be significant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this 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 rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

    Accordingly, 7 CFR part 300 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. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec.  300.1, paragraph (a) would be amended as follows:
    a. In paragraph (a)(4), by removing the word ``and''.
    b. In paragraph (a)(5), by removing the period and adding the word 
``; and'' in its place.
    c. By adding a new paragraph (a)(6) to read as follows:


Sec.  300.1  Plant Protection and Quarantine Treatment Manual.

    (a) * * *
    (6) Treatment T102-a, dated --------.
* * * * *

    Done in Washington, DC, this 23rd day of December 2002.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-33049 Filed 12-31-02; 8:45 am]
BILLING CODE 3410-34-P