Mediterranean Fruit Fly; Regulated Articles and Treatments

DEPARTMENT OF AGRICULTURE

7 CFR Part 301

[Docket No. 94-017-1]

Mediterranean Fruit Fly; Regulated Articles and Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Mediterranean fruit fly regulations by

adding two types of lemons to the list of regulated articles;

clarifying the requirement for cleaning and waxing for 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 are necessary to prevent

the spread of the Mediterranean fruit fly into noninfested areas of the

United States and to lessen restrictions that may cause an unnecessary

economic burden upon the public.

DATES: Interim rule effective May 12, 1994. Consideration will be given

only to comments received on or before July 18, 1994.

.ADDRESSES: Please send an original and three copies of your comments

to Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room

804, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.

Please state that your comments refer to Docket No. 94-017-1. 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 to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations

Officer, Domestic and Emergency Operations, Plant Protection and

Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest

Road, Hyattsville, MD 20782, (301) 436-8247.

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.

The Mediterranean fruit fly regulations (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.

Regulated Articles

Section 301.78-2 designates as regulated articles a number of

berries, fruits, nuts, and vegetables, and soil within the drip line of

plants that produce the berries, fruits, nuts, and vegetables. Based on

research and experience, the articles listed in Sec. 301.78-2(a) as

regulated articles are articles that are likely to cause the spread of

the Medfly.

Recent surveys conducted by the Animal and Plant Health Inspection

Service (APHIS) and State and county agencies have detected the

presence of the larvae of the Medfly in Meyer lemons and rough lemons.

Detection of the larvae of the Medfly in these lemons creates an

unacceptable risk that movement of these lemons could spread the Medfly

to noninfested areas of the United States. These lemons are primarily

backyard grown for noncommercial use. However, many backyard citrus

growers market these lemons at swapmeets and farmer's markets, which

may involve both intra- and interstate movement of these lemons.

Therefore, we are amending the list of regulated articles in

Sec. 301.78-2(a) by adding ``Lemon, Meyer (Citrus limon X reticulata)''

and ``Lemon, Rough (Citrus jambhiri).''

The regulations already listed lemon (Citrus limon) as a regulated

article. However, before the effective date of this interim rule, the

regulations provided an exception for smooth-skinned lemons of commerce

that are cleaned and waxed. The exception included cleaning and waxing

only to help readers understand the term ``of commerce.''

Recently, however, citrus growers have been required to treat the

smooth-skinned lemons before movement to a packing house. Our

inspectors have interpreted the exception described above to mean that

only lemons that have been cleaned and waxed prior to movement may move

without treatment. That was not our intent.

Our intent was to exempt from treatment smooth-skinned lemons

destined for commercial packing houses. Based upon our experience, we

had determined that 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. Therefore, we are also amending

the list of regulated articles in Sec. 301.78-2(a) by revising the

entry for lemon (Citrus limon) to accept smooth-skinned lemons

harvested for packing by a commercial packing house.

Treatments

Section 301.78-10 identifies treatments for the Medfly. Research

has determined that these treatments would be adequate to destroy the

Medfly.

The treatment schedules for premises in Sec. 301.78-10 require

application of malathion bait spray by ground equipment at a rate of

2.4 ounces of technical grade malathion and 9.6 ounces of protein

hydrolysate per acre. At the time these levels were determined,

research indicated 2.4 ounces of technical grade malathion was the

minimum amount for the necessary protection against the Medfly. Based

upon recent Medfly studies\1\ that we conducted, we have determined

that reducing the technical grade malathion rate by 50 percent will

provide the same efficacy as the original rate. Therefore, we are

amending the regulations to require a rate of 1.2 ounces of technical

grade malathion and 9.6 ounces of protein hydrolysate per acre for the

treatment of premises for the Medfly. This reduction will lessen

restrictions while providing adequate protection against the Medfly.

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\1\Copies may be obtained by writing to the individual listed

under FOR FURTHER INFORMATION CONTACT.

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Additionally, we are amending Sec. 301.78-10 to remove the

requirement that the bait spray treatment be applied by ground

equipment. There are other acceptable means of application.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. Immediate action is

necessary to prevent the Medfly from spreading into noninfested areas

of the United States and to lessen restrictions that may cause an

unnecessary economic burden upon the public.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon signature. We will consider comments that are received

within 60 days of publication of this rule in the Federal Register.

After the comment period closes, we will publish another document in

the Federal Register. It will include a discussion of any comments we

receive and any amendments we are making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory Flexibility Act

This interim rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

This interim rule adds two types of lemons to the list of regulated

articles, clarifies the requirement for cleaning and waxing for lemon

(Citrus limon) in the list of regulated articles, and reduces the rate

of technical grade malathion required for treating premises for the

Mediterranean fruit fly. The rule change affects the interstate

movement of these newly regulated articles from the quarantined areas

in California. Citrus growers, produce growers, and others who process

regulated articles for movement are required to treat and certify their

regulated articles before moving them interstate.

There are about 213 small entities within the regulated area that

could be affected, including haulers, packers, processors, and growers.

These small entities comprise less than 1 percent of the total number

of similar small entities operating in the State of California.

The impact to the few small entities that move regulated articles

interstate from parts of the quarantined areas will be minimized by the

availability of various treatments that, in most cases, will allow

these small entities to move regulated articles interstate with very

little additional cost. Also, many of these entities sell other items

in addition to the regulated articles so that the effect, if any, of

this interim rule on these entities should be minimal. Furthermore, the

number of affected entities is small compared with the thousands of

small entities that move these articles interstate from nonquarantined

areas in California and other States.

Those small entities that currently treat their premises with

malathion bait spray will experience a decline, albeit small, in their

treatment costs due to the reduction in the rate of technical grade

malathion that must be applied from 2.4 ounces per acre to 1.2 ounces

per acre. The economic effect of this change on small entities will be

minimal.

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 12778

This rule has been reviewed under Executive Order 12778, 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.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

have been prepared for the Medfly eradication program. The assessment

provides a basis for the conclusion that implementation of integrated

pest management to achieve eradication of the Medfly would not have a

significant impact on human health and the natural environment.

The environmental assessment and finding of no significant impact

were prepared in accordance with:

(1) The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.

4321 et seq.);

(2) Regulations of the Council on Environmental Quality for

Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500-

1508);

(3) USDA Regulations Implementing NEPA (7 CFR part 1b); and

(4) APHIS Guidelines Implementing NEPA (44 FR 50381-50384, August

28, 1979, and 44 FR 51272-51274, August 31, 1979).

Copies of the environmental assessment and finding of no

significant impact are available for public inspection 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. In addition, copies may be obtained by writing to the

individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

The information collection or recordkeeping requirements contained

in Secs. 301.78 through 301.78-10 have been approved by the Office of

Management and Budget (OMB) under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.) under OMB control number 0579-0088.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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. 301.78-2 [Amended]

2. In Sec. 301.78-2, paragraph (a) is amended as follows:

a. By adding, in alphabetical order, ``Lemon, Meyer (Citrus limon X

reticulata)'' and ``Lemon, Rough (Citrus jambhiri)''.

b. By revising the entry for ``Lemon (Citrus limon)'' to read

``Lemon (Citrus limon) except smooth-skinned lemons harvested for

packing by commercial packing houses''.

Sec. 301.78-10 [Amended]

3. Section 301.78-10 is amended as follows:

a. In paragraph (c), the last sentence, by removing the words ``by

ground equipment'', and by removing ``2.4'' and adding ``1.2'' in its

place.

b. At the end of the section, by adding ``(Approved by the Office

of Management and Budget under control number 0579-0088)''.

Done in Washington, DC, this 12th day of May 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-12002 Filed 5-17-94; 8:45 am]

BILLING CODE 3410-34-P