Mexican Fruit Fly; Treatments for Regulated Articles

DEPARTMENT OF AGRICULTURE

7 CFR Part 301

[Docket No. 94-030-2]

Mexican Fruit Fly; Treatments for Regulated Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Mexican fruit fly regulations by adding a

high-temperature forced air treatment for grapefruit. This action will

provide an alternative treatment for grapefruit that require treatment

to be moved interstate from regulated areas in Texas and California.

Adding this treatment will facilitate the interstate movement of

grapefruit grown in regulated areas.

EFFECTIVE DATE: September 26, 1994.

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 Mexican fruit fly, Anastrepha ludens (Loew), is a destructive

pest of citrus and other types of fruit. The short life cycle of the

Mexican fruit fly allows rapid development of serious outbreaks that

can cause severe economic losses in commercial citrus-producing areas.

In order to prevent the artificial spread of the Mexican fruit fly

to noninfested areas, the regulations in 7 CFR 301.64 through 301.64-10

(referred to below as the regulations) restrict the interstate movement

of regulated articles from regulated areas in quarantined States.

Quarantined States are listed in Sec. 301.64(a), regulated articles are

listed in Sec. 301.64-2, and regulated areas are listed in Sec. 301.64-

3(c).

Regulated articles are most often certified for interstate movement

after an inspector has determined that the regulated article is free

from the Mexican fruit fly, or that the premises of origin is free from

the Mexican fruit fly and the regulated article has not been exposed to

the pest. There are cases, however, where a regulated article or its

premises of origin cannot be determined to be free from the Mexican

fruit fly. In such cases, a certificate will be issued if the regulated

article is treated in accordance with Sec. 301.64-10, or a limited

permit may be obtained to move the regulated article interstate to

receive one of the treatments specified in Sec. 301.64-10.

On June 20, 1994, we published in the Federal Register (59 FR

31561-31562, Docket No. 94-030-1) a proposal to add a high-temperature

forced air treatment to Sec. 301.64-10 as an alternative treatment for

grapefruit (Citrus paradisi), one of the regulated articles listed in

Sec. 301.64-2. The high-temperature forced air treatment was developed

by the Agricultural Research Service of the U.S. Department of

Agriculture as an effective alternative treatment against the Mexican

fruit fly in grapefruit.

We solicited comments on our proposed rule for a 30-day period

ending on July 20, 1994. We received one comment by that date, from a

State department of agriculture. The commenter supported our proposed

rule with the expectation that the Animal and Plant Health Inspection

Service will ensure that the treatment will be conducted in accordance

with the approved time and temperature schedule and that treated

grapefruit will be identified as such and protected from Mexican fruit

fly infestation until it has left the regulated area. We believe that

the provisions of Sec. 301.64-4 regarding conditions for the interstate

movement of regulated articles from regulated areas and the provisions

of Sec. 301.64-5 regarding the issuance of certificates and limited

permits for the movement of regulated articles sufficiently address the

commenter's expectations. Section 301.64-5 also requires that

treatments be monitored by inspectors to assure compliance with the

regulations.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule without

change.

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 final rule amends the regulations by adding a high-temperature

forced air treatment to the list of approved treatments for Mexican

fruit fly in grapefruit.

There are approximately 1,500 citrus grove owners and 50 shippers

who stand to benefit by having an additional treatment option for

grapefruit to be moved interstate from a regulated area. Adding another

treatment will not increase the amount of grapefruit moved from

regulated areas in Texas and California because most citrus and other

regulated articles moved interstate by owners and shippers qualify for

movement without requiring treatment. Treatment becomes necessary only

when the regulated articles or their premises of origin cannot be

certified as being free from Mexican fruit fly.

Cold treatment and methyl bromide fumigation have been the two

treatments available for grapefruit; the availability of the high-

temperature forced air treatment will simply provide another treatment

option when treatment is required.

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.

Paperwork Reduction Act

This document contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.).

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).

2. In Sec. 301.64-10, a new paragraph (e) is added to read as

follows:

Sec. 301.64-10 Treatments.

* * * * *

(e) Grapefruit. (1) High-temperature forced air as follows:

(i) Minimum size: 3.5 in (9 cm) in diameter

(ii) Minimum weight: 9.25 oz (262 g)

(iii) Minimum initial pulp temperature: 77 deg.F (25 deg.C)

(iv) Caution: Grapefruit larger than 3.7 in (9.5 cm) in diameter

and 14.2 oz (402 g) in weight may suffer cosmetic damage as a result of

this treatment.

(2) These steps must occur in order:

(i) Place the grapefruit in a chamber and seal the chamber.

(ii) Heat air in chamber to 104 deg.F (40 deg.C) for 120 minutes.

(iii) Heat air in chamber to 122 deg.F (50 deg.C) for 90 minutes.

(iv) Heat air in chamber to 126 deg.F (52 deg.C) and maintain

temperature until the grapefruit center reaches 118 deg.F (48 deg.C).

(3) The treatment must be administered in a sealed, insulated

chamber. The air may be heated in the chamber or hot air may be

introduced into the chamber.

Done in Washington, DC, this 18th day of August 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-20785 Filed 8-24-94; 8:45 am]

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