Grapefruit and Mangoes From Mexico; Addition of Treatment

SUMMARY: We are proposing to allow the use of high-temperature forced

air treatments for grapefruit and mangoes imported from Mexico. The

treatments would be included in the Plant Protection and Quarantine

Treatment Manual, which is incorporated by reference into the Code of

Federal Regulations. We are also proposing to make several

nonsubstantive changes to clarify the fruits and vegetables

regulations.

DATES: Consideration will be given only to comments received on or

before December 14, 1994.

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

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O.

Drawer 810, Riverdale, MD 20738. Please state that your comments refer

to Docket No. 93-028-4. 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. Frank Cooper, Senior Operations

Officer, Plant Protection and Quarantine, APHIS, USDA, room 635,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-

8295, or Mr. Victor Harabin, Senior Operations Officer, Plant

Protection and Quarantine, APHIS, USDA, room 631, Federal Building,

6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8645.

SUPPLEMENTARY INFORMATION:

Background

The ``Plant Protection and Quarantine Treatment Manual'' (PPQ

Treatment Manual) of the Animal and Plant Health Inspection Service is

incorporated by reference into the Code of Federal Regulations at 7 CFR

300.1. The PPQ Treatment Manual contains treatment schedules and

information on procedures for applying treatments to allow the movement

of articles under domestic and foreign plant quarantines and

regulations.

History

In a direct final rule published in the Federal Register on March

1, 1994 (59 FR 9613-9614, Docket No. 93-028-2), we notified the public

of our intent to add to the PPQ Treatment Manual high-temperature

forced air treatments for grapefruit and mangoes from Mexico. The

direct final rule was to become effective 60 days after publication in

the Federal Register, unless we received written adverse comments or

written notice of intent to submit adverse comments. In response to the

direct final rule, we received one written adverse comment (discussed

below) from a representative of the citrus industry. Therefore, in a

document published in the Federal Register on April 21, 1994 (59 FR

18943, Docket No. 93-028-3), we withdrew the direct final rule and

stated our intent to publish a proposed rule for public comment.

Comment

The commenter supported the use of high-temperature forced air

treatments for grapefruit and mangoes from Mexico, but did not consider

the size and weight specifications for grapefruit to be all-

encompassing. In the direct final rule, we stated that the high-

temperature forced air treatment could be used on grapefruit that was

from 9 to 9.5 inches in circumference and that weighed from .5 to 1

pound. According to this commenter, this size and weight specification

for grapefruit would exclude several larger sizes of grapefruit that

are shipped to market for commercial use. This was not our intent. We

thought we had included all the standard sizes of grapefruit that are

marketed currently. To correct this omission, this proposal provides

for use of the high-temperature forced air treatment on larger

grapefruit. The treatment is effective against fruit flies in the

larger grapefruit. Larger grapefruit will just take longer to reach the

required internal pulp temperature.

Treatments

Currently, the PPQ Treatment Manual provides for either cold,

methyl bromide, or vapor heat as treatments for grapefruit. The PPQ

Treatment Manual provides for hot water treatment for all mangoes and

vapor heat treatment for Manila mangoes only. We are proposing to allow

high-temperature forced air treatments for both grapefruit and mangoes

that are imported from Mexico.

The high-temperature forced air treatments described below were

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

of Agriculture as effective alternative treatments against the Mexican

fruit fly in grapefruit imported from Mexico and against the Mexican,

West Indian, and black fruit flies in mangoes imported from Mexico.

Both treatments are administered in sealed chambers. The air may be

heated in the chambers or hot air may be introduced into the chambers.

Grapefruit

The high-temperature forced air treatment may be used on grapefruit

that measure 3.5 inches (9 centimeters) or more in diameter, weigh 9.25

ounces (262 grams) or more, and have an initial pulp temperature of 77

deg.F (25 deg.C) or higher. These steps must occur in order:

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

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

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

(4) 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).

The treatment schedule includes a warning that grapefruit larger

than 3.7 inches (9.5 centimeters) in diameter and 14.2 ounces (402

grams) in weight could suffer cosmetic damage as a result of this

treatment because of longer times needed for the center of the

grapefruit to reach the required temperature.

Mangoes

The high-temperature forced air treatment may be used on mangoes

that measure 3.15 inches (8 centimeters) to 5.5 inches (14 centimeters)

in diameter (sizes 8 to 14) and weigh 1.5 pounds (746.5 grams) or less.

These steps must occur in order:

(1) Probe at least three of the largest mangoes at the seed's

surface. Insert the probes into the thickest portion of the mangoes'

pulp.

(2) Place the mangoes in a chamber and seal the chamber.

(3) Record temperatures at least once every 2 minutes until the

treatment is concluded.

(4) Heat air in chamber to 122 deg. F (50 deg. C).

(5) Conclude the treatment once the temperature at the seed's

surface (based upon the coolest part of the mango) reaches 118 deg. F

(48 deg. C).

The treatment schedule includes a note that treatment time will

vary depending on the size of the mangoes and the number of boxes of

mangoes treated.

Fruits and Vegetables Regulations

We are also proposing three nonsubstantive editorial changes to

simplify the fruits and vegetables regulations, contained in 7 CFR

319.56 through 319.56-8. Section 319.56-2f provides that certain

oranges, grapefruit, tangerines, and Manila mangoes may be eligible for

entry into the United States from Mexico if treated with vapor heat in

accordance with that section. Section 319.56-2q provides that lots of

grapefruits, oranges, and tangerines may be eligible for entry into the

United States from Mexico if treated with methyl bromide in accordance

with that section. Section 319.56-2x contains a list of fruits and

vegetables that require treatment, in accordance with the PPQ Treatment

Manual, as a condition of entry into the United States. We are

proposing to add oranges, grapefruit, tangerines, and Manila mangoes

from Mexico to the list in Sec. 319.56-2x and to remove the regulations

under Secs. 319.56-2f and 319.56-2q. The treatments prescribed under

Secs. 319.56-2f and 319.56-2q are already included in the PPQ Treatment

Manual. This change would simplify the regulations but would not revise

current requirements concerning the entry of oranges, grapefruit,

tangerines, and Manila mangoes from Mexico into the United States.

Executive Order 12866 and Regulatory Flexibility Act

This proposed 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.

If adopted, the proposed rule would provide an additional treatment

option, high-temperature forced air, for grapefruit and mangoes

imported from Mexico. Because this new treatment would be optional,

this rule should have no significant economic impact on entities using

the currently prescribed cold, hot water, methyl bromide, or vapor heat

treatments.

Also, since high-temperature forced air treatment would provide for

longer fruit shelf life than do hot water and vapor heat treatments,

the most commonly used treatments, we anticipate that some private

treatment enterprises would convert their facilities to employ this new

optional treatment. We believe, though, that any costs of facility

conversion would be offset through the production of fruit that has a

longer shelf life. Therefore, we anticipate no significant change in

the price or production of grapefruit and mangoes as a result of this

rule.

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 12778

This proposed rule has been reviewed under Executive Order 12778,

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 proposed rule contains no information collection or

recordkeeping requirements under the Paper Reduction Act of 1980 (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 319

Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by

reference, Nursery stock, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Rice, Vegetables.

Accordingly, title 7, chapter III, of the Code of Federal

Regulations would be amended as follows:

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 would continue to read as

follows:

Authority: 7 U.S.C. 150ee, 154, 161, 162, 167; 7 CFR 2.17, 2.51,

and 371.2(c).

2. In Sec. 300.1, paragraph (a) would be revised to read as

follows:

Sec. 300.1 Materials Incorporated by reference.

(a) The Plant Protection and Quarantine Treatment Manual, which

includes all revisions through ________, 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 319--FOREIGN QUARANTINE NOTICES

3. The authority citation for part 319 would continue to read as

follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450; 21 U.S.C.

136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).

Sec. 319.56-2f [Removed and Reserved]

4. Section 319.56-2f would be removed and reserved.

Sec. 319.56-2q [Removed and Reserved]

5. Section 319.56-2q would be removed and reserved.

6. In Sec. 319.56-2x, paragraph (a), the table would be amended for

the Mexico entry by adding four new commodities, in alphabetical order,

to read as follows:

Sec. 319.56-2x Administrative instructions; conditions governing the

entry of certain fruits and vegetables for which treatment is required.

(a) * * *

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

Country/locality Common name Botanical name Plant part(s)

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

* * * * * * *

Mexico

* * * * * * *

Grapefruit....... Citrus paradisi. Fruit

Mango............ Mangerifa indica Fruit

Orange........... Citrus sinensis. Fruit

Tangerine........ Citrus Fruit.

reticulata.

* * * * * * *

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

* * * * *

Done in Washington, DC, this 7th day of November, 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-28047 Filed 11-10-94; 8:45 am]

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