# Grapefruit and Mangoes From Mexico; Addition of Treatment > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-28047 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 14, 1994 ## Text 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] BILLING CODE 3410-34-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-28047. Public record. Not legal advice.