Incorporation by Reference; Plant Protection and Quarantine Treatment Manual

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 300

[Docket No. 93-028-2]

Incorporation by Reference; Plant Protection and Quarantine

Treatment Manual

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: This rule will allow the use of high temperature forced air

treatments for grapefruit and mangoes imported from Mexico. The

treatments will be included in the Plant Protection and Quarantine

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

Federal Regulations.

DATES: This rule will be effective on May 2, 1994, unless we receive

written adverse comments or written notice of intent to submit adverse

comments on or before March 31, 1994.

If we receive written adverse comments or written notice of intent

to submit adverse comments, we will publish a notice in the Federal

Register withdrawing this rule before the effective date and publish a

proposed rule for public comment.

ADDRESSES: Please send an original and three copies of any adverse

comments or notice of intent to submit adverse comments to Chief,

Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

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

state that your submission refers to Docket No. 93-028-2. Submissions

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 and notices are encouraged 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, PPQ, APHIS, USDA, room 635, Federal Building, 6505 Belcrest

Road, Hyattsville, MD 20782, (301) 436-6799.

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. Unless we receive written adverse comments or written

notice of intent to submit adverse comments, this document will amend 7

CFR 300.1 to show that the PPQ Treatment Manual has been revised to

include high temperature forced air treatments as additional treatments

for grapefruit and mangoes from Mexico.

Treatments

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, insulated chambers. The

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

chambers.

Grapefruit

Size of grapefruit--9 to 9.5 inches

Weight of grapefruit--.5 to 1 pound

Initial pulp temperature of grapefruit--77 deg.F or above

These steps must occur in order:

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

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

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

(4) Heat air in the chamber to 126 deg.F and maintain temperature

until the grapefruit center reaches 118 deg.F.

Mangoes

Size of mangoes--3.15 to 5.5 inches (sizes 8 to 14)

Weight of mangoes--Must not exceed 1.5 pounds

These steps must occur in order:

(1) Probe several representative 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 the chamber to 122 deg.F.

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

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

Note: Treatment time will vary depending on the size of the

mangoes and the number of boxes of mangoes treated.

Effective Date

We are publishing this rule without a prior proposal because we

view this action as noncontroversial and anticipate no adverse public

comment. This rule will be effective, as published in this document, 60

days after the date of publication in the Federal Register unless we

receive written adverse comments or written notice of intent to submit

adverse comments within 30 days of the date of publication of this rule

in the Federal Register.

Adverse comments are comments that suggest the rule should not be

adopted or that suggest the rule should be changed.

If we receive written adverse comments or written notice of intent

to submit adverse comments, we will publish a notice in the Federal

Register withdrawing this rule before the effective date and publish a

proposed rule for public comment. Following the close of that comment

period, the comments will be considered, and a final rule addressing

the comments will be published.

As discussed above, if we receive no written adverse comments nor

written notice of intent to submit adverse comments within 30 days of

publication of this direct final rule, this direct final rule will

become effective 60 days following its publication. We will publish a

notice to this effect in the Federal Register, before the effective

date of this direct final rule, confirming that it is effective on the

date indicated in this document.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

will provide an additional treatment option, high temperature forced

air, for grapefruit and mangoes imported from Mexico. Because this new

treatment will be optional, this rule should have no significant

economic impact on entities using the currently prescribed hot water

and vapor heat treatments.

Also, since high temperature forced air treatment provides for

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

anticipate that some private treatment enterprises will convert their

facilities to employ this treatment. We believe, though, that any costs

of facility conversion would be offset through the production of higher

quality fruit. 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 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.

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 is revised 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) is revised to read as follows:

Sec. 300.1 Materials incorporated by reference.

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

revised and reprinted November 30, 1992, and includes all revisions

through June 1993, has been approved for incorporation by reference in

this chapter by the Director of the Office of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

* * * * *

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

Patricia Jensen,

Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-4488 Filed 2-28-94; 8:45 am]

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