Mediterranean Fruit Fly; Regulated Articles and Treatments

DEPARTMENT OF AGRICULTURE

7 CFR Part 301

[Docket No. 94-017-2]

Mediterranean Fruit Fly; Regulated Articles and Treatments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with one change, an interim

rule that amended the Mediterranean fruit fly regulations by adding two

types of lemons to the list of regulated articles; clarifying the

requirement for cleaning and waxing 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 were necessary to prevent the spread of the

Mediterranean fruit fly into noninfested areas of the United States and

to lessen restrictions that might cause an unnecessary economic burden

upon the public. The change in this final rule is a technical one to

correct the amount of protein hydrolysate to be used in the malathion

bait spray and to clarify whether ``ounces'' refers to fluid ounces or

ounces by weight.

EFFECTIVE DATE: October 11, 1995.

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

Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-6600.

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 Medfly regulations at 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.

In an interim rule effective May 12, 1994, and published in the

Federal Register on May 18, 1994 (59 FR 25789-25791, Docket No. 94-017-

1), we amended the regulations by adding two types of lemons to the

list of regulated articles; clarifying the requirement for cleaning and

waxing lemon (Citrus limon), a regulated article; reducing the rate of

technical grade malathion required for treating premises for the

Medfly; and removing the requirement that malathion bait spray

treatment be applied by ground equipment. These actions were necessary

to prevent the spread of the Medfly into noninfested areas of the

United States and to lessen restrictions that might cause an

unnecessary economic burden upon the public.

We solicited comments concerning the interim rule for 60 days

ending July 18, 1994. We received two comments. They were from a State

government and a citrus trade association. We carefully considered both

comments. They are discussed below in detail.

Comment: The interim rule amended Sec. 301.78-10 by reducing the

rate of malathion bait spray treatment from ``2.4'' ounces to ``1.2''

ounces. However, the interim rule did not change the rate of protein

hydrolysate required to arrive at the necessary 10 percent solution of

malathion. Also, there was some ambiguity concerning weight/volume

interpretations in terms of ``ounces'' by weight and ``fluid ounces.''

Section 301.78-10 should state that, to arrive at the necessary 10

percent solution of malathion, 1 fluid ounce (1.2 ounces by weight) of

malathion would have to be mixed with 11 fluid ounces (13.4 ounces by

weight) of protein hydrolysate per acre for a total of 12 fluid ounces

of malathion and protein hydrolysate per acre.

Response: We agree with the premise of this comment. However, to

maintain a higher degree of accuracy in our figures and to be

consistent in our references to fluid ounces and ounces by weight,

Sec. 301.78-10 will be changed to state that, to arrive at the

necessary 10 percent solution of malathion, 1.2 fluid ounces (1.4

ounces by weight) of malathion would have to be mixed with 10.8 fluid

ounces (13.2 ounces by weight) of protein hydrolysate per acre for a

total of 12 fluid ounces of malathion and protein hydrolysate per acre.

Comment: The supplementary information section of the interim rule

explained why the regulations exempt from treatment smooth-skinned

lemons destined for commercial packing houses. It stated, ``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.'' However, color should not be considered

an indication of susceptibility to Medfly attack, as yellow lemons are

also harvested and sent to commercial packing houses. Rather, high acid

content, hard-to-puncture rind, and lack of suitability as an

environment for Medfly are factors that should be used to determine

whether commercial variety lemons (Citrus limon) that are not overly

mature should be exempt from treatment.

Response: We agree, and believe that the language in Sec. 301.78-2

of the interim rule concerning lemon (Citrus limon) accommodates this

position. That entry reads: ``Lemon (Citrus limon) except smooth-

skinned lemons harvested for packing by commercial packing houses''.

Therefore, no change to the rule is necessary.

Therefore, based on the rationale set forth in the interim rule and

in this document, we are adopting the provisions of the interim rule as

a final rule, with the change discussed in this document.

This final rule also affirms the information contained in the

interim rule concerning Executive Order 12866 and the Regulatory

Flexibility Act, Executive Orders 12372 and 12778, and the Paperwork

Reduction Act.

Further, for this action, the Office of Management and Budget has

waived the review process required by Executive Order 12866.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

[[Page 52834]]

Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

Accordingly, we are adopting as a final rule, with the following

change, the interim rule that amended 7 CFR part 301 and that was

published at 59 FR 25789-25791 on May 18, 1994.

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. 301.78-10 [Amended]

2. In Sec. 301.78-10, paragraph (c) is amended by revising the last

sentence to read: ``The malathion bait spray treatment must be applied

at a rate of 1.2 fluid ounces of technical grade malathion (1.4 ounces

by weight) and 10.8 fluid ounces of protein hydrolysate (13.2 ounces by

weight) per acre, for a total of 12 fluid ounces per acre.''

Done in Washington, DC, this 4th day of October 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-25167 Filed 10-10-95; 8:45 am]

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