Grapefruit and Mangoes From Mexico; Addition of Treatment

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 93-028-5]

Grapefruit and Mangoes From Mexico; Addition of Treatment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are allowing 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. We are also making several nonsubstantive changes

to clarify the fruits and vegetables regulations.

EFFECTIVE DATE: February 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Frank Cooper, Senior Operations Officer, or Mr. Victor Harabin,

Head, Permit Unit, Port Operations, Plant Protection and Quarantine,

APHIS, USDA, P.O. Drawer 810, Riverdale, MD 20738. The telephone number

for the agency contracts will change when agency offices in

Hyattsville, MD, move to Riverdale, MD, during February. Telephone:

(301) 436-8645 (Hyattsville); (301) 734-8645 (Riverdale).

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.

Previously, the PPQ Treatment Manual provided for either cold,

methyl bromide, or vapor heat as treatments for grapefruit. It also

provided for hot water treatment for all mangoes and vapor heat

treatment for Manila mangoes only. We now have added to the PPQ

treatment manual high-temperature forced air treatments for both

grapefruit and mangoes that are imported from Mexico.

These high-temperature forced air treatment 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.

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 from a

representative of the citrus industry, who noted that size and weight

specifications for grapefruit would exclude several larger sizes of

grapefruit that are shipped to market for commercial use. Subsequently,

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.

On November 14, 1994 (59 FR 56412-56413, Docket No. 93-028-4), we

published a proposed rule in the Federal Register comparable to the

direct final rule, but providing for use of the high-temperature forced

air treatment on larger grapefruit. As we explained in the proposed

rule, the treatment is effective against fruit flies in the larger

grapefruit, but larger grapefruit will take longer to reach the

required internal pulp temperature.

We also proposed to make three nonsubstantive editorial changes to

simplify the fruits and vegetables regulations, contained in 7 CFR

319.56 through 319.56-8.

We solicited comments concerning our proposal for 30 days ending

December 14, 1994. We received 10 comments by that date. They were from

a State agricultural agency, Mexican mango and grapefruit growers, and

a consumer. All of the comments supported the proposal.

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.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register.

Immediate implementation of this rule is necessary to provide

relief to those persons who are adversely affected by restrictions we

no longer find warranted. This action provides an alternative

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

imported from Mexico. Making this rule effective upon publication will

allow interested importers and others to immediately employ high-

temperature forced air treatment for grapefruit and mangoes from

Mexico. Therefore, the Administrator of the Animal and Plant Health

Inspection Service has determined that this rule should be effective

upon publication in the Federal Register.

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 provides an additional treatment option, high-

temperature forced air, for grapefruit and mangoes imported from

Mexico. Because this new treatment is optional, this rule should have

no significant economic impact on entities using the cold, hot water,

methyl bromide, or vapor heat treatments. [[Page 6958]]

Also, since high-temperature forced air treatment provides 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 will convert their facilities to employ this new

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

conversion will 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 will

not have a significant economic impact on a substantial number of small

entities.

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 rule contains no information collection or recordkeeping

requirements under the Paperwork 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 is amended as follows:

PART 300--INCORPORATION BY REFERENCE

1. The authority citation for part 300 continues 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

includes all revisions through February 1995, 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 continues to read as

follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 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 is removed and reserved.

Sec. 319.56-2q [Removed and Reserved]

5. Section 319.56-2q is removed and reserved.

6. In Sec. 319.56-2x, paragraph (a), the table is 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) * * *

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

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* * * *

Mexico

* * * *

* * *

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

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

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

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

reticulata.

* * * *

* * *

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Done in Washington, DC, this 30th day of January 1995.

Terry I. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-2746 Filed 2-3-95; 8:45 am]

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