High-Temperature Forced-Air Treatments for Citrus

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 301

[Docket No. 96-069-1]

High-Temperature Forced-Air Treatments for Citrus

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow the use of a process involving high-

temperature forced air for treating tangerines, oranges (except navel

oranges), and grapefruit from Mexico and areas of the United States

that are infested with plant pests in the genus Anastrepha, which

includes A. ludens, the Mexican fruit fly. This action would provide an

additional option for treating these fruits. The treatments would be

included in the Plant Protection and Quarantine Treatment Manual, which

is incorporated by reference into the Code of Federal Regulations.

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

before March 2, 1998.

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

Docket No. 96-069-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 96-069-1. 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 tocall ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Campbell, Operations Officer,

Port Operations, PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD

20737-1236; (301) 734-6799; or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

To prevent the spread of plant pests into or within the United

States, the U.S. Department of Agriculture (USDA) restricts the

importation and interstate movement of many articles, including fruits.

As a condition of movement, some fruits are required to be treated for

plant pests in accordance with the Code of Federal Regulations (CFR).

The Plant Protection and Quarantine Treatment Manual (PPQ Treatment

Manual) of the USDA's Animal and Plant Health Inspection Service

(APHIS) contains approved treatment schedules and is incorporated by

reference into the CFR at 7 CFR 300.1.

Pursuant to 7 CFR 319.56-2x, USDA allows tangerines, oranges, and

grapefruit from Mexico to be imported into the United States if treated

in accordance with the PPQ Treatment Manual. We are proposing to amend

this manual to include the high-temperature forced-air treatments

described below under ``Treatments'' for tangerines, oranges (except

navel oranges), and grapefruit from Mexico as additional effective

treatments for pests in the genus Anastrepha, which includes A. ludens,

the Mexican fruit fly. We would amend 7 CFR 300.1 to show that the PPQ

Treatment Manual has been so changed.

In addition, because the Mexican fruit fly infests parts of the

United States (currently, parts of Texas and California), USDA

regulates the interstate movement of certain articles from those areas

under the Mexican Fruit Fly Quarantine and Regulations, found at 7 CFR

301.64 through 301.64-10. Acceptable treatments for the regulated

articles are listed in Sec. 301.64-10. Treatments for the regulated

articles themselves include a cold treatment, fumigation with methyl

bromide, and a high-temperature forced-air treatment for grapefruit of

a certain size; treatments for the fields or groves in which the

regulated articles are grown include a soil drench with diazinon and a

malathion bait spray.

The high-temperature forced-air treatment for grapefruit listed in

Sec. 301.64-10(e) specifies that the grapefruit must be at least 3.5 in

(9 cm) in diameter and 9.25 oz (262 g) in weight. This treatment is

based on a target temperature, which means that any Anastrepha larvae

present in the grapefruit are killed through a process of incrementally

increasing the air temperature in the hot-air chamber until the

temperature at the grapefruit center reaches 118 deg.F (48 deg.C).

The treatment specifies a minimum size for the grapefruit because

grapefruit less than the specified size were found during research to

reach the target temperature too quickly to ensure larvae mortality.

This treatment, which is still a viable option, is also included in the

PPQ Treatment Manual.

We are proposing to amend Sec. 301.64-10 to allow for the use of

the high-temperature forced-air treatments described below for

tangerines, oranges (except navel oranges), and grapefruit. Unlike the

treatment described above, which is based on a target temperature, the

proposed treatments are based on time: They involve maintaining at

least a specified temperature in the hot-air chamber for a specified

period of time. These treatments specify a maximum size for the fruit

because research revealed that, when used on fruit larger than the

stated size, the treatment did not raise the internal temperature of

the fruit sufficiently within the allotted time to ensure mortality of

Anastrepha larvae. We would indicate in Sec. 301.64-10(e) that these

three new treatments are included in the PPQ Treatment Manual.

For consistency, we are also proposing to remove from Sec. 301.64-

10 the specific requirements for the cold treatment, the methyl bromide

treatment, and the high-temperature forced-air treatment, which are

described, respectively, in paragraphs (a), (d), and (e). Because all

of these treatments are spelled out in the PPQ Treatment Manual, there

is no reason for them also to be listed in the CFR. Removing the

specific instructions for these treatments from Sec. 301.64-10 and

indicating that the treatments should be conducted in accordance with

the PPQ Treatment Manual is in keeping with regulatory reform efforts

to remove unnecessary or redundant Federal regulations.

The soil drench and malathion bait spray treatments are not listed

in the PPQ Treatment Manual and will remain in Sec. 301.64-10 (b) and

(c). These treatments are cultural practices to be performed by

producers in the groves

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and fields, not quarantine treatments to be performed on the regulated

articles as are the cold, methyl bromide, and high-temperature forced-

air treatments. However, we are proposing some minor grammatical and

punctuation changes to Sec. 301.64-10(b).

Treatments

The following high-temperature forced-air treatments were developed

by the USDA's Agricultural Research Service. The treatments must be

administered in sealed, insulated chambers. The air may be heated in

the chambers, or hot air may be introduced into the chambers.

Tangerines

The proposed treatment is for tangerines that are commercial size

125 or smaller. (Commercial size is an index based on the approximate

number of fruit that fit into a commercial shipping box [40 lb or 18.14

kg].) Each tangerine must weigh no more than 8.6 oz (245 g).

Place the tangerines in the chamber and seal it. Raise the air

temperature in the chamber to 113 deg.F (45 deg.C) or higher for 210

minutes. (Treatment time begins when the coldest air temperature sensor

reaches 113 deg.F.) Record the temperature of each sensor at least

once every 2 minutes throughout the treatment. Any temperature reading

below 113 deg.F will invalidate the entire treatment. If any low

temperature readings occur, repeat (do not simply extend) the

treatment.

Oranges

The proposed treatment is for oranges (except navel oranges) that

are commercial size 100 or smaller. Each orange must weigh no more than

16.5 oz (468 g).

Place the oranges in the chamber and seal it. Raise the air

temperature in the chamber to 114.8 deg.F (46 deg.C) or higher for

250 minutes. (Treatment time begins when the coldest air temperature

sensor reaches 114.8 deg.F.) Record the temperature of each sensor at

least once every 2 minutes throughout the treatment. Any temperature

reading below 114.8 deg.F will invalidate the entire treatment. If any

low temperature readings occur, repeat (do not simply extend) the

treatment.

Grapefruit

The proposed treatment is for grapefruit that are commercial size

70 or smaller. Each grapefruit must weigh no more than 18.8 oz (532 g).

Place the grapefruit in the chamber and seal it. Raise the air

temperature in the chamber to 114.8 deg.F (46 deg.C) or higher for

300 minutes. (Treatment time begins when the coldest air temperature

sensor reaches 114.8 deg.F.) Record the temperature of each sensor at

least once every 2 minutes throughout the treatment. Any temperature

reading below 114.8 deg.F will invalidate the entire treatment. If any

low temperature readings occur, repeat (do not simply extend) the

treatment.

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.

This proposed rule would allow use of a process involving high-

temperature forced air for treating tangerines, oranges (except navel

oranges), and grapefruit from Mexico and areas of the United States

infested with plant pests in the genus Anastrepha, including A. ludens,

the Mexican fruit fly. High-temperature forced-air treatments developed

by the Agricultural Research Service would serve as additional

treatment alternatives against the Mexican fruit fly and other species

of Anastrepha that may attack tangerines, oranges, and grapefruit grown

in Mexico and the United States. Development of these proposed

treatments was triggered, in part, by the expected loss of methyl

bromide as a treatment and phytotoxicity of oranges to methyl bromide.

(The U.S. Clean Air Act requires that any substance identified as ozone

depleting, including methyl bromide, be withdrawn from production,

importation, and use in the United States by the year 2000.)

At present, tangerines, oranges, and grapefruit imported from

Mexico can be treated for the Mexican fruit fly and other species of

Anastrepha using several different methods. Cold treatment is

acceptable for tangerines, oranges, and grapefruit. Vapor heat and

methyl bromide treatments are acceptable for clementines (a variety of

tangerine), oranges, and grapefruit. Grapefruit of a certain size may

also be treated with a high-temperature forced-air treatment that is a

different temperature and time combination than the procedure described

in this proposed rule.

Acceptable treatments for tangerines, oranges, and grapefruit

produced in the regulated areas of the United States include cold

treatment of the fruit, treatment of the soil in the groves, and bait-

spray treatment of the groves. Additionally, oranges and grapefruit may

be treated with methyl bromide, and grapefruit may be treated with a

different high-temperature forced-air treatment than the procedure

described in this proposed rule.

The provision of high-temperature forced-air treatments as

described in this proposed rule as an alternative treatment for

tangerines and oranges, and as an additional high-temperature forced-

air treatment alternative for grapefruit, would provide one more

treatment method from which to choose.

Mexico is the largest source of citrus imported into the United

States. In 1996, the value of citrus imported from Mexico totaled about

$38 million, representing approximately 40 percent of U.S. citrus

imports. We do not anticipate any increase in the amount of tangerines,

oranges, or grapefruit imported into the United States as a result of

this proposed action.

More than half of the citrus imported from Mexico is not treated at

all because it is imported from Mexican municipalities free of fruit

flies. Such was the case for about 52 percent of the citrus imported

from Mexico in fiscal year (FY) 1995 and about 57 percent in FY 1996.

Citrus may be exported to the United States from these fruit-fly-free

municipalities with certification only. Shipments of tangerines,

oranges, and grapefruit from other areas of Mexico are treated before

they arrive at the U.S. border. In FY 1996, approximately 3,427 metric

tons of tangerines and 88 metric tons of oranges from Mexico were

fumigated with methyl bromide before being precleared for entry into

the United States.

The only areas of the United States currently infested with Mexican

fruit fly are in Texas and California. The infested area in California

is primarily urban and includes no commercial production. The regulated

areas in Texas are found in a major citrus-growing region. In FY 1996,

four of the five regulated production areas in Texas were found to be

infested with the Mexican fruit fly, and 5,426,900 pounds of citrus

(mostly grapefruit) were fumigated for shipment internationally or to

citrus-growing areas of the United States. Most of the citrus was

shipped to California. Again, in FY 1997, four of the five production

areas were found infested, and the exported fruit was fumigated.

There are eight fumigation companies treating citrus shipped from

the regulated areas of Texas, and all are considered small businesses

by U.S. Small Business Administration standards (annual revenue less

than $5 million, averaged over 3 years). The approval of high-

temperature forced air as an alternative treatment could lead to a

reduction in the income of these fumigation companies if the citrus

growers were to find that using high-

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temperature forced air is financially preferable to using fumigation.

No facilities currently exist in Texas that are capable of performing

high-temperature forced-air treatments. However, in recent meetings of

growers in the regulated areas, the possibility of building and

operating one or two high-temperature forced-air treatment facilities

as cooperative ventures (in view of the sizable cost of such

facilities) was discussed. The time required for realization of such a

cooperative effort would provide the fumigation companies a period to

adjust to any anticipated reduction in business. Moreover, unless

special-use exemptions are attached to the Clean Air Act or another

fumigation compound is approved to replace methyl bromide, the

fumigating companies will soon no longer be able to fumigate regulated

citrus anyway. When methyl bromide use is banned, any possible impacts

on the incomes of these companies from the addition of high-temperature

forced-air treatments as alternative treatment methods would become

inconsequential.

No significant economic impacts on any small entities, including

citrus importers or producers or providers of alternative pest

treatments for citrus, are expected due to the proposed addition of the

high-temperature forced-air treatment methods described in this

proposed rule. The number of importers of tangerines, oranges, and

grapefruit from Mexico and the percentage that are small entities are

not known, but most are probably not small (defined for fruit and

vegetable wholesalers as having fewer than 100 employees). As described

above, the eight potentially affected U.S. fumigation firms are small

entities, but these firms would likely be affected by the proposed rule

only if one or more high-temperature forced-air treatment facilities

were to be constructed and become operational prior to the time the ban

on methyl bromide becomes effective--at which time the economic effect

of the proposed rule on the fumigation firms becomes irrelevant. Both

large and small citrus producers in the regulated areas of the United

States could benefit from the proposed rule if the proposed treatment

were to prove less expensive than fumigation. Moreover, the proposed

rule could be beneficial to these producers when methyl bromide use is

banned because it provides another acceptable method for treating their

citrus for export or shipment to restricted areas of the United States.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this proposed

action would not have a significant economic impact on a substantial

number of small entities.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

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 Paperwork Reduction Act of 1995

(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 301

Agricultural commodities, Incorporation by reference, Plant

diseases and pests, Quarantine, Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR parts 300 and 301 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, and 167; 7 CFR 2.22,

2.80, and 371.2(c).

2. In Sec. 300.1, paragraph (a), the introductory text would be

revised to read as follows:

Sec. 300.1 Materials incorporated by reference; availability.

(a) Plant Protection and Quarantine Treatment Manual. The Plant

Protection and Quarantine Treatment Manual, which was reprinted

November 30, 1992, and 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 301--DOMESTIC QUARANTINE NOTICES

3. The authority citation for part 301 would continue to read as

follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

4. In Sec. 301.64-1, a new definition would be added in

alphabetical order to read as follows:

Sec. 301.64-1 Definitions.

* * * * *

PPQ Treatment Manual. The Plant Protection and Quarantine Treatment

Manual, which is incorporated by reference at Sec. 300.1 of this

chapter.

* * * * *

5. Section 301.64-10 would be revised to read as follows:

Sec. 301.64-10 Treatments.

* * * * *

(a) Apple, grapefruit, orange, pear, plum, pomegranate, quince, and

tangerine. Cold treatment in accordance with the PPQ Treatment Manual.

(b) Soil within the dripline of plants that are producing or have

produced fruits listed in Sec. 301.64-2(a).

Host fruits must be removed from host plants prior to treatment.

Material: diazinon

Dosage: Apply 5 lb a.i. per acre (0.12 lb or 2 oz avdp. per 1,000

ft \2\).

Method: Soil drench using ground equipment. Apply with 130 gal of

water per acre (3 gal per 1,000 ft \2\) under hosts.

Frequency/timing: Three applications at 14- to 16-day intervals as

needed. Applications may be repeated if infestations become

established.

In addition to the above, diazinon must be applied in accordance

with all label directions.

(c) * * *

(d) Grapefruit and oranges. Methyl bromide in accordance with the

PPQ Treatment Manual.

(e) Grapefruit, oranges (except navel oranges), and tangerines.

High-temperature forced air in accordance with the PPQ Treatment

Manual.

Done in Washington, DC, this 18th day of December.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-33718 Filed 12-29-97; 8:45 am]

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