High-Temperature Forced-Air Treatments for Citrus

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 301

[Docket No. 96-069-3]

High-Temperature Forced-Air Treatments for Citrus

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: We are amending the Plant Protection and Quarantine Treatment

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

Regulations, to allow navel oranges 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, to be treated with a

high-temperature forced-air process currently approved for tangerines,

oranges other than navel oranges, and grapefruit from these areas. This

action provides an additional option for treating navel oranges from

these areas.

DATES: This rule will be effective on September 13, 1999 unless we

receive written adverse comments or written notice of intent to submit

adverse comments on or before August 12, 1999. The incorporation by

reference of the material listed in the rule is approved by the

Director of the Federal Register as of September 13, 1999.

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

comments or notice of intent to submit adverse comments to: Docket No.

96-069-3, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 96-069-3.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Grosser, Senior Import

Specialist, 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 title 7 of 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. In addition, USDA

regulates the interstate movement of certain articles from areas of the

United States where outbreaks of the Mexican fruit fly have occurred

(currently, parts of Texas and California). The pertinent regulations

are at 7 CFR 301.64 through 301.64-10; acceptable treatments for the

regulated articles are listed in 301.64-10.

On December 30, 1997, we published in the Federal Register (62 FR

67761 67763, Docket No. 96-069-1) a proposed rule to, among other

things, amend the PPQ Treatment Manual to include high-temperature

forced-air treatments for tangerines, oranges (except navel oranges),

and grapefruit from Mexico and areas of the United States affected with

pests in the genus Anastrepha, which includes A. ludens, the Mexican

fruit fly. We also proposed to amend 7 CFR 300.1 to show that the PPQ

Treatment Manual had been so changed and to amend 301.64-10(e) of the

Mexican fruit fly regulations to indicate that grapefruit, oranges

(except navel oranges), and tangerines from areas of the United States

infested with the Mexican fruit fly may be treated with high-

temperature forced air in accordance with the PPQ Treatment Manual. The

high-temperature forced-air treatments we proposed were developed by

the USDA's Agricultural Research Service (ARS) in conjunction with

APHIS PPQ Methods Development.

We solicited comments for 60 days ending March 2, 1998. We received

28 comments by that date. They were from Mexican citrus producers, USDA

employees, a State government, and a citrus industry association. The

commenters generally supported the adoption of the proposed high-

temperature forced-air treatments. However, some of the commenters

suggested changes or clarifications to the proposed treatments. A

comment provided by the ARS researchers who did the research upon which

the proposed high-temperature forced-air treatments were based

suggested the inclusion of a high-temperature forced-air treatment for

navel oranges. The ARS commenters stated that research proving the

quarantine security of the treatment for navel oranges was performed

shortly after the completion of the research on the treatments for

oranges other than navel oranges, tangerines, and grapefruit.

After carefully considering the comments, we published a final rule

in the Federal Register on December 10, 1998 (63 FR 68161-68165, Docket

No. 96-069-2), that, among other things, amended the PPQ Treatment

Manual to include a single high-temperature forced-air treatment

(described below) for tangerines, oranges (except navel oranges), and

grapefruit from Mexico and areas of the United States affected with

pests in the genus Anastrepha. We

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also amended 7 CFR 300.1 to show that the PPQ Treatment Manual had been

so changed and 301.64-10(e) of the Mexican fruit fly regulations to

indicate that high-temperature forced air in accordance with the PPQ

Treatment Manual can be used to treat grapefruit, oranges (except navel

oranges), and tangerines for movement from areas of the United States

infested with the Mexican fruit fly.

In the preamble to the final rule, we stated that we had reviewed

the completed data provided by ARS concerning the inclusion of a high-

temperature forced-air treatment for navel oranges and had determined

that the treatment would be effective for navel oranges as well. We

also indicated that we would soon publish in the Federal Register a

direct final rule to allow the use of the treatment on navel oranges.

We did not include the treatment for navel oranges in the final rule

because the proposed rule had not addressed navel oranges.

Therefore, we are now amending the PPQ Treatment Manual to add

navel oranges to the list of fruits that may be treated with high-

temperature forced air for pests in the genus Anastrepha. We are also

amending 7 CFR 300.1 to show that the PPQ Treatment Manual has been so

revised. We are also amending 301.64-10(e) to remove the exception for

navel oranges so that all types of oranges from areas of the United

States quarantined under the Mexican fruit fly regulations may be

treated with high-temperature forced air as specified in the PPQ

Treatment Manual. The high-temperature forced-air treatment that will

be authorized is described below.

Treatment Procedure

The treatment must be administered in sealed, insulated chambers;

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

into the chambers. The number of temperature probes must be approved in

advance during the chamber certification procedure.

Place the temperature probes into the centers of the largest fruit

in the load. Place the fruit inside the chamber, seal it, and begin the

treatment.

The target temperature is 44 deg.C (111.2 deg.F). Throughout the

treatment, record the fruit center temperatures at least once every 2

minutes. If it takes less than 90 minutes for the fruit to reach the

target temperature, the fruit must remain at the target temperature for

any additional time needed to reach 90 minutes, plus another 100

minutes. If the fruit takes 90 minutes or more to reach the target

temperature, the fruit must remain at the target temperature for an

additional 100 minutes only.

Hydrocooling after treatment is optional.

The treatment is for fruit of the following sizes:

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Standard pack Container size Maximum diameter

Fruit variety count \1\ (bu) Maximum weight (g) (in)

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Tangerines................... 120 \4/5\ 245 (8.6 oz)............... Not specified.

Navel oranges................ 100 1\2/5\ 450 (15.9 oz).............. 3\13/16\.

Oranges (other than navel)... 100 1\2/5\ 468 (16.4 oz).............. 3\13/16\.

Grapefruit................... 70 1\2/5\ 536 (18.8 oz).............. 4\5/16\.

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\1\ Standard pack count is an index based on the approximate number of fruit of uniform diameter that fit into a

bushel container of the size indicated.

Examples of Treatment Administration

1. If the center temperature of fruit located in the coolest

location inside a forced-air chamber required 112 minutes to reach 44

deg.C, then the total treatment time for the fruit load would be 212

minutes (112 minutes approach time to target temperature + 100 minutes

treatment time at target temperature).

2. If the center temperature of fruit located in the coolest

location inside a forced-air chamber required 80 minutes to reach 44

deg.C, then the total treatment time for the fruit load would be 190

minutes (80 minutes approach time to target temperature + 10 additional

minutes so that approach time is the required 90 minutes in duration +

100 minutes treatment time at target temperature).

Note: Tolerance data may be obtained from the USDA-ARS

Subtropical Research Center, Crop Quality & Fruit Insects, 2301 S.

International Blvd., Weslaco, TX 78596, or the USDA-APHIS-PPQ Oxford

Plant Protection Center, 901 Hillsboro Street, Oxford, NC 27565.

Dates

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. We will then

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

document 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. For this

action, the Office of Management and Budget has waived its review

process required by Executive Order 12866.

This rule, which allows the use of a process involving high-

temperature forced air for treating navel oranges from areas of Mexico

and the United States infested with plant pests of the genus Anastrepha

(which includes A. ludens, the Mexican fruit fly), could affect

producers and treatment administrators in areas in Texas and California

regulated for the Mexican fruit fly and U.S. importers of citrus from

Mexico.

The effect of this rule in California should be almost nonexistent

as avocados are the major crop in the area in California where an

outbreak of the Mexican fruit fly has occurred.

Regulated areas in Texas comprise a major citrus-growing region of

the

[[Page 37665]]

United States. Four of the five regulated production areas in Texas

were infested with Mexican fruit flies in fiscal year (FY) 1996 and FY

1997. In treating fruit for export and for shipment to other U.S.

citrus-growing areas, producers generally use methyl bromide

fumigation, although other options are available. More than 90 percent

of the fruit treated are grapefruit; the rest are oranges. In FY 1996,

5.4 million pounds of citrus from regulated areas of Texas were

fumigated, and this amount increased to 19.2 million pounds in FY 1997.

Ninety percent of the treated fruit is shipped to California, and 10

percent, to Mexico.

Eight fumigation companies treat citrus shipped from the regulated

areas of Texas. The fumigation facilities are located in the packing

sheds of major packing houses. Some are private companies; others

operate as cooperatives. All of the fumigation companies can be

considered small entities by Small Business Administration standards

(annual revenue less than $5 million, averaged over 3 years).

The use of high-temperature forced air as an alternative treatment

for navel oranges could lead to a slight reduction in revenue for the

fumigation companies, if the new treatment is found by the growers to

be financially preferable. At growers' meetings in the area, the

possibility of building and operating one or two high-temperature

forced-air treatment facilities as cooperative ventures has been

discussed. However, the consensus has been that more information is

needed before the sizable expenditures such facilities would require

are made. Producers remain concerned about the speed with which the

fruit could be treated and the risk of fruit being damaged by the high

temperatures. Producers are unlikely to replace fumigation with the

proposed high-temperature forced-air process until these issues are

resolved to their satisfaction.

Mexico is a major supplier of oranges to the United States,

providing one-third or more of all oranges imported. Mexico exported

7,633 metric tons of oranges (worth about $3.7 million) to the United

States in 1996; 10,461 metric tons of oranges ($4.9 million) in 1997;

and 9,103 metric tons of oranges ($4.2 million) in 1998. Navel oranges

represent approximately 25 percent of the oranges imported from Mexico.

Importations of citrus that originate in certain areas of the State

of Sonora, Mexico, considered to be free of the Mexican fruit fly

require certification only. Oranges are the only fruit exported to the

United States from these areas.

Citrus imports from the rest of Mexico must be treated for

Anastrepha species. Methyl bromide fumigation has been and continues to

be an acceptable treatment, and, as of December 10, 1998, high-

temperature forced-air has been acceptable for use on tangerines,

oranges other than navel oranges, and grapefruit. A facility capable of

treating citrus with high-temperature forced air has been built in

Mexico; however, it is not yet in operation. The Mexico Citrus

Exporters Association estimates that use of the new facility could lead

to annual exports to the United States of an additional 453 metric tons

(1 million pounds) of navel oranges. To put this estimate in

perspective, this amount is 4.9 percent of the total Mexican orange

imports into the United States in 1998.

Citrus producers in the regulated areas in Texas are expected to

monitor the experiences of Mexican producers with the new treatment and

reassess its future adoption. Effects of this rule on fumigation

companies in the regulated areas of Texas (and on any fumigation

companies that may serve producers in the regulated areas in

California) are expected to be negligible to nonexistent. The proposed

treatment will provide another alternative for producers and fumigation

companies.

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 12988

This rule has been reviewed under Executive Order 12988, 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 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, we are amending 7 CFR parts 300 and 301 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, and 167; 7 CFR 2.22,

2.80, and 371.2(c).

2. In Sec. 300.1, paragraph (a) introductory text is revised to

read as follows:

Sec. 300.1 Materials incorporated by reference.

(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 June 1999 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 continues 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).

Sec. 301.64-10 [Amended]

4. In 301.64-10, paragraph (e), the words ``(except navel

oranges)'' are removed.

Done in Washington, DC, this 6th day of July 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-17613 Filed 7-12-99; 8:45 am]

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