This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

67761

Vol. 62, No. 249

Tuesday, December 30, 1997

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.

SUMMARY: We are proposing to allow the

use of a process involving hightemperature 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

rcampbell@aphis.usda.gov.

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 § 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

§ 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 °F (48 °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 § 301.64–

10 to allow for the use of the hightemperature 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 § 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 § 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 § 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 § 301.64–10 (b) and (c). These

treatments are cultural practices to be

performed by producers in the groves
67762 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Proposed Rules

and fields, not quarantine treatments to

be performed on the regulated articles as

are the cold, methyl bromide, and hightemperature forced-air treatments.

However, we are proposing some minor

grammatical and punctuation changes to

§ 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 °F (45 °C) or higher

for 210 minutes. (Treatment time begins

when the coldest air temperature sensor

reaches 113 °F.) Record the temperature

of each sensor at least once every 2

minutes throughout the treatment. Any

temperature reading below 113 °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 °F (46 °C) or higher for

250 minutes. (Treatment time begins

when the coldest air temperature sensor

reaches 114.8 °F.) Record the

temperature of each sensor at least once

every 2 minutes throughout the

treatment. Any temperature reading

below 114.8 °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 °F (46 °C) or

higher for 300 minutes. (Treatment time

begins when the coldest air temperature

sensor reaches 114.8 °F.) Record the

temperature of each sensor at least once

every 2 minutes throughout the

treatment. Any temperature reading

below 114.8 °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. Hightemperature 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 forcedair 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-
Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Proposed Rules 67763

temperature forced air is financially

preferable to using fumigation. No

facilities currently exist in Texas that

are capable of performing hightemperature forced-air treatments.

However, in recent meetings of growers

in the regulated areas, the possibility of

building and operating one or two hightemperature 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 § 300.1, paragraph (a), the

introductory text would be revised to

read as follows:

§ 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

lll 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 § 301.64–1, a new definition

would be added in alphabetical order to

read as follows:

§ 301.64–1 Definitions.

* * * * *

PPQ Treatment Manual. The Plant

Protection and Quarantine Treatment

Manual, which is incorporated by

reference at § 300.1 of this chapter.

* * * * *

5. Section 301.64–10 would be

revised to read as follows:

§ 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 § 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. Hightemperature 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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