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Rules and Regulations Federal Register Vol 4451 Rules and Regulations Federal Register Vol. 71, No. 18 Friday, January 27, 2006 This section of the FEDERAL REGISTER an alternative to the currently approved 9, 2005. We received 13 comments by contains regulatory documents having general treatments for those commodities while that date. They were from producers, applicability and legal effect, most of which continuing to provide protection against researchers, representatives of State and are keyed to and codified in the Code of the spread of plant pests from Hawaii foreign agricultural departments, an Federal Regulations, which is published under into the continental United States. international industry organization, a 50 titles pursuant to 44 U.S.C. 1510. EFFECTIVE DATE: February 27, 2006. public interest organization, and a The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: Dr. private citizen. The comments are the Superintendent of Documents. Prices of Inder P.S. Gadh, Senior Risk Manager, discussed below by topic. new books are listed in the first FEDERAL Commodity Import Analysis & Issue Outside the Scope of APHIS’ REGISTER issue of each week. Operations, PPQ, APHIS, 4700 River Authority Road Unit 133, Riverdale, MD 20737– One commenter raised an issue that 1236; (301) 734–8758. DEPARTMENT OF AGRICULTURE concerns a matter under the regulatory SUPPLEMENTARY INFORMATION: authority of the Food and Drug Animal and Plant Health Inspection Background Administration (FDA), not the Animal Service and Plant Health Inspection Service The phytosanitary treatments (APHIS). Specifically, the commenter 7 CFR Parts 301, 305, 318, and 319 regulations contained in 7 CFR part 305 expressed concern that irradiation will set out standards and schedules for [Docket No. 03–077–2] make foods unsafe to eat. The treatments required in 7 CFR parts 301, commenter stated that irradiation 318, and 319 for fruits, vegetables, and Treatments for Fruits and Vegetables produced 2-alkylcyclobutanones, which other articles to prevent the she contended is a dangerous residue AGENCY: Animal and Plant Health introduction or dissemination of plant chemical present in irradiated fruits and Inspection Service, USDA. pests or noxious weeds into or through vegetables. ACTION: Final rule. the United States. Within 7 CFR part The FDA has primary regulatory 305, the irradiation treatments subpart responsibility for ensuring that SUMMARY: We are amending the (§§ 305.31 through 305.34, referred to approved irradiation doses do not regulations by revising the approved below as the regulations) sets out render foods unsafe to eat. FDA doses for irradiation treatment of standards and minimum doses for regulations (21 CFR 179.26) establish a imported fruits and vegetables. This rule irradiation treatment for imported fruits limit of 1.0 kilogray for disinfestation of will establish a new minimum generic and vegetables and for regulated articles arthropod pests in fresh fruits and dose of irradiation for most plant pests moved interstate from quarantined areas vegetables. All of the irradiation doses of the class Insecta, establish a new within the United States, along with contained in this rule are significantly minimum generic dose for the fruit fly other requirements for performing less than this approved safe dose limit. family, reduce the minimum dose of irradiation treatments. irradiation for some specific fruit fly On June 10, 2005, we published in the Use of Irradiation to Treat Cut Flowers species, add 10 pests to the list of pests Federal Register (70 FR 33857–33873, and Foliage for which irradiation is an approved Docket No. 03–077–1) a proposal to One commenter requested that we treatment at less than the generic dose, amend the regulations by making also provide for the use of irradiation to and provide for the use of irradiation as several amendments to the irradiation treat cut flowers and foliage that are a treatment for cut flowers and foliage. treatment regulations for imported fruits subject to treatment requirements in the These actions will allow the use of and vegetables, for fruits and vegetables regulations. irradiation to neutralize more pests and moved interstate from Hawaii, Puerto We agree that cut flowers and foliage to neutralize some pests at lower doses. Rico, and the U.S. Virgin Islands, and that are hosts of pests for which Furthermore, we are providing for the for regulated articles moved interstate irradiation is an approved treatment can irradiation of fruits and vegetables from areas quarantined for Mexican fruit be treated at the pest-specific doses moved interstate from Hawaii at the fly or Mediterranean fruit fly. We also provided in this final rule. Therefore, in pest-specific irradiation doses that are proposed to provide for the use of this final rule we have amended the now approved for imported fruits and irradiation treatment for bananas moved phytosanitary treatment regulations as vegetables. We are also providing for the interstate from Hawaii and to provide well as the Hawaiian and territorial use of irradiation to treat fruits and for the use of a vapor heat treatment for quarantine regulations to provide for the vegetables moved interstate from Puerto sweetpotatoes moved interstate from use of irradiation to treat cut flowers Rico and the U.S. Virgin Islands. These Hawaii. and foliage. Specifically, we have actions will allow irradiation to serve as On June 20, 2005, the Federal amended paragraph (a) of § 305.31 to an alternative to other approved Register published a correction (70 FR provide that irradiation at the pest- treatments for additional commodities 35500) to the table in § 305.31(a) of our specific doses may be used to treat cut moved interstate from Hawaii, Puerto proposal in which the generic dose for flowers and foliage. We have also Rico, and the U.S. Virgin Islands. all pests of the phylum Arthropoda, amended § 305.31 by replacing the Finally, we are adding irradiation as a excluding adults and pupae of the order words ‘‘fruits and vegetables’’ with the treatment for bananas from Hawaii and Lepidoptera, was corrected to read 400 word ‘‘article’’ each time they occur. adding vapor-heat treatment as an gray. Sections 305.34, 318.13–4f, and 318.58– optional treatment for sweetpotatoes We solicited comments concerning 4b provide administrative instructions from Hawaii. These actions will provide our proposal for 60 days ending August for irradiation treatment of certain fruits VerDate Aug<31>2005 15:14 Jan 26, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\27JAR1.SGM 27JAR1 rmajette on PROD1PC67 with RULES 4452 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations and vegetables from Hawaii, Puerto pests. It is true that several technologies lowering the dose for West Indian fruit Rico, and the U.S. Virgin Islands, under development may also provide fly to 70 Gy. respectively. We have amended these effective treatments for various plant We have reviewed the research sections by replacing the words ‘‘fruits pests (e.g., pressure treatments, submitted by the commenter and agree and vegetables’’ with the word ‘‘article’’ controlled atmosphere, and laser that the dose for West Indian fruit fly each time they occur. Finally, we have ultraviolet light pulses). To date, we (Anastrepha obliqua) should be lowered amended the cut flowers regulations in have not seen conclusive scientific to 70 Gy and have done so in this final § 319.74–2 by adding a new paragraph documentation that establishes standard rule. (d) to indicate that cut flowers may be methodologies for these treatments, or Two commenters stated that it was treated at the pest-specific irradiation that demonstrates that these treatments unnecessary to list green scale in the doses listed in § 305.31(a). Cut flowers effectively control pests of concern in pest table in § 305.31 because it requires and foliage are also subject to the fruits and vegetables subject to APHIS the generic dose (400 Gy). One packaging requirements provided in regulations. APHIS is always willing to commenter noted that this implied that §§ 305.31 and 305.34 of the regulations. evaluate petitions to add new treatments 400 Gy was the lowest possible dose Irradiation may have negative effects to our import regulations. Petitioners that can control green scale. The second on the quality of cut flowers, and the should submit a detailed description of commenter added that there has been no shipper and facility operator are the methodology and standards of the large-scale research done on this dose, responsible for determining tolerance of treatment to be evaluated, and should but that preliminary research at the cut flowers to treatment. APHIS include any scientific studies that University of Hawaii suggested 250 Gy assumes no responsibility for any loss or document the effectiveness of the would control green scale. damage that may result in the use of treatment and related issues (e.g., We agree with these commenters and irradiation. quality effects on treated articles). have amended the table in § 305.31(a) by removing the entry for Coccus viridis, Use of Irradiation To Control Pests One commenter stated that the green scale. Two commenters objected to the use proposed rule could stimulate the One commenter recommended adding of irradiation to treat imported fruits construction of more irradiation a statement in the final rule that lower and vegetables. One commenter stated facilities, some of which could use irradiation doses might be sufficient for that food in the United States has been radioactive cobalt-60 or cesium-137, the plant pests being added in this rule altered so much that it has become which Federal regulations permit. The in order to encourage more research on inferior to food in Europe. A second commenter stated that these facilities minimum irradiation levels. commenter stated that APHIS should will pose serious risks to the We are not making any changes as a not employ irradiation as a treatment communities where they are built.
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