Rules and Regulations Federal Register Vol

45151 Rules and Regulations Federal Register Vol. 66, No. 167 Tuesday, August 28, 2001 This section of the FEDERAL REGISTER PPQ, APHIS, 4700 River Road Unit 140, from trees in Placencia. No additional contains regulatory documents having general Riverdale, MD 20737–1236; (301) 734– Medflies have been trapped to date. applicability and legal effect, most of which 6799. Based on the lack of further detections, are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: BAHA and APHIS believe that there is Federal Regulations, which is published under not a reproducing Medfly population in 50 titles pursuant to 44 U.S.C. 1510. Background the Placencia area. Therefore, we are The Code of Federal Regulations is sold by The regulations in 7 CFR 319.56 making no changes to our proposal to the Superintendent of Documents. Prices of through 319.56–8 (referred to below as list all of Belize as Medfly-free under new books are listed in the first FEDERAL the regulations) prohibit or restrict the the regulations in § 319.56–2(j). REGISTER issue of each week. importation of fruits and vegetables into We solicited comments concerning the United States from certain parts of our proposal for 60 days ending October the world to prevent the introduction 20, 2000. We received 82 comments by DEPARTMENT OF AGRICULTURE and dissemination of fruit flies and that date. They were from producers, other injurious plant pests that are new exporters, researchers, and Animal and Plant Health Inspection to or not widely distributed within the representatives of State and foreign Service United States. governments. Seventy-five commenters On August 21, 2000, we published in generally supported the rule. Seven 7 CFR Parts 300 and 319 the Federal Register (65 FR 50655– commenters expressed concerns about [Docket No. 00–006–2] 50666, Docket No. 00–0061–1) a some aspect of the proposed rule. Their proposal to amend the regulations to list concerns are discussed below by topic. Importation of Fruits and Vegetables a number of fruits and vegetables from Papaya Systems Approach AGENCY: Animal and Plant Health certain parts of the world as eligible, We proposed to amend the Inspection Service, USDA. under specified conditions, for importation into the United States. In regulations in § 319.56–2w (referred to ACTION: Final rule. the proposal, we also proposed to below as the papaya systems approach) by adding several areas in Central SUMMARY: We are amending the fruits declare Los Cabos and La Paz, Baja America to the list of locations eligible and vegetables regulations to list a California Sur, Mexico, as fruit fly-free to export papayas to the United States number of fruits and vegetables from areas, and to declare Belize and the in accordance with the papaya systems certain parts of the world as eligible, Department of Pete´n, Guatemala, as approach. under specified conditions, for areas free of the Mediterranean fruit fly importation into the United States. All (Medfly). We proposed these actions at Comment: The listing of areas in of the fruits and vegetables, as a the request of various importers and proposed § 319.56–2w(a) is meaningless condition of entry, will be inspected foreign ministries of agriculture, and in terms of mitigating pest risk because 1 and subject to disinfection at the port of after conducting pest risk analyses that there are large populations of Medfly in first arrival as may be required by a U.S. indicated these actions could be taken those areas. Department of Agriculture inspector. In without significant risk of introducing Response: We did not intend for that addition, some of the fruits and plant pests into the United States. list of areas to serve as a mitigating vegetables will be required to be treated Since the publication of the proposed measure against the introduction of or meet other special conditions. This rule, the Government of Mexico has Medfly or other pests. Rather, the list of action will provide the United States reported infestations of the West Indian areas in § 319.56–2w(a) is necessary to with additional kinds and sources of fruit fly (Anastrepha obliqua) in both identify those areas that are eligible to fruits and vegetables while continuing the Los Cabos and La Paz areas of the export papayas to the United States to provide protection against the State of Baja California Sur, Mexico. We under the papaya systems approach. introduction of injurious plant pests by are therefore, withdrawing our proposal Comment: Fully green papayas have imported fruits and vegetables. to list those areas as fruit fly-free areas been reported to harbor Medfly. We are also recognizing the under the regulations in § 319.56–2(h). Therefore, APHIS must provide data Department of Pete´n in Guatemala and Also, on March 14, 2001, a single that demonstrate otherwise. all Districts in Belize as areas free of the female Medfly was found in a Jackson Response: Research conducted by Mediterranean fruit fly. This action will trap in the village of Placencia in the officials in Brazil, Costa Rica, and relieve import restrictions while Stann Creek District of Belize. Since Hawaii regarding the susceptibility of continuing to prevent the introduction March 14, the Belize Agriculture Health papaya at various stages of ripeness to of plant pests into the United States. Authority (BAHA) has increased infestation with fruit flies was critically trapping around the area where the reviewed by U.S. Department of DATES: This regulation is effective Medfly was detected. Further, BAHA Agriculture (USDA) personnel and August 28, 2001. The incorporation by has removed available Medfly host found to be satisfactory. The research reference of the material described in material (including guavas and cashews) demonstrates that less than one-half ripe the rule is approved by the Director of papayas (shell surface no more than the Federal Register as of August 28, 1 Information on these pest risk analyses and any one-quarter yellow, surrounded by light 2001. other pest risk analysis referred to in this document green) are not a host for Medfly or South FOR FURTHER INFORMATION CONTACT: may be obtained by writing to the person listed American fruit fly. Further, field and under FOR FURTHER INFORMATION CONTACT or by Donna L. West, Import Specialist, calling the Plant Protection and Quarantine (PPQ) cage tests conducted in Costa Rica and Phytosanitary Issues Management Team, fax vault at 301–734–3560. Brazil demonstrate that fully ripe VerDate 11<MAY>2000 18:18 Aug 27, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM pfrm04 PsN: 28AUR1 45152 Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Rules and Regulations papayas are not a preferred host of through the completion of harvest, fruit Response: We agree that treatment Medfly or South American fruit fly. fly traps must be maintained in the field may have an adverse effect on the In field tests in Costa Rica, papayas where the papayas are grown. The traps quality of papayas. However, each were purposely left on trees so that all must be placed at a rate of one trap per individual measure required under the stages of ripeness were represented at hectare and must be checked for fruit regulations is not intended to act as a all times, and fields growing papayas for flies at least once weekly by plant health stand-alone treatment for Medfly, South survey were not treated with pesticides. officials of the national plant protection American fruit fly, or any other pest. Approximately 100,000 papayas were organization. Fifty percent of the traps The measures are overlapping, examined over the course of 3 years. No must be of the McPhail type, and 50 redundant safeguards that collectively Anastrepha spp. fruit flies were found percent of the traps must be of the form a systems approach to the in any of the papayas, even in almost Jackson type. importation of papayas from Brazil, fully ripe fruits, and no Medflies were The systems approach identifies Costa Rica, El Salvador, Guatemala, found in papayas that were less than trapping thresholds that will trigger Honduras, Nicaragua, and Panama. three-quarters ripe. In those 100,000 action if the Medfly population in a Therefore, we believe the systems papayas, only 6 Medfly larvae were papaya production area is too large. approach protects against the risks found in fruit that was three-quarters Specifically, in order to monitor the resulting from an occasional ripe or more. Those six larvae, plus trap Medfly levels in commercial papaya inadequately treated shipment of catches in the areas where research was production areas, we require that if the papayas. This is to say that, even in the conducted in Costa Rica, indicate that average Jackson trap catch is greater event that a shipment of papayas is not Medflies were present in the area, but than seven Medflies per trap per week, treated properly, we believe that the that Medflies do not prefer papayas, measures, which may include other mitigating measures employed by especially papayas that are less than Malathion bait sprays or other chemical the systems approach will be adequate one-half ripe. sprays, must be taken to control the to protect against the shipment being In forced tests in Costa Rica, no Medfly population in the production infested with fruit flies. The Medfly or Anastrepha spp. larvae were area. If the average Jackson trap catch requirement that all shipments of found in papayas that were green to exceeds 14 Medflies per trap per week, papayas imported under the systems quarter-ripe, and only one larva was importations of papayas from that approach must be accompanied by a found in a half-ripe papaya.

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