[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Rules and Regulations]
[Page 57121-57122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se05-1]
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[[Page 57121]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-127-2]
West Indian Fruit Fly; Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the West Indian fruit fly regulations by removing
grapefruit, sweet lime, sour orange, and sweet orange from the list of
regulated articles. A review of available scientific literature and
other information led us to conclude that these citrus fruits do not
present a risk of spreading West Indian fruit fly. This action affirms
the elimination of restrictions on the interstate movement of these
citrus fruits from areas quarantined because of the West Indian fruit
fly.
DATES: The interim rule became effective on April 26, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Program
Manager, PPQ, APHIS, 4700 River Road, Unit 134, Riverdale, MD 20737-
1236; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
The West Indian fruit fly regulations, contained in 7 CFR 301.98
through 301.98-10 (referred to below as the regulations), restrict the
interstate movement of regulated articles from quarantined areas to
prevent the spread of West Indian fruit fly (Anastrepha obliqua) to
noninfested areas of the United States. Regulated articles are listed
in Sec. 301.98-2, and quarantined areas are listed in Sec. 301.98-
3(c). There are currently no areas in the continental United States
quarantined for the West Indian fruit fly.
In an interim rule effective and published in the Federal Register
on April 26, 2005 (70 FR 21325-21326, Docket No. 04-127-1), we amended
the regulations by removing grapefruit, sweet lime, sour orange, and
sweet orange from the list of regulated articles for West Indian fruit
fly because the available information indicates that these fruit do not
present a risk of spreading West Indian fruit fly.
Comments on the interim rule were required to be received on or
before June 27, 2005. We received one comment by that date. The
commenter--a State government official--raised several issues, which
are addressed below.
First, the commenter stated that the literature and record review
used as the basis of the interim rule not only provides weak support
for removing Citrus spp. as a host of West Indian fruit fly, but
actually substantiates Citrus spp. as an occasional host. We disagree
with this comment. The literature review examined nine papers that were
based on original research and that supported Citrus spp. as a host to
West Indian fruit fly. A detailed evaluation of these papers' quality
led APHIS to conclude that the evidence supported only a low likelihood
that Citrus spp. are a host. After conducting this review and examining
the multi-year interception data included in the report, we do not
believe that the low likelihood of Citrus spp. being a host is
sufficient to support the continued listing of these fruits as
regulated articles.
Second, the commenter stated that without formal regulations for
West Indian fruit fly and with the lack of a sensitive and effective
detection trap, a serious threat is posed for too many commercial and
dooryard hosts in Florida, including mango, guava, carambola, avocado,
pear, peach, and other tropical fruits. We are making no changes based
on this comment. The interim rule did not remove all of the regulations
for West Indian fruit fly. Instead, the interim rule simply removed
four articles--grapefruit, sweet lime, sour orange, and sweet orange--
from the list of regulated articles; the remaining provisions of the
regulations will remain intact. In addition, we will continue using our
current detection system, which has proven to be an effective method
for determining if a population of fruit flies exists.
Third, the commenter stated that the interception records cited do
not provide reliable data either due to inadequate identification of
specimens or a low interception rate of hosts. The commenter stated
that over 3,000 Anastrepha spp. larvae per year were intercepted over
the period listed in Table 1 of the literature review, which identifies
a high rate of risk. We are unclear on the source and context of the
number cited by the commenter. Table 1 in the literature review
presented interception data from the Greater and Lesser Antilles. Of
17,258 interceptions, only 8 interceptions were reported as occurring
in Citrus spp. Upon a closer review of these eight reports, most were
deemed invalid as proof of infestation--three were reported as on fruit
(not in fruit), two were listed as adults, one was listed as on leaves,
and one was from citrus obtained in Haiti and intended for use as on-
board food on an airline flight that departed from Haiti. The final
interception could have been Anastrepha suspensa, as this pest is known
to use Citrus spp. as a host and Anastrepha obliqua larvae can not be
reliably differentiated from Anastrepha suspensa larvae using keys.
Given this analysis, the evidence supported a conclusion of low
likelihood of the host status of Citrus spp.
Finally, the commenter called for additional data and scientific
justification for the change in the regulations and suggested that an
interactive risk assessment be conducted by APHIS in concert with
certain concerned and affected States before further action is taken.
We are making no changes based on this comment. We continue to believe
that the information contained in the literature review provides a
sufficient basis for our determination that there is only a low
likelihood that Citrus spp. would be a host to West Indian fruit fly.
If more research regarding this topic is published, we may reevaluate
the host status of Citrus spp. with respect to West Indian fruit fly.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule without
change.
[[Page 57122]]
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 70
FR 21325-21326 on April 26, 2005.
Done in Washington, DC, this 26th day of September 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-19576 Filed 9-29-05; 8:45 am]
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