[Federal Register: June 23, 2005 (Volume 70, Number 120)]
[Rules and Regulations]
[Page 36330-36332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn05-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 301 and 305
[Docket No. 04-092-2]
Phytophthora Ramorum; Vacuum Heat Treatment for Bay Leaves
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the phytosanitary treatments regulations to
allow leaves of the California bay laurel (Umbellularia californica) to
be treated with vacuum heat before being moved interstate from any area
quarantined because of Phytophthora ramorum. This action will provide
an alternative to the hot water dip that had been the only approved
treatment for the greenery of host plants, which include California bay
laurel leaves, but that ruined the suitability of the leaves for use as
a dried spice.
DATES: Effective June 23, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. James Writer, Assistant P. ramorum
Program Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700
River Road Unit 134, Riverdale, MD 20737-1231; (301) 734-7121.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Phytophthora Ramorum'' (7 CFR 301.92
through 301.92-11, referred to below as the regulations) list 10
counties in California and a portion of Curry County in Oregon as
quarantined areas due to the presence of Phytophthora ramorum and
restrict the interstate movement of regulated articles from those
areas. Regulated articles are identified in Sec. 301.92-2 of the
regulations.
In subsequent Federal Orders, the Animal and Plant Health
Inspection Service (APHIS) expanded the list of quarantined areas to
include Contra Costa, Humboldt, Lake, and San Francisco Counties, CA,
as well as another portion of Curry County, OR, and expanded the list
of regulated articles to include additional confirmed hosts of P.
ramorum.
The regulations in Sec. 301.92-10 provide treatments that may be
used to qualify regulated articles for interstate movement from
quarantined areas. For unprocessed wreaths, garlands, and greenery of
host plants, the only approved treatment has consisted of a hot water
dip for 1 hour at a sustained temperature of at least 160 [deg]F.
However, this treatment is not a viable option for treating leaves from
the California bay laurel (Umbellularia californica), as it ruins the
leaves for their intended use as a dried spice.
On February 8, 2005, we published in the Federal Register (70 FR
6596-6598, Docket No. 04-092-1) a proposal to amend the Plant
Protection and Quarantine Treatment Manual (PPQ Treatment Manual),
which was incorporated by reference in the Code of Federal Regulations,
to allow leaves of the California bay laurel to be treated with vacuum
heat before being moved interstate from any area quarantined because of
P. ramorum. In addition to adding this vacuum heat treatment schedule,
which we would have designated as T101-m-2-1-2, to the PPQ Treatment
Manual, we also proposed amending the PPQ Treatment Manual's
incorporation by reference in 7 CFR part 300.1 to reflect the date of
the treatment's inclusion in the manual, and the list of accepted
treatments in Sec. 301.92-10 to include any treatments authorized for
use on P. ramorum that are listed in the PPQ Treatment Manual.
We solicited comments concerning our proposal for 60 days ending
April 11, 2005. We received one comment by that date, from a spice
trade association. The commenter was in favor of amending the
regulations to allow California bay laurel leaves to be treated with
vacuum heat before moving interstate from areas quarantined because of
P. ramorum.
In the proposed rule, we proposed adding the vacuum heat treatment
for bay leaves to the PPQ Treatment Manual. However on June 7, 2005, we
published in the Federal Register a final rule (70 FR 33264-33326,
Docket No. 02-019-1) that removed the PPQ Treatment Manual's
incorporation by reference and relocated the portions of the PPQ
Treatment Manual that prescribe treatment schedules, instructions for
administering the treatments, and requirements for certification of
facilities that administer the treatments to 7 CFR part 305,
``Phytosanitary Treatments.'' Therefore, in this final rule, we are
adding the vacuum heat treatment for bay leaves to part 305 rather than
the PPQ Treatment Manual.
In addition, in the proposed rule, the vacuum heat treatment for
use on bay leaves was given the designation T101-m-2-1-2, but the T101
numbering series is used to refer to fumigation treatments. As the
vacuum heat treatment described in the proposed rule and this final
rule is not a fumigation treatment, we are designating the treatment as
T111-a-1 and are adding it to the regulations as a new Sec. 305.29 in
the ``Heat Treatments'' subpart.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. The regulations have required that the greenery of P.
ramorum host plants, which include California bay laurel, grown in a
quarantined area be treated with a hot water dip before being moved
interstate from a quarantined area. Making this rule effective
immediately will provide entities that produce and market spices with
an alternative treatment for bay laurel leaves produced in areas
quarantined because of P. ramorum that will not render the leaves
unsuitable for their intended use as a dried spice. Therefore, the
Administrator of the Animal and Plant Health Inspection Service has
determined that this rule should be effective upon publication in the
Federal Register.
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 under
Executive Order 12866.
This final rule amends the phytosanitary treatments regulations to
allow leaves of the California bay laurel to be treated with vacuum
heat before being moved interstate from any area quarantined because of
P. ramorum. This action will provide an alternative
[[Page 36331]]
to the currently approved hot water dip used to treat California bay
laurel leaves, which ruins the suitability of the leaves for use as a
dried spice.
Vacuum heat treatment costs are similar to costs of vapor heat and
hot-air treatment systems. All three treatments require substantial
initial capital investments ranging from $55,000 to $200,000 for larger
commercial facilities. By comparison, hot water immersion treatment
systems can be assembled for less than $8,000. Clearly, hot-water
immersion treatment is less expensive, but in this case it is not
feasible because it renders the treated article--bay leaves--unsuitable
for its use as a dried spice.
Table 1 shows that representative unit costs for hot air or vapor
heat treatments total less than $30 per ton of commodities treated. The
cost of vacuum heat treatment is comparable. This cost is higher than
the unit cost of hot water immersion, given the large difference in
capital costs indicated above, but is relatively minor when compared to
the value of the commodity being treated.
Table 1.--Representative Costs of Hot Air or Vapor Heat Treatment of a Perishable Commodity
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Capital costs............................... $4.41/metric ton of commodity treated.
Operating costs \1\......................... $25.00/metric ton of commodity treated.
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Total cost.............................. $29.41/metric ton of commodity treated.
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\1\ Labor, energy, maintenance, and insurance.
One pound of dried bay leaves sells for $3.75, that is, $8,267.33
per metric ton. Thus, the representative cost shown in table 1 is equal
to less than 0.4 percent of the sales price of the spice. Compared to
other costs, such as harvesting, storage, processing, packaging, and
transport, the cost of the vacuum heat treatment is relatively
insignificant overall.
We also note that use of the vacuum heat treatment would be on a
voluntary basis to qualify dried bay leaves for interstate movement
from the quarantined counties.
According to the 2002 Agricultural Census, there were approximately
600 nurseries in the 14 California counties operating under quarantine
for P. ramorum. The 600 nurseries reported approximately $882 million
in annual sales. A small nursery, according to Small Business
Administration size standards (SBA), is one with $750,000 or less in
annual receipts. APHIS does not have information on the size
distribution of the nurseries in the 14 counties, in terms of annual
receipts. We also do not have information on the number of these
nurseries that have bay laurel trees and seedlings for sale, or of the
quantity of bay laurel leaves they produce and the percentage sold to
customers outside the quarantined area.
It is expected that, primarily, producers/processors of bay leaves
will conduct the vacuum heat treatment. According to the 2002 Economic
Census, there were approximately 44 spice and extract manufacturing
establishments (NAICS 311942) in California, employing 1,521 people (or
an average of 34 persons per entity). No data are available for
California by county. According to SBA's criteria, the size standard
for a small entity in this industry is 500 or fewer employees. However,
information on the size distribution of these establishments was
unavailable. Even though the number and size of the entities that could
be affected by the final rule is unknown, we have no evidence
indicating that there would be a significant economic impact on any
entity, large or small.
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 final 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 final 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 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
7 CFR Part 305
Agricultural commodities, Chemical treatment, Cold treatment,
Garbage treatment, Heat treatment, Imports, Irradiation, Phytosanitary
treatment, Plant diseases and pests, Quarantine, Quick freeze,
Reporting and recordkeeping requirements, Transportation.
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Accordingly, we are amending 7 CFR parts 301 and 305 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
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1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
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2. Section 301.92-10 is revised to read as follows:
Sec. 301.92-10 Treatments.
Treatment schedules listed in part 305 of this chapter to destroy
Phytophthora ramorum are authorized for use on certain regulated
articles. The following treatments also may be used for the regulated
articles indicated:
(a) Soil--Heat to a temperature of at least 180 [deg]F for 30
minutes in the presence of an inspector.
(b) Wreaths, garlands, and greenery of host material--Dip for 1
hour in water that is held at a temperature of at least 160 [deg]F.
PART 305--PHYTOSANITARY TREATMENTS
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3. The authority citation for part 305 continues to read as follows:
[[Page 36332]]
Authority: 7 U.S.C. 7701-7772; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
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4. In Sec. 305.1, a definition for vacuum heat treatment is added, in
alphabetical order, to read as follows:
Sec. 305.1 Definitions.
* * * * *
Vacuum heat treatment. The treated commodity is held in a gas-tight
enclosure and heated to a specified temperature for a specific time
period to kill targeted pests.
* * * * *
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5. Section 305.2 is amended as follows:
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a. In the introductory text of paragraph (h)(2), by adding the words
``Sec. 305.29 for vacuum heat (VCH),'' after the word ``(FHA),''.
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b. In paragraph (h)(2)(ii), the table is amended by adding, under
``Areas in the United States under Federal Quarantine for the listed
pest'', an entry for bay leaves to read as follows:
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(ii) * * *
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Location Commodity Pest Treatment schedule
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* * * * * * *
Bay leaves............ Phytophthora ramorum.. VCH T111-a-1
* * * * * * *
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* * * * *
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6. A new Sec. 305.29 is added to read as follows:
Sec. 305.29 Vacuum heat treatment schedule.
T111-a-1. Place bay leaves in a vacuum chamber. Starting at 0 hour,
gradually reduce to 0.133 Kpa vacuum at 8 hours. Maintain the vacuum
until the end of the treatment. Gradually increase the temperature in
the vacuum chamber from ambient temperature at 0 hour to 60 [deg]C at 5
hours. After 5 hours, gradually lower the temperature to 30 [deg]C at
22 hours. The length of the treatment is 22 hours.
Done in Washington, DC, this 17th day of June, 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-12437 Filed 6-22-05; 8:45 am]
BILLING CODE 3410-34-P