Phytophthora Ramorum; Vacuum Heat Treatment for Bay Leaves, 36330-36332 [05-12437]
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36330
Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Rules and Regulations
PART 301—DOMESTIC QUARANTINE
NOTICES
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 9207–9210 on
February 25, 2005.
I
Done in Washington, DC, this 17th day of
June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–12436 Filed 6–22–05; 8:45 am]
BILLING CODE 3410–34–P
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
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 ‘‘SubpartPhytophthora 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
§ 301.92–2 of the regulations.
In subsequent Federal Orders, the
Animal and Plant Health Inspection
VerDate jul<14>2003
19:30 Jun 22, 2005
Jkt 205001
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 § 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 °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
§ 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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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 T101m-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 § 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
E:\FR\FM\23JNR1.SGM
23JNR1
Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Rules and Regulations
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 hotair 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
36331
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
Capital costs .............................................................................................................................................
Operating costs 1 ......................................................................................................................................
$4.41/metric ton of commodity treated.
$25.00/metric ton of commodity treated.
Total cost ..........................................................................................................................................
$29.41/metric ton of commodity treated.
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
VerDate jul<14>2003
19:30 Jun 22, 2005
Jkt 205001
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.
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.
Frm 00007
Fmt 4700
Sfmt 4700
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.
Accordingly, we are amending 7 CFR
parts 301 and 305 as follows:
I
PART 301—DOMESTIC QUARANTINE
NOTICES
Executive Order 12372
PO 00000
7 CFR Part 305
1. The authority citation for part 301
continues to read as follows:
I
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).
2. Section 301.92–10 is revised to read
as follows:
I
§ 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 °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 °F.
PART 305—PHYTOSANITARY
TREATMENTS
3. The authority citation for part 305
continues to read as follows:
I
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36332
Federal Register / Vol. 70, No. 120 / Thursday, June 23, 2005 / Rules and Regulations
Authority: 7 U.S.C. 7701–7772; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
I 4. In § 305.1, a definition for vacuum
heat treatment is added, in alphabetical
order, to read as follows:
§ 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.
*
*
*
*
*
5. Section 305.2 is amended as follows:
I a. In the introductory text of paragraph
(h)(2), by adding the words ‘‘§ 305.29 for
vacuum heat (VCH),’’ after the word
‘‘(FHA),’’.
I
*
*
Approved treatments.
*
*
(h) * * *
(2) * * *
(ii) * * *
*
*
Pest
Treatment
schedule
*
*
Phytophthora ramorum ...........................
*
VCH T111–a–1
*
*
*
*
*
*
*
6. A new § 305.29 is added to read as
follows:
I
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 °C at 5 hours. After 5 hours,
gradually lower the temperature to 30 °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]
*
*
of the H5N1 subtype of highly
pathogenic avian influenza and to
establish additional permit and
quarantine requirements for U.S. origin
pet birds and performing or theatrical
birds and poultry returning to the
United States. In the preamble of the
interim rule, we specified that the
additional restrictions in part 94 would
apply only to unprocessed bird and
poultry products, but mistakenly
omitted the word ‘‘unprocessed’’ in the
rule portion; in this document, we are
correcting this error.
This amendment is effective June
23, 2005.
DATES:
9 CFR Part 94
For
information concerning bird and poultry
products, contact Dr. Tracye Butler,
Senior Staff Veterinarian, National
Center for Import and Export, VS,
APHIS, 4700 River Road Unit 40,
Riverdale, MD 20737–1231; (301) 734–
3277. For information concerning live
birds and poultry, contact Dr. Julie
Garnier, Staff Veterinarian, National
Center for Import and Export, VS,
APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737–1231; (301) 734–
8364.
[Docket No. 04–011–2]
SUPPLEMENTARY INFORMATION:
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
Highly Pathogenic Avian Influenza;
Additional Restrictions
Animal and Plant Health
Inspection Service, USDA.
ACTION: Technical amendment.
AGENCY:
SUMMARY: In an interim rule published
in the Federal Register on May 10,
2004, we amended the regulations
concerning the importation of animals
and animal products to prohibit or
restrict the importation of birds, poultry,
and bird and poultry products from
regions that have reported the presence
19:30 Jun 22, 2005
*
*
*
Bay leaves ..............................................
*
VerDate jul<14>2003
§ 305.2
Commodity
Location
§ 305.29
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:
I
Jkt 205001
FOR FURTHER INFORMATION CONTACT:
In an
interim rule published in the Federal
Register on May 10, 2004 (69 FR 25820–
25826, Docket No. 04–011–1), we
amended the animal import regulations
in 9 CFR parts 93, 94, and 95 to prohibit
or restrict the importation of birds,
poultry, and bird and poultry products
from regions that have reported the
presence of the H5N1 subtype of highly
pathogenic avian influenza (HPAI) and
to establish additional permit and
quarantine requirements for U.S. origin
pet birds and performing or theatrical
birds and poultry returning to the
United States.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
*
*
In the May 2004 interim rule, we
specified in the preamble that
unprocessed bird and poultry carcasses,
parts, and products from regions where
HPAI subtype H5N1 exists would be
eligible for importation only if
accompanied by an import permit and
only if they are research or educational
materials destined for a museum,
educational institution, or research
institution. However, in the rule portion
of the interim rule we mistakenly
omitted the word ‘‘unprocessed,’’
thereby holding both processed and
unprocessed bird and poultry products
to these restrictions. Therefore, in this
document we are amending § 94.6,
paragraph (e), to correct this omission.
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock,
Meat and meat products, Milk, Poultry
and poultry products, Reporting and
recordkeeping requirements.
I Accordingly, we are amending 9 CFR
part 94 as follows:
PART 94—RINDERPEST, FOOT–AND–
MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE
DISEASE, AFRICAN SWINE FEVER,
CLASSICAL SWINE FEVER, AND
BOVINE SPONGIFORM
ENCEPHALOPATHY: PROHIBITED
AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94
continues to read as follows:
I
Authority: 7 U.S.C. 450, 7701–7772, and
8301–8317; 21 U.S.C. 136 and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
§ 94.6
[Amended]
2. In § 94.6, the paragraph heading and
first sentence of paragraph (e) are
amended by removing the word
‘‘Carcasses’’ and by adding the words
‘‘Unprocessed carcasses’’ in their place.
I
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]]>Agencies
[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Rules and Regulations]
[Pages 36330-36332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12437]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Capital costs............................... $4.41/metric ton of commodity treated.
Operating costs \1\......................... $25.00/metric ton of commodity treated.
-------------------------------------------------------------------
Total cost.............................. $29.41/metric ton of commodity treated.
----------------------------------------------------------------------------------------------------------------
\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.
0
Accordingly, we are amending 7 CFR parts 301 and 305 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
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).
0
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
0
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.
0
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.
* * * * *
0
5. Section 305.2 is amended as follows:
0
a. In the introductory text of paragraph (h)(2), by adding the words
``Sec. 305.29 for vacuum heat (VCH),'' after the word ``(FHA),''.
0
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) * * *
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Bay leaves............ Phytophthora ramorum.. VCH T111-a-1
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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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
