80_FR_10700 80 FR 10661 - Notice of Availability of a Treatment Evaluation Document; Methyl Bromide Fumigation of Figs

80 FR 10661 - Notice of Availability of a Treatment Evaluation Document; Methyl Bromide Fumigation of Figs

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 39 (February 27, 2015)

Page Range10661-10662
FR Document2015-04172

We are advising the public that we have determined that it is necessary to immediately add to the Plant Protection and Quarantine Treatment Manual a new treatment schedule for methyl bromide fumigation of figs for external pests, including Chilean false red mite. We have prepared a treatment evaluation document that describes the new treatment schedule and explains why we have determined that it is effective at neutralizing these pests. We are making the treatment evaluation document available to the public for review and comment.

Federal Register, Volume 80 Issue 39 (Friday, February 27, 2015) 
[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Pages 10661-10662]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04172]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0007]


Notice of Availability of a Treatment Evaluation Document; Methyl 
Bromide Fumigation of Figs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability.

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SUMMARY: We are advising the public that we have determined that it is 
necessary to immediately add to the Plant Protection and Quarantine 
Treatment Manual a new treatment schedule for methyl bromide fumigation 
of figs for external pests, including Chilean false red mite. We have 
prepared a treatment evaluation document that describes the new 
treatment schedule and explains why we have determined that it is 
effective at neutralizing these pests. We are making the treatment 
evaluation document available to the public for review and comment.

DATES: We will consider all comments that we receive on or before May 
28, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0007.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0007, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2015-
0007 or in our reading room, which is located in Room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Inder P.S. Gadh, Senior Risk 
Manager-Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 
20737; (301) 851-2018.

SUPPLEMENTARY INFORMATION: The regulations in 7 CFR chapter III are 
intended, among other things, to prevent the introduction or 
dissemination of plant pests and noxious weeds into or within the 
United States. Under the regulations, certain plants, fruits, 
vegetables, and other articles must be treated before they may be moved 
into the United States or interstate. The phytosanitary treatments 
regulations contained in 7 CFR part 305 (referred to below as the 
regulations) set out standards for treatments required in 7 CFR parts 
301, 318, and 319 for fruits, vegetables, and other articles.
    In Sec.  305.2, paragraph (b) states that approved treatment 
schedules are set out in the Plant Protection and

[[Page 10662]]

Quarantine (PPQ) Treatment Manual.\1\ Section 305.3 sets out a process 
for adding, revising, or removing treatment schedules in the PPQ 
Treatment Manual. In that section, paragraph (b) sets out the process 
for adding, revising, or removing treatment schedules when there is an 
immediate need to make a change. The circumstances in which an 
immediate need exists are described in Sec.  305.3(b)(1). They are:
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    \1\ The Treatment Manual is available on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf or by contacting the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Manuals Unit, 
92 Thomas Johnson Drive, Suite 200, Frederick, MD 21702.
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     PPQ has determined that an approved treatment schedule is 
ineffective at neutralizing the targeted plant pest(s).
     PPQ has determined that, in order to neutralize the 
targeted plant pest(s), the treatment schedule must be administered 
using a different process than was previously used.
     PPQ has determined that a new treatment schedule is 
effective, based on efficacy data, and that ongoing trade in a 
commodity or commodities may be adversely impacted unless the new 
treatment schedule is approved for use.
     The use of a treatment schedule is no longer authorized by 
the U.S. Environmental Protection Agency or by any other Federal 
entity.
    A treatment schedule currently listed in the PPQ Treatment Manual 
(T101-i-2-1) requires baby kiwi (Actinidia arguta), fig (Ficus carica), 
grape (Vitis spp.), and pomegranate (Punica granatum) to be treated 
with methyl bromide (MB) to prevent the introduction into the United 
States of external pests, including Chilean false red mite (Brevipalpus 
chilensis). The treatment as originally approved required the use of 
1.5 lb [ballot] 4.0 lb of MB gas per 1,000 ft\3\ for 2 hours at 
temperatures of 40 [deg]F or above. However, in 2006, APHIS determined 
that this treatment was insufficient to mitigate the risk from the mite 
on grapes. Therefore, as an emergency measure, the treatment was 
amended to require a longer exposure time of up to 3 hours under 
tarpaulin or 2.5 hours in chamber. As an emergency measure, this action 
was done administratively and was not meant to be permanent.
    On April 4, 2011, APHIS published a notice \2\ in the Federal 
Register (76 FR 18511-18512, Docket No. APHIS-2009-0097) that approved 
the use of this revised treatment to treat figs from Chile in order to 
meet U.S. entry requirements. Since publication of that notice, we have 
determined that figs have a higher sorption rate of the MB gas than 
other commodities. Therefore, in order to achieve 100 percent mortality 
of Chilean false red mite on figs, the figs must be exposed to a higher 
dose of MB.
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    \2\ To view the notice and the comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0097.
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    In accordance with Sec.  305.3(b)(2), we are providing notice that 
we have determined that it is necessary to add new treatment schedule 
T101-i-2-22, which provides for a MB treatment schedule for figs during 
an exposure period of 3 hours in a chamber at a dosage rate of 3.5 lbs 
gas/1,000 ft\3\ at a temperature between 50[emsp14][deg]F and 
59[emsp14][deg]F, 3 lbs gas/1,000 ft\3\ at a temperature between 
60[emsp14][deg]F and 69[emsp14][deg]F, and 2.5 lbs gas/1,000 ft\3\ at a 
temperature of 70[emsp14][deg]F or above. Since the efficacy of new 
schedule T101-i-2-2 was not verified under tarpaulin, the new treatment 
schedule is applicable only in chambers. This action also amends 
treatment schedule T101-i-2-1 by removing figs from the schedule and 
making the revised treatment schedule permanent. Revised treatment 
schedule T101-i-2-1 will continue to be applicable both in chambers and 
under tarpaulin for grapes, baby kiwis, and pomegranates. APHIS' 
experience with successful importation of these commodities using the 
existing treatment schedule has provided sufficient evidence to prove 
the effectiveness of the treatment. In order to have minimum adverse 
impact on the ongoing trade of figs and using the immediate process as 
provided in Sec.  305.3(b), these changes are effective immediately 
upon publication of this notice. The new treatment schedule will be 
listed in a separate section of the PPQ Treatment Manual, which will 
indicate that T101-i-2-22 was added through the immediate process 
described in paragraph (b) of Sec.  305.3 and that it is subject to 
change or removal based on public comment.
    The reasons for the addition of this treatment schedule are 
described in detail in a treatment evaluation document we have prepared 
to support this action. The treatment evaluation document may be viewed 
on the Regulations.gov Web site or in our reading room (see ADDRESSES 
above for instructions for accessing Regulations.gov and information on 
the location and hours of the reading room). You may request paper 
copies of the treatment evaluation document by calling or writing to 
the person listed under FOR FURTHER INFORMATION CONTACT. Please refer 
to the subject of the treatment evaluation document when requesting 
copies.
    After reviewing the comments we receive, we will announce our 
decision regarding the new treatment schedule that is described in the 
treatment evaluation document in a subsequent notice, in accordance 
with paragraph (b)(3) of Sec.  305.3. If we do not receive any 
comments, or the comments we receive do not change our determination 
that the treatment is effective, we will affirm the treatment 
schedule's addition to the PPQ Treatment Manual and make available a 
new version of the PPQ Treatment Manual in which T101-i-2-2 is listed 
in the main body of the PPQ Treatment Manual. If we receive comments 
that cause us to determine that T101-i-2-2 needs to be changed or 
removed, we will make available a new version of the PPQ Treatment 
Manual that reflects changes to or the removal of T101-i-2-2.

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 23rd day of February 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-04172 Filed 2-26-15; 8:45 am]
BILLING CODE 3410-34-P

Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices 10661 SUMMARY: In accordance with the research and development institutions Plant Protection and Quarantine Federal Advisory Committee Act (13 members) and the USDA (one Treatment Manual a new treatment (FACA) (5 U.S.C. App.), this notice member). schedule for methyl bromide fumigation announces that the Secretary of Equal opportunity practices, in of figs for external pests, including Agriculture intends to renew the Plant agreement with USDA Chilean false red mite. We have Variety Protection Board (PVP Board). nondiscrimination policies, will be prepared a treatment evaluation FOR FURTHER INFORMATION CONTACT: Paul followed in all membership document that describes the new Zankowski, USDA, Agricultural appointments to the Board. To ensure treatment schedule and explains why Marketing Service (AMS), Plant Variety that the suggestions of the Board have we have determined that it is effective Protection Office; 1400 Independence taken into account the needs of the at neutralizing these pests. We are Avenue SW., Room 4512; Washington, diverse groups served by USDA, making the treatment evaluation DC 20250 or by phone at (202) 720–1128 membership shall include, to the extent document available to the public for or by Internet: http:// practicable, individuals with review and comment. www.regulations.gov or by email: demonstrated ability to represent minorities, women, and persons with DATES: We will consider all comments Paul.Zankowski@ams.usda.gov. that we receive on or before May 28, disabilities. SUPPLEMENTARY INFORMATION: The Plant 2015. The Charter for the PVP Board will be Variety Protection Act (PVPA) (7 U.S.C. available on the Web site at: http:// ADDRESSES: You may submit comments 2321 et seq.) provides legal protection in www.facadatabase.gov/ by either of the following methods: the form of intellectual property rights download.aspx?fn=Charters/1309_ to developers of new varieties of plants, 2013.09.11_PVPBCharter2.7.13_(2013- • Federal eRulemaking Portal: Go to which are reproduced sexually by seed http://www.regulations.gov/ 09-11-05-03-31).pdf or may be requested or are tuber-propagated. A Certificate of #!docketDetail;D=APHIS-2015-0007. by contacting the individual identified Plant Variety Protection is awarded to • Postal Mail/Commercial Delivery: in the FOR FURTHER INFORMATION an owner of a crop variety after an Send your comment to Docket No. CONTACT section of this notice. examination shows that it is new, USDA prohibits discrimination in all APHIS–2015–0007, Regulatory Analysis distinct from other varieties, and its programs and activities on the basis and Development, PPD, APHIS, Station genetically uniform and stable through of race, color, national origin, gender, 3A–03.8, 4700 River Road Unit 118, successive generations. The term of religion, age, disability, political beliefs, Riverdale, MD 20737–1238. protection is 20 years for most crops and sexual orientation, and marital or family 25 years for trees, shrubs, and vines. Supporting documents and any status. Persons with disabilities who comments we receive on this docket The PVPA also provides for a require alternative means for statutory Board (7 U.S.C. 2327) to be may be viewed at http:// communication of program information www.regulations.gov/ appointed by the Secretary of (Braille, large print, or audiotape) Agriculture. The duties of the Board are #!docketDetail;D=APHIS-2015-0007 or should contact USDA’s Target Center at in our reading room, which is located in to: (1) Advise the Secretary concerning 202–720–2600 (voice and TTY). the adoption of rules and regulations to Room 1141 of the USDA South To file a written complaint of Building, 14th Street and Independence facilitate the proper administration of discrimination, write USDA, Office of the Act; (2) provide advisory counsel to Avenue SW., Washington, DC. Normal the Assistant Secretary for Civil Rights, reading room hours are 8 a.m. to 4:30 the Secretary on appeals concerning 1400 Independence Avenue SW., decisions on applications by the PVP p.m., Monday through Friday, except Washington, DC 20250–9410 or call holidays. To be sure someone is there to Office and on requests for emergency 202–720–5964 (voice and TTY). USDA public-interest compulsory licenses; and help you, please call (202) 799–7039 is an equal opportunity provider and before coming. (3) advise the Secretary on any other employer. matters under the Regulations and Rules FOR FURTHER INFORMATION CONTACT: Dr. of Practice and on all questions under Dated: February 23, 2015. Inder P.S. Gadh, Senior Risk Manager– section 44 of the Act, ‘‘Public Interest in Rex A. Barnes, Treatments, PPQ, APHIS, 4700 River Wide Usage’’ (7 U.S.C. 2404). Renewing Associate Administrator, Agricultural Road Unit 133, Riverdale, MD 20737; the PVP Board is necessary and in the Marketing Service. (301) 851–2018. public interest. [FR Doc. 2015–04086 Filed 2–26–15; 8:45 am] The PVPA provides that ‘‘the Board BILLING CODE 3410–02–P SUPPLEMENTARY INFORMATION: The shall consist of individuals who are regulations in 7 CFR chapter III are experts in various areas of varietal intended, among other things, to development covered by this Act.’’ The DEPARTMENT OF AGRICULTURE prevent the introduction or Board membership ‘‘shall include dissemination of plant pests and Animal and Plant Health Inspection noxious weeds into or within the United farmer representation and shall be Service States. Under the regulations, certain drawn approximately equally from the private or seed industry sector and from [Docket No. APHIS–2015–0007] plants, fruits, vegetables, and other the sector of government or the public.’’ articles must be treated before they may The Board consists of 14 members, each Notice of Availability of a Treatment be moved into the United States or of whom is appointed for a 2-year Evaluation Document; Methyl Bromide interstate. The phytosanitary treatments Fumigation of Figs regulations contained in 7 CFR part 305 mstockstill on DSK4VPTVN1PROD with NOTICES period, with no member appointed for more than three 2-year periods. (referred to below as the regulations) set AGENCY: Animal and Plant Health out standards for treatments required in Nominations are made by farmers’ Inspection Service, USDA. associations, trade associations in the 7 CFR parts 301, 318, and 319 for fruits, ACTION: Notice of availability. vegetables, and other articles. seed industry, professional associations representing expertise in seed SUMMARY: We are advising the public In § 305.2, paragraph (b) states that technology, plant breeding, and variety that we have determined that it is approved treatment schedules are set development, public and private necessary to immediately add to the out in the Plant Protection and VerDate Sep<11>2014 18:05 Feb 26, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1

10662 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices Quarantine (PPQ) Treatment Manual.1 in order to meet U.S. entry the treatment evaluation document Section 305.3 sets out a process for requirements. Since publication of that when requesting copies. adding, revising, or removing treatment notice, we have determined that figs After reviewing the comments we schedules in the PPQ Treatment have a higher sorption rate of the MB receive, we will announce our decision Manual. In that section, paragraph (b) gas than other commodities. Therefore, regarding the new treatment schedule sets out the process for adding, revising, in order to achieve 100 percent that is described in the treatment or removing treatment schedules when mortality of Chilean false red mite on evaluation document in a subsequent there is an immediate need to make a figs, the figs must be exposed to a higher notice, in accordance with paragraph change. The circumstances in which an dose of MB. (b)(3) of § 305.3. If we do not receive any immediate need exists are described in In accordance with § 305.3(b)(2), we comments, or the comments we receive § 305.3(b)(1). They are: are providing notice that we have do not change our determination that • PPQ has determined that an determined that it is necessary to add the treatment is effective, we will affirm approved treatment schedule is new treatment schedule T101–i–2–22, the treatment schedule’s addition to the ineffective at neutralizing the targeted which provides for a MB treatment PPQ Treatment Manual and make plant pest(s). schedule for figs during an exposure available a new version of the PPQ • PPQ has determined that, in order period of 3 hours in a chamber at a Treatment Manual in which T101–i–2– to neutralize the targeted plant pest(s), dosage rate of 3.5 lbs gas/1,000 ft3 at a 2 is listed in the main body of the PPQ the treatment schedule must be temperature between 50 °F and 59 °F, 3 Treatment Manual. If we receive administered using a different process lbs gas/1,000 ft3 at a temperature comments that cause us to determine than was previously used. between 60 °F and 69 °F, and 2.5 lbs that T101–i–2–2 needs to be changed or • PPQ has determined that a new gas/1,000 ft3 at a temperature of 70 °F or removed, we will make available a new treatment schedule is effective, based on above. Since the efficacy of new version of the PPQ Treatment Manual efficacy data, and that ongoing trade in schedule T101–i–2–2 was not verified that reflects changes to or the removal a commodity or commodities may be under tarpaulin, the new treatment of T101–i–2–2. adversely impacted unless the new schedule is applicable only in Authority: 7 U.S.C. 7701–7772 and 7781– treatment schedule is approved for use. chambers. This action also amends 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, • The use of a treatment schedule is treatment schedule T101–i–2–1 by 2.80, and 371.3. no longer authorized by the U.S. removing figs from the schedule and Done in Washington, DC, this 23rd day of Environmental Protection Agency or by making the revised treatment schedule February 2015. any other Federal entity. permanent. Revised treatment schedule Kevin Shea, A treatment schedule currently listed T101–i–2–1 will continue to be Administrator, Animal and Plant Health in the PPQ Treatment Manual (T101–i– applicable both in chambers and under Inspection Service. 2–1) requires baby kiwi (Actinidia tarpaulin for grapes, baby kiwis, and [FR Doc. 2015–04172 Filed 2–26–15; 8:45 am] arguta), fig (Ficus carica), grape (Vitis pomegranates. APHIS’ experience with BILLING CODE 3410–34–P spp.), and pomegranate (Punica successful importation of these granatum) to be treated with methyl commodities using the existing bromide (MB) to prevent the treatment schedule has provided DEPARTMENT OF AGRICULTURE introduction into the United States of sufficient evidence to prove the external pests, including Chilean false effectiveness of the treatment. In order Forest Service red mite (Brevipalpus chilensis). The to have minimum adverse impact on the treatment as originally approved [EIS No. 2011–13640] ongoing trade of figs and using the required the use of 1.5 lb b 4.0 lb of MB immediate process as provided in Retraction of Salt River Allotments gas per 1,000 ft3 for 2 hours at § 305.3(b), these changes are effective Vegetative Management EIS temperatures of 40 °F or above. immediately upon publication of this However, in 2006, APHIS determined notice. The new treatment schedule will AGENCY: Forest Service, USDA. that this treatment was insufficient to be listed in a separate section of the PPQ ACTION: Retraction of NOI. mitigate the risk from the mite on Treatment Manual, which will indicate grapes. Therefore, as an emergency that T101–i–2–22 was added through SUMMARY: The Forest Service has measure, the treatment was amended to the immediate process described in published a Notice of Intent (NOI) on require a longer exposure time of up to paragraph (b) of § 305.3 and that it is May 25, 2011 for Salt River Allotments 3 hours under tarpaulin or 2.5 hours in subject to change or removal based on Vegetative Management EIS. This chamber. As an emergency measure, public comment. Environmental Impact Statement was this action was done administratively The reasons for the addition of this first designed due to complexities and was not meant to be permanent. treatment schedule are described in encountered with a variety of current On April 4, 2011, APHIS published a detail in a treatment evaluation activities and environmental conditions notice 2 in the Federal Register (76 FR document we have prepared to support that interconnect along Salt River. These 18511–18512, Docket No. APHIS–2009– this action. The treatment evaluation activities include: White water rafting, 0097) that approved the use of this document may be viewed on the wilderness values, critical habitat of revised treatment to treat figs from Chile Regulations.gov Web site or in our aquatic and terrestrial species. Planned reading room (see ADDRESSES above for livestock grazing project included a 1 The Treatment Manual is available on the desire by term-grazing permittees to mstockstill on DSK4VPTVN1PROD with NOTICES instructions for accessing Internet at http://www.aphis.usda.gov/import_ Regulations.gov and information on the graze livestock (i.e., cattle) along river. export/plants/manuals/ports/downloads/ location and hours of the reading room). DATES: Not Applicable. treatment.pdf or by contacting the Animal and Plant Health Inspection Service, Plant Protection You may request paper copies of the ADDRESSES: No further comments will and Quarantine, Manuals Unit, 92 Thomas Johnson treatment evaluation document by be received on this project. Drive, Suite 200, Frederick, MD 21702. 2 To view the notice and the comments we calling or writing to the person listed FOR FURTHER INFORMATION CONTACT: A. received, go to http://www.regulations.gov/ under FOR FURTHER INFORMATION Jamie Wages 7680 South Sixshooter #!docketDetail;D=APHIS-2009-0097. CONTACT. Please refer to the subject of Canyon Road Globe, Arizona 85501, VerDate Sep<11>2014 18:05 Feb 26, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1


Document Created: 2015-12-18 13:14:33
Document Modified: 2015-12-18 13:14:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesWe will consider all comments that we receive on or before May 28, 2015.
ContactDr. Inder P.S. Gadh, Senior Risk Manager-Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851-2018.
FR Citation80 FR 10661 
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