80 FR 43052 - Notice of Affirmation; New and Revised Treatments for Various Plant Commodities
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 80, Issue 139 (July 21, 2015)
Animal and Plant Health Inspection Service
Federal Register Volume 80, Issue 139 (July 21, 2015)
| Page Range | 43052-43053 | |
| FR Document | 2015-17840 |
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)] [Notices] [Pages 43052-43053] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17840] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2013-0009] Notice of Affirmation; New and Revised Treatments for Various Plant Commodities AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: We are affirming our earlier determination that it was necessary to immediately add to the Plant Protection and Quarantine Treatment Manual treatment schedules for various plant commodities. In a previous notice, we made available to the public for review and comment treatment evaluation documents that described the new treatment and revised schedules and explained why we have determined that they are effective at neutralizing certain target pests. DATES: Effective [Insert date of publication in the Federal Register], we are affirming the addition to the Plant Protection and Quarantine Treatment Manual of the treatments described in the notice published at 79 FR 17496-17497 on March 28, 2014. FOR FURTHER INFORMATION CONTACT: Dr. Inder P.S. Gadh, Senior Risk Manager--Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (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 [[Page 43053]] 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 parts 301, 318, and 319 of 7 CFR chapter III 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 Quarantine (PPQ) Treatment Manual.\1\ Section 305.3 sets out the processes 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: --------------------------------------------------------------------------- \1\ The PPQ Treatment Manual is available at http:// www.aphis.usda.gov/import_export/plants/manuals/index.shtml 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. ---------------------------------------------------------------------------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. In accordance with Sec. 305.3(a)(1), we published a notice \2\ in the Federal Register on March 28, 2014 (79 FR 17496-17497, Docket No. APHIS-2013-0009), announcing our determination that several additions to the PPQ Treatment Manual were necessary to mitigate the risk from various plant pests, based on evidence presented in treatment evaluation documents (TEDs) we made available with the notice. We also determined that the ongoing trade of commodities would be adversely impacted unless the new and revised treatment schedules were approved for use. The treatments were added to the PPQ Treatment Manual, but subject to change or removal based on public comment. --------------------------------------------------------------------------- \2\ To view the notice, TEDs, and comment we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0009. --------------------------------------------------------------------------- We solicited comments on the notice for 60 days ending on May 27, 2014. We received one comment by that date, from an importers association representative who raised concerns about the revised treatment schedule for asparagus. Specifically, the commenter stated that there have been no pests detected during post-fumigation inspections to justify the revision of the fumigation process from 2 hours to 2.5 hours. Furthermore, the commenter stated that the additional 30 minutes of fumigation would have a negative impact on the quality of the asparagus. The commenter suggested that Animal and Plant Health Inspection Service (APHIS) and Peru collaborate to develop a systems approach to mitigate the plant pest risks, rather than use the prescribed fumigation treatment. As noted in the TED, in 2007, live Copitarsia spp. larvae were detected on Peruvian asparagus during a post-fumigation inspection. As an interim measure to ensure trade would continue uninterrupted, PPQ increased the treatment duration by 30 minutes for all temperature ranges and monitored its effectiveness against all stages of the pest. Since the revision was made there have been no interceptions of Copitarsia spp. larvae on asparagus imported into the United States from Peru. We understand the commenters' concern regarding the negative effects the fumigation process has on the quality of the vegetables. We acknowledge that there is a potential risk of negative impacts on the quality or shelf life of commodities treated with fumigation and seek to minimize those efforts to the extent possible, but note that our primary concern must be to prevent the introduction of plant pests into the United States. We will, however, add a statement to the treatment T101-b-1 regarding the potential reduction in the shelf life of the treated asparagus. We welcome and encourage opportunities to collaborate with our stakeholders and trading partners to further mitigate the risks associated with the importation of commodities. If we receive scientific information that supports the development of a systems approach, we would consider the information and make appropriate recommendations based on that information. Therefore, in accordance with our regulations in Sec. 305.3(b)(3), we are affirming our addition of the new and revised treatment schedules for use for the various plant commodities to the PPQ Treatment Manual. 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 15th day of July 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2015-17840 Filed 7-20-15; 8:45 am] BILLING CODE 3410-34-P
![43052 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices
closed on April 1, 2015, instead of the review and clearance under the Need and Use of the Information: The
originally scheduled March 26, 2015. Paperwork Reduction Act of 1995, request for administrative review is a
The USDA–ARS used and Public Law 104–13. Comments formal letter, provided by the requester,
coordinated the NEPA commenting regarding (a) whether the collection of with an original signature. FNS receives
process to satisfy the public information is necessary for the proper the letter requesting an administrative
involvement process for Section 106 of performance of the functions of the review and maintains it as part of the
the National Historic Preservation Act agency, including whether the official review record. The designated
(16 U.S.C. 470(f) as provided for in 36 information will have practical utility; reviewer will adjudicate the appeals
CFR 800.2(d)(3)). During the public (b) the accuracy of the agency’s estimate process and make a final determination
comment period, USDA–ARS received of burden including the validity of the regarding the aggrieved action.
two public comments regarding the methodology and assumptions used; (c) Description of Respondents: Business
transfer of lands and facilities from ways to enhance the quality, utility and or other for profit; Farms.
USDA–ARS to FAMU. None of the clarity of the information to be Number of Respondents: 1,459.
public comments received identified collected; (d) ways to minimize the Frequency of Responses: Reporting:
any substantial evidence regarding burden of the collection of information On occasion.
significant environmental impacts on those who are to respond, including Total Burden Hours: 298.
resulting from the proposed land through the use of appropriate
Ruth Brown,
transfer. automated, electronic, mechanical, or
Based on its analysis of the Final EA Departmental Information Collection
other technological collection
for the property transfer, USDA–ARS Clearance Officer.
techniques or other forms of information
has found that the transfer of properties [FR Doc. 2015–17796 Filed 7–20–15; 8:45 am]
technology should be addressed to: Desk
could have adverse effects on previously Officer for Agriculture, Office of BILLING CODE 3410–30–P
identified historic properties. USDA– Information and Regulatory Affairs,
ARS, Florida Division of Historical Office of Management and Budget
Resources (FLDHR) and FAMU have (OMB), OIRA_Submission@omb.eop.gov DEPARTMENT OF AGRICULTURE
signed a Memorandum of Agreement or fax (202) 395–5806 and to Animal and Plant Health Inspection
(MOA) to address the adverse effects Departmental Clearance Office, USDA, Service
from the proposed transfer and to avoid, OCIO, Mail Stop 7602, Washington, DC
minimize, or mitigate the adverse effects 20250–7602. Comments regarding these [Docket No. APHIS–2013–0009]
to any previously identified historic information collections are best assured
properties. The MOA also stipulates a of having their full effect if they are Notice of Affirmation; New and
Programmatic Agreement (PA) between received within 30 days of this Revised Treatments for Various Plant
FAMU and FLDHR for the long-term notification. Copies of the submission(s) Commodities
management of historic properties on may be obtained by calling (202) 720– AGENCY: Animal and Plant Health
the conveyed parcels; the PA will 8958. Inspection Service, USDA.
establish a consultation process that An agency may not conduct or
ACTION: Notice.
mirrors Section 106 and continue sponsor a collection of information
consultations with the FLDHR and the unless the collection of information SUMMARY: We are affirming our earlier
Seminole Tribe of Florida on Native displays a currently valid OMB control determination that it was necessary to
American sites located on the number and the agency informs immediately add to the Plant Protection
properties. With the implementation of potential persons who are to respond to and Quarantine Treatment Manual
the MOA to address adverse effects on the collection of information that such treatment schedules for various plant
historic properties, there would be no persons are not required to respond to commodities. In a previous notice, we
significant impact to the environment the collection of information unless it made available to the public for review
from transferring approximately 3,800 displays a currently valid OMB control and comment treatment evaluation
acres of land and facilities at the USDA– number. documents that described the new
ARS STARS in Brooksville, Florida, to treatment and revised schedules and
the Board of Trustees of the Florida Food and Nutrition Service
explained why we have determined that
Agricultural and Mechanical University, Title: Request for Administrative they are effective at neutralizing certain
for use by FAMU. Therefore, USDA– Review. target pests.
ARS will not prepare an Environmental OMB Control Number: 0584–0520.
Summary of Collection: The Food and DATES: Effective [Insert date of
Impact Statement for this proposed
Nutrition Service (FNS) of the U.S. publication in the Federal Register], we
action.
Department of Agriculture is the Federal are affirming the addition to the Plant
Dated: July 13, 2015. Protection and Quarantine Treatment
agency responsible for the
Chavonda Jacobs-Young, Manual of the treatments described in
Supplemental Nutrition Assistance
Administrator, Agricultural Research Service. Program (SNAP). The Food and the notice published at 79 FR 17496–
[FR Doc. 2015–17912 Filed 7–20–15; 8:45 am] Nutrition Act of 2008 (7 U.S.C. 2011– 17497 on March 28, 2014.
BILLING CODE 3410–03–P 2036), as codified under 7 CFR parts 278 FOR FURTHER INFORMATION CONTACT: Dr.
and 279, requires that the FNS Inder P.S. Gadh, Senior Risk Manager—
determine the eligibility of retail food Treatments, PPQ, APHIS, 4700 River
asabaliauskas on DSK5VPTVN1PROD with NOTICES
DEPARTMENT OF AGRICULTURE stores and certain food service Road Unit 133, Riverdale, MD 20737–
organizations to participate in the 1231; (301) 851–2018.
Submission for OMB Review;
Comment Request SNAP. If a retail or wholesale firm is SUPPLEMENTARY INFORMATION: The
found to be ineligible by FNS, or is regulations in 7 CFR chapter III are
July 15, 2015. otherwise aggrieved by certain FNS intended, among other things, to
The Department of Agriculture has actions(s), that firm has the right to file prevent the introduction or
submitted the following information a written request for review of the dissemination of plant pests and
collection requirement(s) to OMB for administrative action with FNS. noxious weeds into or within the United
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![Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices 43053
States. Under the regulations, certain use. The treatments were added to the revised treatment schedules for use for
plants, fruits, vegetables, and other PPQ Treatment Manual, but subject to the various plant commodities to the
articles must be treated before they may change or removal based on public PPQ Treatment Manual.
be moved into the United States or comment. Authority: 7 U.S.C. 7701–7772 and 7781–
interstate. The phytosanitary treatments We solicited comments on the notice 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22,
regulations contained in 7 CFR part 305 for 60 days ending on May 27, 2014. We 2.80, and 371.3.
(referred to below as the regulations) set received one comment by that date,
Done in Washington, DC, this 15th day of
out standards for treatments required in from an importers association July 2015.
parts 301, 318, and 319 of 7 CFR chapter representative who raised concerns
Kevin Shea,
III for fruits, vegetables, and other about the revised treatment schedule for
asparagus. Administrator, Animal and Plant Health
articles. Inspection Service.
In § 305.2, paragraph (b) states that Specifically, the commenter stated
that there have been no pests detected [FR Doc. 2015–17840 Filed 7–20–15; 8:45 am]
approved treatment schedules are set
out in the Plant Protection and during post-fumigation inspections to BILLING CODE 3410–34–P
Quarantine (PPQ) Treatment Manual.1 justify the revision of the fumigation
Section 305.3 sets out the processes for process from 2 hours to 2.5 hours.
Furthermore, the commenter stated that DEPARTMENT OF AGRICULTURE
adding, revising, or removing treatment
schedules in the PPQ Treatment the additional 30 minutes of fumigation
would have a negative impact on the Animal and Plant Health Inspection
Manual. In that section, paragraph (b) Service
sets out the process for adding, revising, quality of the asparagus. The commenter
or removing treatment schedules when suggested that Animal and Plant Health [Docket No. APHIS–2014–0097]
there is an immediate need to make a Inspection Service (APHIS) and Peru
collaborate to develop a systems Monsanto Co.; Availability of
change. The circumstances in which an
approach to mitigate the plant pest Preliminary Plant Pest Risk
immediate need exists are described in
risks, rather than use the prescribed Assessment and Draft Environmental
§ 305.3(b)(1). They are:
fumigation treatment. Assessment of Maize Genetically
• PPQ has determined that an
As noted in the TED, in 2007, live Engineered for Increased Ear Biomass
approved treatment schedule is
Copitarsia spp. larvae were detected on
ineffective at neutralizing the targeted AGENCY: Animal and Plant Health
Peruvian asparagus during a post-
plant pest(s). Inspection Service, USDA.
fumigation inspection. As an interim
• PPQ has determined that, in order ACTION: Notice.
measure to ensure trade would continue
to neutralize the targeted plant pest(s),
uninterrupted, PPQ increased the SUMMARY: We are advising the public
the treatment schedule must be
treatment duration by 30 minutes for all that the Animal and Plant Health
administered using a different process
temperature ranges and monitored its
than was previously used. Inspection Service is making available
effectiveness against all stages of the
• PPQ has determined that a new pest. Since the revision was made there
for public comment a preliminary plant
treatment schedule is effective, based on pest risk assessment and draft
have been no interceptions of Copitarsia
efficacy data, and that ongoing trade in environmental assessment for maize
spp. larvae on asparagus imported into
a commodity or commodities may be designated as event MON 87403, which
the United States from Peru.
adversely impacted unless the new We understand the commenters’ has been genetically engineered for
treatment schedule is approved for use. concern regarding the negative effects increased ear biomass.
• The use of a treatment schedule is the fumigation process has on the DATES: We will consider all comments
no longer authorized by the U.S. quality of the vegetables. We that we receive on or before August 20,
Environmental Protection Agency or by acknowledge that there is a potential 2015.
any other Federal entity. risk of negative impacts on the quality ADDRESSES: You may submit comments
In accordance with § 305.3(a)(1), we or shelf life of commodities treated with by either of the following methods:
published a notice 2 in the Federal fumigation and seek to minimize those • Federal eRulemaking Portal: Go to
Register on March 28, 2014 (79 FR efforts to the extent possible, but note http://www.regulations.gov/
17496–17497, Docket No. APHIS–2013– that our primary concern must be to #!docketDetail;D=APHIS-2014-0097.
0009), announcing our determination prevent the introduction of plant pests • Postal Mail/Commercial Delivery:
that several additions to the PPQ into the United States. We will, Send your comment to Docket No.
Treatment Manual were necessary to however, add a statement to the APHIS–2014–0097, Regulatory Analysis
mitigate the risk from various plant treatment T101–b–1 regarding the and Development, PPD, APHIS, Station
pests, based on evidence presented in potential reduction in the shelf life of 3A–03.8, 4700 River Road Unit 118,
treatment evaluation documents (TEDs) the treated asparagus. Riverdale, MD 20737–1238.
we made available with the notice. We We welcome and encourage Supporting documents for this
also determined that the ongoing trade opportunities to collaborate with our petition and any comments we receive
of commodities would be adversely stakeholders and trading partners to on this docket may be viewed at http://
impacted unless the new and revised further mitigate the risks associated www.regulations.gov/
treatment schedules were approved for with the importation of commodities. If #!docketDetail;D=APHIS-2014-0097 or
we receive scientific information that in our reading room, which is located in
asabaliauskas on DSK5VPTVN1PROD with NOTICES
1 The PPQ Treatment Manual is available at
supports the development of a systems room 1141 of the USDA South Building,
http://www.aphis.usda.gov/import_export/plants/
manuals/index.shtml or by contacting the Animal approach, we would consider the 14th Street and Independence Avenue
and Plant Health Inspection Service, Plant information and make appropriate SW., Washington, DC. Normal reading
Protection and Quarantine, Manuals Unit, 92 recommendations based on that room hours are 8 a.m. to 4:30 p.m.,
Thomas Johnson Drive, Suite 200, Frederick, MD Monday through Friday, except
21702.
information.
2 To view the notice, TEDs, and comment we Therefore, in accordance with our holidays. To be sure someone is there to
received, go to http://www.regulations.gov/ regulations in § 305.3(b)(3), we are help you, please call (202) 799–7039
#!docketDetail;D=APHIS-2013-0009. affirming our addition of the new and before coming.
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Document Created: 2018-02-23 09:23:09
Document Modified: 2018-02-23 09:23:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective [Insert date of publication in the Federal Register], we are affirming the addition to the Plant Protection and Quarantine Treatment Manual of the treatments described in the notice published at 79 FR 17496-17497 on March 28, 2014. | |
| Contact | Dr. Inder P.S. Gadh, Senior Risk Manager--Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2018. | |
| FR Citation | 80 FR 43052 |
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