80 FR 43055 - Notice of Affirmation of Addition of a Treatment Schedule for Methyl Bromide Fumigation of Figs

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 139 (July 21, 2015)

We are affirming our earlier determination that it was necessary to immediately add to the Plant Protection and Quarantine Treatment Manual a treatment schedule for methyl bromide fumigation of figs for certain pests, including Chilean false red mite. In a previous notice, we made available to the public for review and comment a treatment evaluation document that described the new treatment schedule and explained why we have determined that it is effective at neutralizing these pests.

[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43055-43056]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17841]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0007]


Notice of Affirmation of Addition of a Treatment Schedule for 
Methyl Bromide Fumigation of Figs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are affirming our earlier determination that it was 
necessary to immediately add to the Plant Protection and Quarantine 
Treatment Manual a treatment schedule for methyl bromide fumigation of 
figs for certain pests, including Chilean false red mite. In a previous 
notice, we made available to the public for review and comment a 
treatment evaluation document that described the new treatment schedule 
and explained why we have determined that it is effective at 
neutralizing these pests.

DATES: Effective July 21, 2015, we are affirming the addition to the 
Plant Protection and Quarantine Treatment Manual of the treatment 
described in the notice published at 80 FR 10661-10662 on February 27, 
2015.

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 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.
    In accordance with Sec.  305.3(b), we published a notice \2\ in the 
Federal Register on February 27, 2015 (80 FR 10661-10662, Docket No. 
APHIS-2015-0007), announcing our determination that a new methyl 
bromide fumigation treatment schedule to control certain pests, 
including Chilean false red mite (Brevipalpus chilensis), on figs 
(Ficus carica) is effective, based on evidence presented in a treatment 
evaluation document (TED) we made available with the notice. We also 
determined that ongoing trade in figs would be adversely impacted 
unless the new treatment is approved for use. The treatment was added 
to the PPQ Treatment Manual, but was subject to change based on public 
comment.
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    \2\ To view the notice, the TED, and the comment we received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0007.
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    We solicited comments on the notice for 60 days ending on April 28, 
2015. We received one comment by that date, from a private citizen. The 
commenter stated that methyl bromide is known to deplete the 
stratospheric ozone layer, and that authorizing its use for treating 
figs violates the Montreal Protocol, in which the United States agreed 
to gradually reduce and ultimately eliminate use of methyl bromide.
    The United States Government encourages methods that do not use 
methyl bromide to meet phytosanitary standards where alternatives are 
deemed to be technically and economically feasible, practical, and 
effective. At present, methyl bromide fumigation is the only authorized 
treatment that meets the above criteria for the treatment of external 
pests on figs. In addition, in accordance with Montreal Protocol 
Decision XI/13 (paragraph 7), APHIS is committed to promoting and 
employing gas recapture technology and other methods whenever possible 
to minimize harm to the environment caused by methyl bromide emissions.
    Paragraph 5 of Article 2H of the Montreal Protocol does allow for 
quarantine and preshipment uses of methyl bromide, and does not specify 
a maximum number of such applications. Therefore, the application of 
this treatment is not in conflict with the

[[Page 43056]]

protocol. Treatment of figs with methyl bromide fumigation is also 
consistent with the International Plant Protection Convention's 
standard of requiring the least restrictive phytosanitary measures to 
mitigate pests of concern.
    Therefore, in accordance with the regulations in Sec.  305.3(b)(3), 
we are affirming our addition of a methyl bromide treatment schedule 
for figs to control certain pests, as described in the TED made 
available with the previous notice. The treatment schedule is numbered 
T101-i-2-2. The treatment schedule will be listed in the PPQ Treatment 
Manual, which is available as described in footnote 1 of this document.

    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. 2015-17841 Filed 7-20-15; 8:45 am]
 BILLING CODE 3410-34-P