Phytosanitary Treatments; Location of and Process for Updating Treatment Schedules; Technical Amendment, 60359-60361 [2011-25097]
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations
Done in Washington, DC, this 23rd day of
September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
Manager, Emergency and Domestic
Programs, Plant Protection and
Quarantine, APHIS, 4700 River Road
Unit 137, Riverdale, MD 20737; (301)
734–5332.
[FR Doc. 2011–25089 Filed 9–28–11; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 3410–34–P
Background
The gypsy moth, Lymantria dispar
(Linnaeus), is a destructive pest of
forest, shade, and commercial trees such
as nursery stock and Christmas trees.
The gypsy moth regulations (contained
in 7 CFR 301.45 through 301.45–12 and
referred to below as the regulations)
restrict the interstate movement of
regulated articles from generally
infested areas to prevent the artificial
spread of the gypsy moth. Section
301.45–3 of the regulations lists
generally infested areas.
In an interim rule 1 effective and
published in the Federal Register on
April 18, 2011 (76 FR 21613–21615,
Docket No. APHIS–2010–0075), we
amended § 301.45–3(a) by adding
portions of Indiana, Maine, Ohio,
Virginia, West Virginia, and Wisconsin
to the list of generally infested areas.
Comments on the interim rule were
required to be received on or before June
17, 2011. We received one comment
from a State agricultural agency that was
in favor of this action. Therefore, for the
reasons given in the interim rule, we are
adopting the interim rule as a final rule
without change.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, for this action the Office of
Management and Budget has waived its
review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
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 76 FR 21613–
21615 on April 18, 2011.
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■
1 To view the interim rule and its supporting
economic analysis, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2010-0075.
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 305
[Docket No. APHIS–2008–0022]
RIN 0579–AC94
Phytosanitary Treatments; Location of
and Process for Updating Treatment
Schedules; Technical Amendment
Animal and Plant Health
Inspection Service, USDA.
AGENCY:
Final rule; technical
amendment.
ACTION:
In a final rule that was
published in the Federal Register on
January 26, 2010, and effective on
February 25, 2010, we amended the
phytosanitary treatment regulations by
removing the lists of approved
treatments and treatment schedules
from the regulations, while retaining the
general requirements for performing
treatments and certifying or approving
treatment facilities. The final rule also
removed treatment schedules from other
places where they had been found in
APHIS regulations and provided that
approved treatment schedules will
instead be found in the Plant Protection
and Quarantine Treatment Manual,
which is available on the Internet. In the
final rule, we neglected to provide for
the Administrator of the Animal and
Plant Health Inspection Service to
approve treatments that are not found in
the Treatment Manual, and we did not
retain text explaining that irradiation
can be used as a substitute for other
treatments. In this amendment, we are
amending the regulation to provide for
such approval of treatments and to
restore the text we removed.
DATES: Effective Date: September 29,
2011.
SUMMARY:
Dr.
Inder P. S. Gadh, Senior Risk Manager—
Treatments, Regulations, Permits, and
Manuals, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737–1236;
(301) 734–0627.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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60359
Background
In a final rule that was published in
the Federal Register on January 26,
2010 (75 FR 4228–4253, Docket No.
APHIS–2008–0022), and effective on
February 25, 2010, we amended the
phytosanitary treatment regulations in 7
CFR part 305 by removing the lists of
approved treatments and treatment
schedules from the regulations, while
retaining the general requirements for
performing treatments and certifying or
approving treatment facilities. The final
rule also removed treatment schedules
from other places where they had been
found in 7 CFR chapter III.
We replaced the lists of approved
treatments that had been in § 305.2 with
a general statement in paragraph (b) of
that section that approved treatment
schedules are set out in the Plant
Protection and Quarantine (PPQ)
Treatment Manual. Paragraph (b) went
on to state that treatments may only be
administered in accordance with the
treatment requirements of part 305 and
in accordance with treatment schedules
found in the PPQ Treatment Manual.
We also amended the general
requirements for performing treatments
and certifying or approving treatment
facilities to indicate that such facilities
need to be able to conduct the
treatments in the PPQ Treatment
Manual.
However, while the PPQ Treatment
Manual contains only approved
treatment schedules, it is inappropriate
to refer to the PPQ Treatment Manual as
the sole place where approved treatment
schedules may be found and to set
requirements for treatment facilities
based only on the treatments in the PPQ
Treatment Manual. A treatment
schedule is ultimately approved for use
not by dint of its inclusion in the PPQ
Treatment Manual but because the
Administrator of the Animal and Plant
Health Inspection Service has decided
that the treatment schedule is effective
at neutralizing the targeted plant pest.
Ultimately, the regulations should refer
to approval by the Administrator as the
standard for use of a treatment schedule.
Therefore, we are amending
paragraph (b) of § 305.2 to indicate that
treatments may only be administered in
accordance with the requirements of
part 305 and in accordance with
treatment schedules approved by the
Administrator as effective at
neutralizing quarantine pests. We are
also amending paragraph (b) to
explicitly indicate that the treatment
schedules found in the PPQ Treatment
Manual have been approved by the
Administrator.
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60360
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations
As the regulations in part 305 now
indicate that treatment must be
administered in accordance with
treatment schedules approved by the
Administrator, it is appropriate to
provide a means by which persons can
request that the Administrator approve
other treatment schedules. Therefore,
we are adding a new paragraph (c) to
§ 305.2. This paragraph indicates that
persons who wish to have a treatment
schedule approved by the Administrator
as effective at neutralizing a quarantine
pest or pests may apply for approval by
submitting the treatment schedule,
along with any supporting information
and data, to the Animal and Plant
Health Inspection Service, Plant
Protection and Quarantine, Center for
Plant Health Science and Technology,
1730 Varsity Drive, Suite 400, Raleigh,
NC 27606–5202. Upon receipt of such
an application, the Administrator will
review the schedule and the supporting
information and data and respond with
approval or denial of the treatment
schedule. If the Administrator
determines the treatment schedule to be
of potential general use, the
Administrator may add the new
treatment schedule to the PPQ
Treatment Manual or revise an existing
schedule, as appropriate, in accordance
with the process described in § 305.3.
To accommodate this change, we are
redesignating current paragraph (c) of
§ 305.2 as paragraph (d). We are also
amending the definition of PPQ
Treatment Manual in § 305.1 to make it
clear that all treatment schedules in the
manual are approved by the
Administrator, and we are amending the
heading of § 305.3, which describes the
process for adding, revising, or
removing treatment schedules, to
indicate that it specifically applies to
the PPQ Treatment Manual.
These changes also necessitate
changes in §§ 305.5 through 305.9,
which set out the requirements for
administering chemical treatment, cold
treatment, quick freeze treatment, heat
treatment, and irradiation treatment,
respectively. Where these sections have
referred to facilities capable of
performing treatments in accordance
with treatment schedules in the PPQ
Treatment Manual, they now also refer
to performing treatments in accordance
with treatment schedules approved in
accordance with § 305.2. For other
references to the PPQ Treatment Manual
in those sections, we have added
references to treatment schedules
approved in accordance with § 305.2 as
well. A complete list of these changes
can be found in the regulatory text at the
end of this document.
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As noted earlier, before the
publication of the January 2010 final
rule, § 305.2 listed approved treatments
for various articles. Paragraph (h) of
§ 305.2 listed approved treatments for
fruits and vegetables. At the beginning
of the list, paragraph (h)(1) stated that
irradiation treatment in accordance with
part 305 could be substituted for other
approved treatments for any pests for
which irradiation was an approved
treatment. For example, several fruits
and vegetables may be treated with cold
treatment to neutralize certain fruit flies;
as irradiation is an approved treatment
for fruit flies, irradiation for fruit flies in
accordance with part 305 may be
substituted for cold treatment for those
fruits and vegetables.
We did not include this text in the
revised part 305; it is contained in the
PPQ Treatment Manual, thus confirming
that substitution of irradiation for other
approved treatments has been approved
by the Administrator. However, since
the publication of the January 2010 final
rule, there has been some confusion
among the regulated community
regarding our policy on substituting
irradiation for other approved
treatments.
To address this confusion, we are
adding a new paragraph (o) to § 305.9,
which contains requirements for
performing irradiation treatment, that
describes our policy on substituting
irradiation for other approved
treatments. The new paragraph reads:
‘‘Treatment of fruits and vegetables that
are from foreign localities, from Hawaii,
Puerto Rico, and the U.S. Virgin Islands,
or from domestic areas under quarantine
with irradiation in accordance with this
section may be substituted for other
approved treatments if the target pests
of the other approved treatments are
approved for treatment with irradiation
in the PPQ Treatment Manual or
approved for treatment with irradiation
in accordance with § 305.2.’’
List of Subjects in 7 CFR Part 305
Agricultural commodities, Chemical
treatment, Cold 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
part 305 as follows:
PART 305—PHYTOSANITARY
TREATMENTS
1. The authority citation for part 305
continues to read as follows:
■
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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.
2. In § 305.1, in the definition of PPQ
Treatment Manual, the first sentence is
revised to read as follows:
■
§ 305.1
Definitions.
*
*
*
*
*
PPQ Treatment Manual. A document
that contains treatment schedules that
are approved by the Administrator for
use under this part. * * *
*
*
*
*
*
■ 3. Section 305.2 is amended as
follows:
■ a. By revising paragraph (b) to read as
set forth below.
■ b. By redesignating paragraph (c) as
paragraph (d).
■ c. By adding a new paragraph (c) to
read as set forth below.
§ 305.2
Approved treatments.
*
*
*
*
*
(b) Treatments may only be
administered in accordance with the
requirements of this part and in
accordance with treatment schedules
approved by the Administrator as
effective at neutralizing quarantine
pests. The treatment schedules found in
the PPQ Treatment Manual have been
approved by the Administrator.
Treatment schedules may be added to
the PPQ Treatment Manual in
accordance with § 305.3. Treatment
schedules may also be approved by the
Administrator in accordance with
paragraph (c) of this section.
(c) Persons who wish to have a
treatment schedule approved by the
Administrator as effective at
neutralizing a quarantine pest or pests
may apply for approval by submitting
the treatment schedule, along with any
supporting information and data, to the
Animal and Plant Health Inspection
Service, Plant Protection and
Quarantine, Center for Plant Health
Science and Technology, 1730 Varsity
Drive, Suite 400, Raleigh, NC 27606–
5202. Upon receipt of such an
application, the Administrator will
review the schedule and the supporting
information and data and respond with
approval or denial of the treatment
schedule. If the Administrator
determines the treatment schedule to be
of potential general use, the
Administrator may add the new
treatment schedule to the PPQ
Treatment Manual or revise an existing
schedule, as appropriate, in accordance
with § 305.3.
*
*
*
*
*
■ 4. In § 305.3, the section heading is
revised to read as follows:
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations
§ 305.3 Processes for adding, revising, or
removing treatment schedules in the PPQ
Treatment Manual.
*
*
§ 305.5
*
*
*
[Amended]
5. Section 305.5 is amended as
follows:
■ a. In paragraph (a)(1), by adding the
words ‘‘or in another treatment schedule
approved in accordance with § 305.2’’
after the word ‘‘Manual’’.
■ b. In paragraph (c)(1), in the first
sentence, by adding the words ‘‘or in
another treatment schedule approved in
accordance with § 305.2’’ after the word
‘‘Manual’’; and, in the second sentence,
by adding the words ‘‘or approved in
accordance with § 305.2’’ after the word
‘‘Manual’’.
■ c. In paragraph (c)(3), in the first
sentence, by adding the words ‘‘or in
another approved treatment schedule’’
after the word ‘‘Manual’’.
■
§ 305.6
[Amended]
6. Section 305.6 is amended as
follows:
■ a. In paragraph (a) introductory text,
by adding the words ‘‘or in another
treatment schedule approved in
accordance with § 305.2’’ after the word
‘‘Manual’’.
■ b. In paragraph (c)(1), by adding the
words ‘‘or in another approved
treatment schedule’’ after the word
‘‘Manual’’.
■ c. In paragraph (d)(14), by adding the
words ‘‘or in accordance with another
approved treatment schedule’’ after the
word ‘‘Manual’’.
■ 7. Section 305.7 is amended as
follows:
■ a. In the second sentence, by removing
the word ‘‘the’’ before the word ‘‘fruits’’.
■ b. By adding a new sentence at the
end of the section to read as set forth
below.
■
§ 305.7 Quick freeze treatment
requirements.
* * * Requests to authorize quick
freeze as a treatment for other fruits and
vegetables may be made in accordance
with § 305.2(c).
§ 305.8
[Amended]
8. In § 305.8, paragraph (a)(1) is
amended by adding the words ‘‘or in
another treatment schedule approved in
accordance with § 305.2’’ after the word
‘‘Manual’’.
■ 9. Section 305.9 is amended as
follows:
■ a. In paragraph (d)(1), by adding the
words ‘‘or in another treatment schedule
approved in accordance with § 305.2’’
after the word ‘‘Manual’’.
■ b. In paragraph (i), by adding the
words ‘‘or in another approved
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■
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14:44 Sep 28, 2011
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treatment schedule’’ after the word
‘‘Manual’’.
■ c. In paragraph (j)(2), by adding the
words ‘‘or by another approved
treatment schedule’’ after the word
‘‘Manual’’.
■ d. In paragraph (n), by adding the
words ‘‘or the plant pests for which
another treatment schedule is approved
in accordance with § 305.2’’ after the
word ‘‘Manual’’.
■ e. By adding a new paragraph (o) to
read as set forth below.
§ 305.9
Irradiation treatment requirements.
*
*
*
*
*
(o) Substitution of irradiation for
other treatments. Treatment of fruits
and vegetables that are from foreign
localities, from Hawaii, Puerto Rico, and
the U.S. Virgin Islands, or from
domestic areas under quarantine with
irradiation in accordance with this
section may be substituted for other
approved treatments if the target pests
of the other approved treatments are
approved for treatment with irradiation
in the PPQ Treatment Manual or
approved for treatment with irradiation
in accordance with § 305.2.
*
*
*
*
*
Done in Washington, DC, this 23rd day of
September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–25097 Filed 9–28–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Doc. No. AMS–FV–11–0077; FV–983–2 IR]
Pistachios Grown in California,
Arizona, and New Mexico; Decreased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule decreases the
assessment rate established for the
Administrative Committee for
Pistachios (Committee) for the 2011–12
and subsequent production years from
$0.0007 to $0.0005 per pound of
assessed weight pistachios. The
Committee locally administers the
marketing order which regulates the
handling of pistachios grown in
California, Arizona, and New Mexico.
Assessments upon pistachio handlers
are used by the Committee to fund
SUMMARY:
PO 00000
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60361
reasonable and necessary expenses of
the program. The production year
begins September 1 and ends August 31.
The assessment rate will remain in
effect indefinitely unless modified,
suspended, or terminated.
DATES: Effective September 30, 2011.
Comments received by November 28,
2011, will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. Comments should
reference the document number and the
date and page number of this issue of
the Federal Register and will be
available for public inspection in the
Office of the Docket Clerk during regular
business hours, or can be viewed at:
https://www.regulations.gov. All
comments submitted in response to this
rule will be included in the record and
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Andrea Ricci, Marketing Specialist or
Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or E-mail:
Andrea.Ricci@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Laurel May,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Laurel.May@ams.usda.gov.
This rule
is issued under Marketing Agreement
and Order No. 983, both as amended (7
CFR part 983), regulating the handling
of pistachios grown in California,
Arizona, and New Mexico hereinafter
referred to as the ‘‘order.’’ The order is
effective under the Agricultural
Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601–674), hereinafter
referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
SUPPLEMENTARY INFORMATION:
E:\FR\FM\29SER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Pages 60359-60361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25097]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 305
[Docket No. APHIS-2008-0022]
RIN 0579-AC94
Phytosanitary Treatments; Location of and Process for Updating
Treatment Schedules; Technical Amendment
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: In a final rule that was published in the Federal Register on
January 26, 2010, and effective on February 25, 2010, we amended the
phytosanitary treatment regulations by removing the lists of approved
treatments and treatment schedules from the regulations, while
retaining the general requirements for performing treatments and
certifying or approving treatment facilities. The final rule also
removed treatment schedules from other places where they had been found
in APHIS regulations and provided that approved treatment schedules
will instead be found in the Plant Protection and Quarantine Treatment
Manual, which is available on the Internet. In the final rule, we
neglected to provide for the Administrator of the Animal and Plant
Health Inspection Service to approve treatments that are not found in
the Treatment Manual, and we did not retain text explaining that
irradiation can be used as a substitute for other treatments. In this
amendment, we are amending the regulation to provide for such approval
of treatments and to restore the text we removed.
DATES: Effective Date: September 29, 2011.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P. S. Gadh, Senior Risk
Manager--Treatments, Regulations, Permits, and Manuals, PPQ, APHIS,
4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-0627.
SUPPLEMENTARY INFORMATION:
Background
In a final rule that was published in the Federal Register on
January 26, 2010 (75 FR 4228-4253, Docket No. APHIS-2008-0022), and
effective on February 25, 2010, we amended the phytosanitary treatment
regulations in 7 CFR part 305 by removing the lists of approved
treatments and treatment schedules from the regulations, while
retaining the general requirements for performing treatments and
certifying or approving treatment facilities. The final rule also
removed treatment schedules from other places where they had been found
in 7 CFR chapter III.
We replaced the lists of approved treatments that had been in Sec.
305.2 with a general statement in paragraph (b) of that section that
approved treatment schedules are set out in the Plant Protection and
Quarantine (PPQ) Treatment Manual. Paragraph (b) went on to state that
treatments may only be administered in accordance with the treatment
requirements of part 305 and in accordance with treatment schedules
found in the PPQ Treatment Manual. We also amended the general
requirements for performing treatments and certifying or approving
treatment facilities to indicate that such facilities need to be able
to conduct the treatments in the PPQ Treatment Manual.
However, while the PPQ Treatment Manual contains only approved
treatment schedules, it is inappropriate to refer to the PPQ Treatment
Manual as the sole place where approved treatment schedules may be
found and to set requirements for treatment facilities based only on
the treatments in the PPQ Treatment Manual. A treatment schedule is
ultimately approved for use not by dint of its inclusion in the PPQ
Treatment Manual but because the Administrator of the Animal and Plant
Health Inspection Service has decided that the treatment schedule is
effective at neutralizing the targeted plant pest. Ultimately, the
regulations should refer to approval by the Administrator as the
standard for use of a treatment schedule.
Therefore, we are amending paragraph (b) of Sec. 305.2 to indicate
that treatments may only be administered in accordance with the
requirements of part 305 and in accordance with treatment schedules
approved by the Administrator as effective at neutralizing quarantine
pests. We are also amending paragraph (b) to explicitly indicate that
the treatment schedules found in the PPQ Treatment Manual have been
approved by the Administrator.
[[Page 60360]]
As the regulations in part 305 now indicate that treatment must be
administered in accordance with treatment schedules approved by the
Administrator, it is appropriate to provide a means by which persons
can request that the Administrator approve other treatment schedules.
Therefore, we are adding a new paragraph (c) to Sec. 305.2. This
paragraph indicates that persons who wish to have a treatment schedule
approved by the Administrator as effective at neutralizing a quarantine
pest or pests may apply for approval by submitting the treatment
schedule, along with any supporting information and data, to the Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Center for Plant Health Science and Technology, 1730 Varsity Drive,
Suite 400, Raleigh, NC 27606-5202. Upon receipt of such an application,
the Administrator will review the schedule and the supporting
information and data and respond with approval or denial of the
treatment schedule. If the Administrator determines the treatment
schedule to be of potential general use, the Administrator may add the
new treatment schedule to the PPQ Treatment Manual or revise an
existing schedule, as appropriate, in accordance with the process
described in Sec. 305.3.
To accommodate this change, we are redesignating current paragraph
(c) of Sec. 305.2 as paragraph (d). We are also amending the
definition of PPQ Treatment Manual in Sec. 305.1 to make it clear that
all treatment schedules in the manual are approved by the
Administrator, and we are amending the heading of Sec. 305.3, which
describes the process for adding, revising, or removing treatment
schedules, to indicate that it specifically applies to the PPQ
Treatment Manual.
These changes also necessitate changes in Sec. Sec. 305.5 through
305.9, which set out the requirements for administering chemical
treatment, cold treatment, quick freeze treatment, heat treatment, and
irradiation treatment, respectively. Where these sections have referred
to facilities capable of performing treatments in accordance with
treatment schedules in the PPQ Treatment Manual, they now also refer to
performing treatments in accordance with treatment schedules approved
in accordance with Sec. 305.2. For other references to the PPQ
Treatment Manual in those sections, we have added references to
treatment schedules approved in accordance with Sec. 305.2 as well. A
complete list of these changes can be found in the regulatory text at
the end of this document.
As noted earlier, before the publication of the January 2010 final
rule, Sec. 305.2 listed approved treatments for various articles.
Paragraph (h) of Sec. 305.2 listed approved treatments for fruits and
vegetables. At the beginning of the list, paragraph (h)(1) stated that
irradiation treatment in accordance with part 305 could be substituted
for other approved treatments for any pests for which irradiation was
an approved treatment. For example, several fruits and vegetables may
be treated with cold treatment to neutralize certain fruit flies; as
irradiation is an approved treatment for fruit flies, irradiation for
fruit flies in accordance with part 305 may be substituted for cold
treatment for those fruits and vegetables.
We did not include this text in the revised part 305; it is
contained in the PPQ Treatment Manual, thus confirming that
substitution of irradiation for other approved treatments has been
approved by the Administrator. However, since the publication of the
January 2010 final rule, there has been some confusion among the
regulated community regarding our policy on substituting irradiation
for other approved treatments.
To address this confusion, we are adding a new paragraph (o) to
Sec. 305.9, which contains requirements for performing irradiation
treatment, that describes our policy on substituting irradiation for
other approved treatments. The new paragraph reads: ``Treatment of
fruits and vegetables that are from foreign localities, from Hawaii,
Puerto Rico, and the U.S. Virgin Islands, or from domestic areas under
quarantine with irradiation in accordance with this section may be
substituted for other approved treatments if the target pests of the
other approved treatments are approved for treatment with irradiation
in the PPQ Treatment Manual or approved for treatment with irradiation
in accordance with Sec. 305.2.''
List of Subjects in 7 CFR Part 305
Agricultural commodities, Chemical treatment, Cold 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 part 305 as follows:
PART 305--PHYTOSANITARY TREATMENTS
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1. The authority citation for part 305 continues to read as follows:
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.
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2. In Sec. 305.1, in the definition of PPQ Treatment Manual, the first
sentence is revised to read as follows:
Sec. 305.1 Definitions.
* * * * *
PPQ Treatment Manual. A document that contains treatment schedules
that are approved by the Administrator for use under this part. * * *
* * * * *
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3. Section 305.2 is amended as follows:
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a. By revising paragraph (b) to read as set forth below.
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b. By redesignating paragraph (c) as paragraph (d).
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c. By adding a new paragraph (c) to read as set forth below.
Sec. 305.2 Approved treatments.
* * * * *
(b) Treatments may only be administered in accordance with the
requirements of this part and in accordance with treatment schedules
approved by the Administrator as effective at neutralizing quarantine
pests. The treatment schedules found in the PPQ Treatment Manual have
been approved by the Administrator. Treatment schedules may be added to
the PPQ Treatment Manual in accordance with Sec. 305.3. Treatment
schedules may also be approved by the Administrator in accordance with
paragraph (c) of this section.
(c) Persons who wish to have a treatment schedule approved by the
Administrator as effective at neutralizing a quarantine pest or pests
may apply for approval by submitting the treatment schedule, along with
any supporting information and data, to the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Center for Plant
Health Science and Technology, 1730 Varsity Drive, Suite 400, Raleigh,
NC 27606-5202. Upon receipt of such an application, the Administrator
will review the schedule and the supporting information and data and
respond with approval or denial of the treatment schedule. If the
Administrator determines the treatment schedule to be of potential
general use, the Administrator may add the new treatment schedule to
the PPQ Treatment Manual or revise an existing schedule, as
appropriate, in accordance with Sec. 305.3.
* * * * *
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4. In Sec. 305.3, the section heading is revised to read as follows:
[[Page 60361]]
Sec. 305.3 Processes for adding, revising, or removing treatment
schedules in the PPQ Treatment Manual.
* * * * *
Sec. 305.5 [Amended]
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5. Section 305.5 is amended as follows:
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a. In paragraph (a)(1), by adding the words ``or in another treatment
schedule approved in accordance with Sec. 305.2'' after the word
``Manual''.
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b. In paragraph (c)(1), in the first sentence, by adding the words ``or
in another treatment schedule approved in accordance with Sec. 305.2''
after the word ``Manual''; and, in the second sentence, by adding the
words ``or approved in accordance with Sec. 305.2'' after the word
``Manual''.
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c. In paragraph (c)(3), in the first sentence, by adding the words ``or
in another approved treatment schedule'' after the word ``Manual''.
Sec. 305.6 [Amended]
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6. Section 305.6 is amended as follows:
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a. In paragraph (a) introductory text, by adding the words ``or in
another treatment schedule approved in accordance with Sec. 305.2''
after the word ``Manual''.
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b. In paragraph (c)(1), by adding the words ``or in another approved
treatment schedule'' after the word ``Manual''.
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c. In paragraph (d)(14), by adding the words ``or in accordance with
another approved treatment schedule'' after the word ``Manual''.
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7. Section 305.7 is amended as follows:
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a. In the second sentence, by removing the word ``the'' before the word
``fruits''.
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b. By adding a new sentence at the end of the section to read as set
forth below.
Sec. 305.7 Quick freeze treatment requirements.
* * * Requests to authorize quick freeze as a treatment for other
fruits and vegetables may be made in accordance with Sec. 305.2(c).
Sec. 305.8 [Amended]
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8. In Sec. 305.8, paragraph (a)(1) is amended by adding the words ``or
in another treatment schedule approved in accordance with Sec. 305.2''
after the word ``Manual''.
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9. Section 305.9 is amended as follows:
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a. In paragraph (d)(1), by adding the words ``or in another treatment
schedule approved in accordance with Sec. 305.2'' after the word
``Manual''.
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b. In paragraph (i), by adding the words ``or in another approved
treatment schedule'' after the word ``Manual''.
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c. In paragraph (j)(2), by adding the words ``or by another approved
treatment schedule'' after the word ``Manual''.
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d. In paragraph (n), by adding the words ``or the plant pests for which
another treatment schedule is approved in accordance with Sec. 305.2''
after the word ``Manual''.
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e. By adding a new paragraph (o) to read as set forth below.
Sec. 305.9 Irradiation treatment requirements.
* * * * *
(o) Substitution of irradiation for other treatments. Treatment of
fruits and vegetables that are from foreign localities, from Hawaii,
Puerto Rico, and the U.S. Virgin Islands, or from domestic areas under
quarantine with irradiation in accordance with this section may be
substituted for other approved treatments if the target pests of the
other approved treatments are approved for treatment with irradiation
in the PPQ Treatment Manual or approved for treatment with irradiation
in accordance with Sec. 305.2.
* * * * *
Done in Washington, DC, this 23rd day of September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-25097 Filed 9-28-11; 8:45 am]
BILLING CODE 3410-34-P
