[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Rules and Regulations]
[Pages 8461-8466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4384]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 37 / Monday, February 25, 2002 / 
Rules and Regulations  

[[Page 8461]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300, 301, 318, 319, and 353

[Docket No. 01-050-1]


Steam Treatment of Golden Nematode-Infested Farm Equipment, 
Construction Equipment, and Containers

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the Plant Protection and Quarantine Treatment 
Manual, which is incorporated by reference into the Code of Federal 
Regulations, to allow containers, construction equipment without cabs, 
and farm equipment without cabs used in golden nematode-infested areas 
to be treated with steam heat before being moved interstate from any 
regulated area. This action provides an alternative to fumigation with 
methyl bromide for treating used containers, construction equipment 
without cabs, and farm equipment without cabs.

DATES: This rule will be effective on April 26, 2002 unless we receive 
written adverse comments or written notice of intent to submit adverse 
comments that are postmarked, delivered, or e-mailed by March 27, 2002. 
The incorporation by reference provided for by this rule is approved by 
the Director of the Federal Register as of April 26, 2002.

ADDRESSES: You may submit comments or notice of intent to submit 
adverse comments by postal mail/commercial delivery or by e-mail. If 
you use postal mail/commercial delivery, please send four copies (an 
original and three copies) to: Docket No. 01-050-1, Regulatory Analysis 
and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 01-050-1. If you use e-mail, address your comment to 
[email protected]. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 01-050-1'' on the subject 
line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room 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) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Agriculturist, 
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 
39, Riverdale, MD 20737-1231; (301) 734-6774.

SUPPLEMENTARY INFORMATION:

Background

    The golden nematode (Globodera rostochiensis) is a plant pest that 
is highly destructive to potatoes and other solanaceous plants. The 
golden nematode has been determined to occur in the United States only 
in parts of New York.
    The golden nematode regulations (contained in 7 CFR 301.85 through 
301.85-10 and referred to below as the regulations) list two entire 
counties and portions of seven other counties in the State of New York 
as regulated areas and restrict the interstate movement of regulated 
articles from those areas. Such restrictions are necessary to prevent 
the artificial spread of the golden nematode to noninfested areas of 
the United States.
    Regulated articles are identified in Sec. 301.85(b). The list of 
regulated articles includes used mechanized cultivating equipment, used 
mechanized harvesting equipment, used mechanized soil-moving equipment, 
used crates, and other used farm products containers. Regulated 
articles must meet conditions specified in the regulations before they 
may be moved interstate from a regulated area. One of the conditions 
for movement is treatment.
    The Plant Protection and Quarantine Treatment Manual (PPQ Treatment 
Manual), which is maintained by the U.S. Department of Agriculture's 
(USDA) Animal and Plant Health Inspection Service (APHIS), contains 
approved treatment schedules and is incorporated by reference into the 
Code of Federal Regulations at 7 CFR 300.1. Currently, fumigation with 
methyl bromide is the sole treatment available in the PPQ Treatment 
Manual to qualify used containers, construction equipment, and farm 
equipment for interstate movement from areas infested with golden 
nematodes.
    Research conducted by APHIS\1\ has demonstrated that steam heat 
effectively eliminates the golden nematode. Steam treatment takes less 
time than fumigation with methyl bromide--1 hour versus 24 to 48 
hours--and commodities can be released to the owner immediately after 
steam treatment, whereas several hours of aeration are required after 
methyl bromide fumigation. Steam treatment is not harmful to the 
environment and is noncorrosive. No special precautions are necessary 
for the transportation of steam treatment equipment. In addition, steam 
treatments can be performed at farm or warehouse locations with less 
stringent safety requirements than those needed for methyl bromide 
fumigation (e.g., enclosures used for methyl bromide fumigation must be 
leakproof, and the location must be secured to prevent unauthorized 
entry and exposure to methyl bromide).
---------------------------------------------------------------------------

    \1\ Information concerning this research may be obtained from 
the person listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    Therefore, we are amending the PPQ Treatment Manual to allow used 
containers, used construction equipment without cabs, and used farm 
equipment without cabs to be treated with steam heat before being moved 
interstate from any regulated area. (Pending further testing, this 
treatment was not recommended for equipment or vehicles with cabs due 
to possible damage to electrical or plastic components.) This action 
provides an alternative to fumigation with methyl

[[Page 8462]]

bromide for treating used containers, construction equipment, and farm 
equipment. The treatment procedure we are adding to the PPQ Treatment 
Manual is described in the following paragraphs.

Treatment Procedure

    Administer steam treatment in a tarpaulin or tent using steam 
generators. The recommended minimum air temperature for steam treatment 
varies according to the size of the enclosure in which the treatment is 
conducted. For enclosures 4,000 ft\3\ or less, the recommended minimum 
air temperature is 40  deg.F, and for enclosures 4,000 to 6,000 ft\3\, 
the recommended minimum air temperature is 60  deg.F.
    Place the farm equipment or containers inside the tarpaulin or tent 
so that it faces the front of the enclosure, where the steam will be 
introduced. If a tarp (6 mil plastic) is used instead of a tent, pad 
sharp edges of the equipment or containers before covering with the 
tarp. Place temperature recording sensors on the equipment or 
containers to be treated.
    When the treatment is being conducted in enclosures 4,000 ft\3\ or 
less, use at least four temperature recording sensors in addition to 
the probe on the steam generator. Place probes in hard-to-treat cracks 
or crevices on the equipment or containers. Position probes in the 
following locations: (1) Front high--near the top of the front of the 
equipment or load; (2) center middle--midway from the top and bottom of 
the center of the equipment or load; (3) center bottom-- bottom of the 
center of the equipment or load, but at least 3 inches above the floor 
if the equipment is flush with the floor; and (4) rear bottom--bottom 
of the rear of the equipment, but at least 3 inches above the floor if 
the equipment is flush with the floor.
    When the treatment is being conducted in enclosures 4,000 to 6,000 
ft\3\, use at least eight temperature recording sensors in addition to 
the probe on the steam generator. Again, place probes in hard-to-treat 
cracks or crevices on the equipment or containers. Position probes in 
the following locations: (1) Front high--near the top of the left side 
of the front of the equipment or load; (2) front low--bottom of the 
right side of the front of the equipment or load, but at least 3 inches 
above the floor if the equipment is flush with the floor; (3) center 
high--near the top of the center of the equipment or load on the right 
side; (4) center middle--midway from the top and bottom of the center 
of the equipment or load; (5) center low--bottom of the center of the 
equipment or load on the left side, but at least 3 inches above the 
floor if the equipment is flush with the floor; (6) rear high--near the 
top of the rear of the equipment on the right side; (7) rear middle--
midway from the top and bottom of the rear of the equipment; and (8) 
rear low--bottom of the rear of the equipment or load on the left side, 
but at least 3 inches above the floor if the equipment is flush with 
the floor.
    Place the steam generator at the front of the enclosure. Close the 
tent or tarp and place sandsnakes (flexible weights) at the base to 
seal it. As an airtight seal is not essential for steam treatment; 
small pinholes are acceptable.
    Steam heat the enclosure for 60 minutes after all probes reach a 
minimum of 140  deg.F (60  deg.C). The maximum temperature in the 
enclosure should not exceed 160  deg.F (71  deg.C). Throughout the 
treatment, record the temperatures at least once every 2 minutes.

Miscellaneous

    The scientific name for golden nematode has been changed from 
Heterodera rostochiensis to Globodera rostochiensis. Therefore, we are 
amending Secs. 301.85(a) and 301.85-1 to reflect that change.
    We are also revising the definition for the term treatment manual 
in Sec. 301.85-1 so that it refers to the PPQ Treatment Manual rather 
than the ``Manual of Administratively Authorized Procedures to be Used 
Under the Golden Nematode Quarantine'' and the ``Fumigation Procedures 
Manual,'' which are no longer in use. Revising the definition of 
treatment manual will eliminate footnote 1, so we are also 
redesignating the subsequent footnotes in the subpart.
    The definitions in Sec. 301.85-1 are no longer assigned paragraph 
designations and are simply listed in alphabetical order. We are, 
therefore, amending Sec. 301.85(b) to update a reference to the 
definition of regulated article.
    Finally, we are revising part 300 so that all of the materials 
incorporated by reference are assigned specific section designations. 
Accordingly, we are also updating citations to part 300 found elsewhere 
in title 7.

Dates

    We are publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comment. This rule will be effective, as published in this document, on 
April 26, 2002, unless we receive written adverse comments or written 
notice of intent to submit adverse comments that are postmarked, 
delivered, or e-mailed by March 27, 2002.
    Adverse comments are comments that suggest the rule should not be 
adopted or that suggest the rule should be changed.
    If we receive written adverse comments or written notice of intent 
to submit adverse comments, we will publish a document in the Federal 
Register withdrawing this rule before the effective date. We will then 
publish a proposed rule for public comment.
    As discussed above, if we receive no written adverse comments nor 
written notice of intent to submit adverse comments that are 
postmarked, delivered, or e-mailed within 30 days of publication of 
this direct final rule, this direct final rule will become effective 60 
days following its publication. We will publish a document in the 
Federal Register, before the effective date of this direct final rule, 
confirming that it is effective on the date indicated in this document.

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 
process required by Executive Order 12866.
    This rule, which allows containers, construction equipment without 
cabs, and farm equipment without cabs used in golden nematode-infested 
areas to be treated with steam heat before being moved interstate from 
any regulated area, provides an alternative to fumigation with methyl 
bromide.
    It is expected that the cost of steam treatment will compare 
favorably to the cost of methyl bromide fumigation. Treatment costs 
will continue to be borne by APHIS. A steam generator and related 
equipment, such as temperature sensors and plastic tarps, costs 
approximately $20,000. After the initial investment in equipment, most 
of the cost of treatment is due to personnel costs. It takes one 8-hour 
day for a Plant Protection and Quarantine (PPQ) officer and a 
technician to steam treat farm equipment, including the time required 
to set up and tear down the treatment site.
    In contrast, there are higher equipment and personnel costs 
associated with methyl bromide treatment. The cost of methyl bromide is 
currently $3.24 per pound. For a 24-hour treatment, 15 lbs of methyl 
bromide per 1,000 ft 3 is needed, while 7.5 lbs of methyl 
bromide per 1,000 ft 3 are needed for a 48-hour treatment. 
PPQ officers must be certified to handle

[[Page 8463]]

pesticides and must use a self-contained breathing apparatus during the 
treatment. A self-contained breathing apparatus costs $1,500 plus the 
cost of periodic maintenance. Air tanks cost $600-$700 and typically 
last about 3 years.
    Personnel costs also would be higher for methyl bromide treatment 
than for steam treatment. Methyl bromide treatment takes from 24 to 48 
hours. If the methyl bromide treatment site is secure, it is not 
necessary to have a PPQ officer on site during the entire treatment 
period. However, if the site is not secure, it is not advisable to 
leave the treatment site unattended.
    Table 1 shows costs associated with each treatment option. These 
calculations assume that one GS-11 PPQ officer and one GS-7 technician 
would have to stay on site twice as long for methyl bromide treatments 
as for steam treatments. As noted previously, methyl bromide currently 
costs $3.24 per pound; these calculations assume that 30 lbs are needed 
per treatment, which is enough to treat 2,000 ft 3. We 
estimate that, over the course of 600 treatments, the use of steam 
treatment rather than methyl bromide would result in savings of 
$259,920. This is considerably more than the initial cost of the 
equipment needed for the steam treatment.

                     Table 1.--Marginal Cost of Steam Treatment vs. Methyl Bromide Treatment
----------------------------------------------------------------------------------------------------------------
                                               Steam treatment                         Methyl bromide
----------------------------------------------------------------------------------------------------------------
Labor GS-11, step 5..............  $200 ($25/hr  x  8 hrs)...............  $400 ($25/hr  x  16 hrs)
Labor GS-7, step 5...............  $136 ($17/hr  x  8 hrs)...............  $272 ($17/hr  x  16 hrs)
Chemicals........................  NA....................................  $97.20 ($3.24  x  30 lbs)
Sub-total........................  $336..................................  $769.20
Treatments per year..............  600...................................  600
                                  ------------------------------------------------------------------------------
    Total cost...................  $201,600..............................  $461,520
----------------------------------------------------------------------------------------------------------------

    Over the past 4 years, an average of 618 pieces of farm equipment 
per year have been treated. It is expected that, with this rule, most 
of these treatments will be steam treatments. However, there may still 
be some cases in which methyl bromide treatment is the preferred method 
of treatment.
    While there are higher initial costs for steam treatment, the 
marginal cost for each treatment would be lower. Because steam 
treatment has lower marginal costs, in the long run it will be more 
economical to use steam treatment than methyl bromide fumigation.
    Potato farms are classified as small businesses if they have less 
than $750,000 in annual receipts. USDA's National Agricultural 
Statistics Service (NASS) does not publish data by farm size for New 
York potato farms. However, it is likely that most of the farms 
affected by this rule would qualify as small businesses, as defined by 
the U.S. Small Business Administration (SBA).
    This rule provides an alternative treatment for farm equipment, 
construction equipment, and containers used in golden nematode-infested 
areas. Farmers do not pay for the treatment; the costs are borne by 
APHIS. This is to encourage farmers to treat equipment before selling 
or moving it. Farm equipment is often treated when a farm is sold or 
going out of business, when farmers are unlikely to have the funds 
available to pay for treatment. Because the cost is not borne by the 
farmer, this rule will not have an adverse economic impact on these 
small entities.
    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 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 rule contains no new 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 300

    Incorporation by reference, Plant diseases and pests, Quarantine.

7 CFR Part 301

    Agricultural commodities, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

7 CFR Part 318

    Cotton, Cottonseeds, Fruits, Guam, Hawaii, Incorporation by 
reference, Plant diseases and pests, Puerto Rico, Quarantine, 
Transportation, Vegetables, Virgin Islands.

7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Logs, Nursery Stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

7 CFR Part 353

    Exports, Incorporation by reference, Plant diseases and pests, 
Reporting and recordkeeping requirements.

    Accordingly, we are amending 7 CFR chapter III as follows:
    1. Part 300 is revised to read as follows:

PART 300-INCORPORATION BY REFERENCE

Subpart--Materials Incorporated by Reference

Sec.
300.1  Plant Protection and Quarantine Treatment Manual.
300.2  Dry Kiln Operator's Manual.
300.3  Reference Manual A.
300.4  Reference Manual B.

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.


Sec. 300.1  Plant Protection and Quarantine Treatment Manual.

    (a) In accordance with 5 U.S.C. 552(a) and 1 CFR part 51, the 
Director of the Office of the Federal Register has approved for 
incorporation by reference

[[Page 8464]]

in 7 CFR chapter III the Plant Protection and Quarantine Treatment 
Manual, which was reprinted November 30, 1992, and all revisions 
through May 2000; and:
    (1) Treatment T101-n-2 and T102-b, and Table 5-2-5, revised July 
2001;
    (2) Treatment T102-e, revised July 2001; and
    (3) Treatment T406-d, dated January 2002.
    (b) The treatments specified in the Plant Protection and Quarantine 
Treatment Manual and its revisions are required to authorize the 
movement of certain articles regulated by domestic quarantines (7 CFR 
parts 301 and 318) and foreign quarantines (7 CFR part 319).
    (c) Availability. Copies of the Plant Protection and Quarantine 
Treatment Manual:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC; or
    (2) May be obtained by writing or calling the Animal and Plant 
Health Inspection Service, Documents Management Branch, Printing 
Distribution and Mail Section, 4700 River Road Unit 1, Riverdale, MD 
20737-1229, (301) 734-5524; or
    (3) May be obtained from field offices of the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine. Addresses 
of these offices may be found in local telephone directories.


Sec. 300.2  Dry Kiln Operator's Manual.

    (a) The Dry Kiln Operator's Manual, which was published in August 
1991 as Agriculture Handbook No. 188 by the United States Department of 
Agriculture, Forest Service, has been approved for incorporation by 
reference in 7 CFR chapter III by the Director of the Office of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (b) The kiln drying schedules specified in the Dry Kiln Operator's 
Manual provide a method by which certain articles regulated by 
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles'' (7 
CFR 319.40-1 through 319.40-11) may be imported into the United States.
    (c) Availability. Copies of the Dry Kiln Operator's Manual:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC; or
    (2) Are for sale as ISBN 0-16-035819-1 by the U.S. Government 
Printing Office, Superintendent of Documents, Mail Stop: SSOP, 
Washington, DC 20402-9328.


Sec. 300.3  Reference Manual A.

    (a) The Reference Manual for Administration, Procedures, and 
Policies of the National Seed Health System, which was published on 
February 25, 2000, by the National Seed Health System (NSHS), has been 
approved for incorporation by reference in 7 CFR chapter III by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (b) Availability. Copies of Reference Manual A:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC, and the APHIS Library, U.S. Department of Agriculture, 4700 River 
Road, Riverdale, MD; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, 
MD 20737-1236; or
    (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation.


Sec. 300.4  Reference Manual B.

    (a) The Reference Manual for Seed Health Testing and Phytosanitary 
Field Inspection Methods, which was published on February 27, 2001, by 
the National Seed Health System (NSHS), has been approved for 
incorporation by reference in 7 CFR chapter III by the Director of the 
Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
    (b) Availability. Copies of Reference Manual B:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC, and the APHIS Library, U.S. Department of Agriculture, 4700 River 
Road, Riverdale, MD; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, 
MD 20737-1236; or
    (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation.

PART 301--DOMESTIC QUARANTINE NOTICES

    2. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 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).

    3. In Sec. 301.45-1, footnote 3 is revised to read as follows:


Sec. 301.45-1  Definitions.

* * * * *
    \3\ The Plant Protection and Quarantine Treatment Manual is 
incorporated by reference at Sec. 300.1 of this chapter.


    4. In Sec. 301.64-10, paragraphs (a) and (f) are amended by 
revising the first sentence after the paragraph heading to read as 
follows:


Sec. 301.64-10  Treatments.

* * * * *
    (a) * * * Cold treatment in accordance with the PPQ Treatment 
Manual, which is incorporated by reference at Sec. 300.1 of this 
chapter.
* * * * *
    (f) * * * Cold treatment in accordance with the PPQ Treatment 
Manual, which is incorporated by reference at Sec. 300.1 of this 
chapter, and in accordance with the following schedule:
* * * * *

    5. In Sec. 301.78-10, the introductory paragraph is revised to read 
as follows:


Sec. 301.78-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy Mediterranean fruit fly are authorized for 
use on regulated articles. The Plant Protection and Quarantine 
Treatment Manual is incorporated by reference at Sec. 300.1 of this 
chapter. The following treatments may be used for the regulated 
articles indicated:
* * * * *

    6. In Sec. 301.81-4, paragraph (b) is revised to read as follows:


Sec. 301.81-4  Interstate movement of regulated articles from 
quarantined areas.

* * * * *
    (b) Inspectors are authorized to stop any person or means of 
conveyance moving in interstate commerce they have probable cause to 
believe is moving regulated articles, and to inspect the articles being 
moved and the means of conveyance. Articles found to be infested by an 
inspector, and articles not in compliance with the regulations in this 
subpart, may be seized, quarantined, treated, subjected to other 
remedial measures, destroyed, or otherwise disposed of. Any treatments 
will be in accordance with the methods and procedures prescribed in the 
Appendix to this subpart (III. Regulatory Procedures), or in accordance 
with the methods and procedures prescribed in the Plant Protection and 
Quarantine

[[Page 8465]]

Treatment Manual, which is incorporated by reference at Sec. 300.1 of 
this chapter.
* * * * *


Sec. 301.85  [Amended]

    7. In Sec. 301.85, paragraph (a) is amended by removing the words 
``(Heterodera rostochiensis)'' and adding the words ``(Globodera 
rostochiensis)'' in their place and in paragraph (b), the introductory 
text is amended by removing the citation ``Sec. 301.85-1(q)'' and 
adding the citation ``Sec. 301.85-1'' in its place.

    8. Section 301.85-1 is amended as follows:
    a. In the definition of Golden nematode, by removing the words 
``(Heterodera rostochiensis)'' and adding the words ``(Globodera 
rostochiensis)'' in their place.
    b. By revising the definition of treatment manual to read as 
follows.


Sec. 301.85-1  Definitions.

* * * * *
    Treatment manual. The provisions currently contained in the Plant 
Protection and Quarantine Treatment Manual, which is incorporated by 
reference at Sec. 300.1 of this chapter.


Sec. 301.85-2b  [Amended]

    9. In Sec. 301.85-2b, footnote 2 and its reference in the section 
heading are redesignated as footnote 1.


Sec. 301.85-3  [Amended]

    10. Section 301.85-3 is amended as follows:
    a. Footnote 3 and its reference in the section heading are 
redesignated as footnote 2.
    b. In paragraph (b), footnotes 4 and 5 and their references in the 
text are redesignated as footnotes 3 and 4, respectively.
    11. In Sec. 301.93-10, the introductory paragraph is revised to 
read as follows:


Sec. 301.93-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy the Oriental fruit fly are approved for use 
on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference at Sec. 300.1 of this chapter. The 
following treatments can be used for bell pepper, citrus and grape, 
tomato, premises, and soil:
* * * * *

    12. In Sec. 301.97-10, the introductory paragraph is revised to 
read as follows:


Sec. 301.97-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy the melon fruit fly are authorized for use 
on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference at Sec. 300.1 of this chapter. The 
following treatments also may be used for the regulated articles 
indicated:
* * * * *

    13. In Sec. 301.98-10, the introductory paragraph is revised to 
read as follows:


Sec. 301.98-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy the West Indian fruit fly are authorized 
for use on regulated articles. The Plant Protection and Quarantine 
Treatment Manual is incorporated by reference at Sec. 300.1 of this 
chapter. The following treatments also may be used for the regulated 
articles indicated:
* * * * *

PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES

    14. The authority citation for part 318 continues to read as 
follows:

    Authority: 7 U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7 
CFR 2.22, 2.80, and 371.3.

    15. Section 318.13-11 is revised to read as follows:


Sec. 318.13-11  Disinfection of means of conveyance.

    If an inspector, through an inspection pursuant to this subpart, 
finds that a means of conveyance is infested with or contains plant 
pests, and the inspector orders disinfection of the means of 
conveyance, then the person in charge or in possession of the means of 
conveyance shall disinfect the means of conveyance and its cargo in 
accordance with an approved method contained in the Plant Protection 
and Quarantine Treatment Manual under the supervision of an inspector 
and in a manner prescribed by the inspector, prior to any movement of 
the means of conveyance or its cargo. The Plant Protection and 
Quarantine Treatment Manual is incorporated by reference at Sec. 300.1 
of this chapter.

    16. In Sec. 318.58-4, paragraph (b) is revised to read as follows:


Sec. 318.58-4  Issuance of certificates or limited permits.

* * * * *
    (b) Certification on basis of treatment. Fruits and vegetables 
designated in Sec. 318.58-2(b) may be certified after undergoing an 
approved treatment contained in the Plant Protection and Quarantine 
Treatment Manual under the supervision of an inspector and if the 
articles are handled after treatment in accordance with all conditions 
that the inspector requires. The Plant Protection and Quarantine 
Treatment Manual is incorporated by reference at Sec. 300.1 of this 
chapter. Treatments shall be applied at the expense of the shipper, 
owner, or person in charge of the articles. The Department of 
Agriculture or its inspector will not be responsible for loss or damage 
resulting from any treatment prescribed or supervised under this 
subpart.
* * * * *

    17. Section 318.58-11 is revised to read as follows:


Sec. 318.58-11  Disinfection of means of conveyance.

    If an inspector, through an inspection pursuant to this subpart, 
finds that a means of conveyance is infested with or contains any plant 
pest, and the inspector orders disinfection of the means of conveyance, 
then the person in charge or in possession of the means of conveyance 
shall disinfect the means of conveyance and its cargo, in accordance 
with an approved method contained in the Plant Protection and 
Quarantine Treatment Manual under the supervision of an inspector and 
in a manner prescribed by the inspector, prior to any movement of the 
means of conveyance or its cargo. The Plant Protection and Quarantine 
Treatment Manual is incorporated by reference at Sec. 300.1 of this 
chapter.

PART 319--FOREIGN QUARANTINE NOTICES

    18. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


    19. In Sec. 319.37-4, footnote 6 is revised to read as follows:


Sec. 319.37-4  Inspection, treatment, and phytosanitary certificates of 
inspection.

* * * * *

    \6\ The Plant Protection and Quarantine Manual is incorporated 
by reference at Sec. 300.1 of this chapter.

Sec. 319.40-7  [Amended]

    20. In Sec. 319.40-7, paragraph (d)(1)(i) is amended by removing 
the citation ``Sec. 300.1'' and adding the citation ``Sec. 300.2'' in 
its place.

    21. In Sec. 319.56-2h, paragraph (b) is revised to read as follows:

[[Page 8466]]

Sec. 319.56-2h  Regulations governing the entry of grapes from 
Australia.

* * * * *
    (b) Authorized treatments. Authorized treatments are listed in the 
Plant Protection and Quarantine Treatment Manual, which is incorporated 
by reference at Sec. 300.1 of this chapter.
* * * * *

    22. In Sec. 319.56-2i, paragraph (a) is revised to read as follows:


Sec. 319.56-2i  Administrative instructions prescribing treatments for 
mangoes from Central America, South America, and the West Indies.

    (a) Authorized treatments. Treatment with an authorized treatment 
listed in the Plant Protection and Quarantine Treatment Manual will 
meet the treatment requirements imposed under Sec. 319.56-2 as a 
condition for the importation into the United States of mangoes from 
Central America, South America, and the West Indies. The Plant 
Protection and Quarantine Treatment Manual is incorporated by reference 
at Sec. 300.1 of this chapter.
* * * * *

    23. In Sec. 319.56-2p, paragraph (f) is revised to read as follows:


Sec. 319.56-2p  Administrative instructions prescribing treatment and 
relieving restrictions regarding importation of okra from Mexico, the 
West Indies, and certain countries in South America.

* * * * *
    (f) Treatment of okra for pests other than pink bollworm. If, upon 
examination of okra imported in accordance with paragraphs (c), (d), or 
(e) of this section, an inspector at the port of arrival finds 
injurious insects, other than the pink bollworm, that do not exist in 
the United States or are not widespread in the United States, the okra 
will remain eligible for entry into the United States only if it is 
treated for the injurious insects in the physical presence of an 
inspector in accordance with the Plant Protection and Quarantine 
Treatment Manual. The Plant Protection and Quarantine Treatment Manual 
is incorporated by reference at Sec. 300.1 of this chapter. If the 
treatment authorized by the Plant Protection and Quarantine Treatment 
Manual is not available, or if no authorized treatment exists, the okra 
may not be entered into the United States.

    24. In Sec. 319.56-2r, paragraph (g)(2) is revised to read as 
follows:


Sec. 319.56-2r  Administrative instructions governing the entry of 
apples and pears from certain countries in Europe.

* * * * *
    (g) * * *
    (2) Authorized treatments are listed in the Plant Protection and 
Quarantine Treatment Manual, which is incorporated by reference at 
Sec. 300.1 of this chapter.
* * * * *

    25. In Sec. 319.56-2s, paragraph (f)(2) is revised to read as 
follows:


Sec. 319.56-2s  Administrative instructions governing the entry of 
apricots, nectarines, peaches, plumcot, and plums from Chile.

* * * * *
    (f) * * *
    (2) Authorized treatments are listed in the Plant Protection and 
Quarantine Treatment Manual, which is incorporated by reference at 
Sec. 300.1 of this chapter.
* * * * *

PART 353-EXPORT CERTIFICATION

    26. The authority citation for part 353 continues to read as 
follows:

    Authority: 7 U.S.C. 7711, 7712, 7718, 7751, and 7754; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec. 353.1  [Amended]

    27. Section 353.1 is amended as follows:
    a. In the definition of Reference Manual A, by removing the 
citation ``Sec. 300.1'' and adding the citation ``Sec. 300.3'' in its 
place.
    b. In the definition of Reference Manual B, by removing the 
citation ``Sec. 300.1'' and adding the citation ``Sec. 300.4'' in its 
place.


Sec. 353.9  [Amended]

    28. Section 353.9 is amended as follows:
    a. In paragraph (b)(2), the introductory text, by removing the 
citation ``Sec. 300.1'' and adding the citation ``Sec. 300.4'' in its 
place.
    b. In paragraph (b)(3), by removing the citation ``Sec. 300.1'' and 
adding the citation ``Sec. 300.3'' in its place.

    Done in Washington, DC, this 19th day of February 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-4384 Filed 2-22-02; 8:45 am]
BILLING CODE 3410-34-P