[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43052-43053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17840]


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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.

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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 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:
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    \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.
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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(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.
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    \2\ To view the notice, TEDs, and comment we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0009.
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    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]
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