[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
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
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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).
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\1\ Information concerning this research may be obtained from
the person listed under FOR FURTHER INFORMATION CONTACT.
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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
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Steam treatment Methyl bromide
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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
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Total cost................... $201,600.............................. $461,520
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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