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 under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

8461

Vol. 67, No. 37

Monday, February 25, 2002

1 Information concerning this research may be

obtained from the person listed under FOR FURTHER

INFORMATION CONTACT.

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 NematodeInfested 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

regulations@aphis.usda.gov. 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

§ 301.85(b). The list of regulated articles

includes used mechanized cultivating

equipment, used mechanized harvesting

equipment, used mechanized soilmoving 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 APHIS1 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).

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

8462 Federal Register / Vol. 67, No. 37 / Monday, February 25, 2002 / Rules and Regulations

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 ft3 or less, the

recommended minimum air

temperature is 40 °F, and for enclosures

4,000 to 6,000 ft3, the recommended

minimum air temperature is 60 °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 ft3 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

ft3, 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 °F (60 °C). The

maximum temperature in the enclosure

should not exceed 160 °F (71 °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 §§ 301.85(a) and 301.85–1 to

reflect that change.

We are also revising the definition for

the term treatment manual in § 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 § 301.85–1 are no

longer assigned paragraph designations

and are simply listed in alphabetical

order. We are, therefore, amending

§ 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

Federal Register / Vol. 67, No. 37 / Monday, February 25, 2002 / Rules and Regulations 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 × 8 hrs) ......... $400 ($25/hr × 16 hrs)

Labor GS–7, step 5 ....................................................................................................... $136 ($17/hr × 8 hrs) ......... $272 ($17/hr × 16 hrs)

Chemicals ...................................................................................................................... NA ...................................... $97.20 ($3.24 × 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.

§ 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

8464 Federal Register / Vol. 67, No. 37 / Monday, February 25, 2002 / Rules and Regulations

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.

§ 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.

§ 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.

§ 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 § 301.45–1, footnote 3 is revised

to read as follows:

§ 301.45–1 Definitions.

* * * * * 3The Plant Protection and Quarantine

Treatment Manual is incorporated by

reference at § 300.1 of this chapter.

4. In § 301.64–10, paragraphs (a) and

(f) are amended by revising the first

sentence after the paragraph heading to

read as follows:

§ 301.64–10 Treatments.

* * * * *

(a) * * * Cold treatment in accordance

with the PPQ Treatment Manual, which

is incorporated by reference at § 300.1 of

this chapter.

* * * * *

(f) * * * Cold treatment in accordance

with the PPQ Treatment Manual, which

is incorporated by reference at § 300.1 of

this chapter, and in accordance with the

following schedule:

* * * * *

5. In § 301.78–10, the introductory

paragraph is revised to read as follows:

§ 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

§ 300.1 of this chapter. The following

treatments may be used for the regulated

articles indicated:

* * * * *

6. In § 301.81–4, paragraph (b) is

revised to read as follows:

§ 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

Federal Register / Vol. 67, No. 37 / Monday, February 25, 2002 / Rules and Regulations 8465

Treatment Manual, which is

incorporated by reference at § 300.1 of

this chapter.

* * * * *

§ 301.85 [Amended]

7. In § 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 ‘‘§ 301.85–1(q)’’

and adding the citation ‘‘§ 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.

§ 301.85–1 Definitions.

* * * * *

Treatment manual. The provisions

currently contained in the Plant

Protection and Quarantine Treatment

Manual, which is incorporated by

reference at § 300.1 of this chapter.

§ 301.85–2b [Amended]

9. In § 301.85–2b, footnote 2 and its

reference in the section heading are

redesignated as footnote 1.

§ 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 § 301.93–10, the introductory

paragraph is revised to read as follows:

§ 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 § 300.1 of

this chapter. The following treatments

can be used for bell pepper, citrus and

grape, tomato, premises, and soil:

* * * * *

12. In § 301.97–10, the introductory

paragraph is revised to read as follows:

§ 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 § 300.1 of

this chapter. The following treatments

also may be used for the regulated

articles indicated:

* * * * *

13. In § 301.98–10, the introductory

paragraph is revised to read as follows:

§ 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 § 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:

§ 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

§ 300.1 of this chapter.

16. In § 318.58–4, paragraph (b) is

revised to read as follows:

§ 318.58–4 Issuance of certificates or

limited permits.

* * * * *

(b) Certification on basis of treatment.

Fruits and vegetables designated in

§ 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 § 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:

§ 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

§ 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 § 319.37–4, footnote 6 is revised

to read as follows:

§ 319.37–4 Inspection, treatment, and

phytosanitary certificates of inspection.

* * * * *

6The Plant Protection and Quarantine

Manual is incorporated by reference at

§ 300.1 of this chapter.

§ 319.40–7 [Amended]

20. In § 319.40–7, paragraph (d)(1)(i)

is amended by removing the citation

‘‘§ 300.1’’ and adding the citation

‘‘§ 300.2’’ in its place.

21. In § 319.56–2h, paragraph (b) is

revised to read as follows:

8466 Federal Register / Vol. 67, No. 37 / Monday, February 25, 2002 / Rules and Regulations

§ 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 § 300.1 of this chapter.

* * * * *

22. In § 319.56–2i, paragraph (a) is

revised to read as follows:

§ 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

§ 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

§ 300.1 of this chapter.

* * * * *

23. In § 319.56–2p, paragraph (f) is

revised to read as follows:

§ 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 § 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 § 319.56–2r, paragraph (g)(2) is

revised to read as follows:

§ 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 § 300.1 of

this chapter.

* * * * *

25. In § 319.56–2s, paragraph (f)(2) is

revised to read as follows:

§ 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 § 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.

§ 353.1 [Amended]

27. Section 353.1 is amended as

follows:

a. In the definition of Reference

Manual A, by removing the citation

‘‘§ 300.1’’ and adding the citation

‘‘§ 300.3’’ in its place.

b. In the definition of Reference

Manual B, by removing the citation

‘‘§ 300.1’’ and adding the citation

‘‘§ 300.4’’ in its place.

§ 353.9 [Amended]

28. Section 353.9 is amended as

follows:

a. In paragraph (b)(2), the introductory

text, by removing the citation ‘‘§ 300.1’’

and adding the citation ‘‘§ 300.4’’ in its

place.

b. In paragraph (b)(3), by removing the

citation ‘‘§ 300.1’’ and adding the

citation ‘‘§ 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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 145 and 147

[Docket No. 00–075–2]

National Poultry Improvement Plan and

Auxiliary Provisions

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the National

Poultry Improvement Plan (the Plan)

and its auxiliary provisions by

providing new or modified sampling

and testing procedures for Plan

participants and participating flocks.

These changes, which were voted on

and approved by the voting delegates at

the Plan’s 2000 Millennial Plan

Conference, will keep the provisions of

the Plan current with developments in

the poultry industry and provide for the

use of new sampling and testing

procedures.

EFFECTIVE DATE: March 27, 2002.

FOR FURTHER INFORMATION CONTACT: Mr.

Andrew R. Rhorer, Senior Coordinator,

Poultry Improvement Staff, National

Poultry Improvement Plan, Veterinary

Services, APHIS, USDA, 1498 Klondike

Road, Suite 200, Conyers, GA 30094–

5104; (770) 922–3496.

SUPPLEMENTARY INFORMATION:

Background

The National Poultry Improvement

Plan (NPIP, also referred to below as

‘‘the Plan’’) is a cooperative FederalState-industry mechanism for

controlling certain poultry diseases. The

Plan consists of a variety of programs

intended to prevent and control eggtransmitted, hatchery-disseminated

poultry diseases. Participation in all

plan programs is voluntary, but flocks,

hatcheries, and dealers must qualify as

‘‘U.S. Pullorum-Typhoid Clean’’ before

participating in any other Plan program.

Also, the regulations in 9 CFR part 82,

subpart C, which provide for certain

testing, restrictions on movement, and

other restrictions on certain chickens,

eggs, and other articles due to the

presence of Salmonella enteritidis,

prohibit hatching eggs or newly hatched

chicks from egg-type chicken breeding

flocks from being moved interstate

unless they are classified ‘‘U.S. S.

Enteritidis Monitored’’ under the Plan

or have met equivalent requirements for

S. enteritidis control, in accordance

with 9 CFR 145.23(d), under official

supervision.