```

[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Page 14508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05142]

========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / 
Notices

[[Page 14508]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2012-0040]

Notice of Affirmation of Addition of a Treatment Schedule for 
Methyl Bromide Fumigation of Cottonseed

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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

SUMMARY: We are affirming our earlier determination that it was 
necessary to immediately add to the Plant Protection and Quarantine 
Treatment Manual a treatment schedule for methyl bromide fumigation of 
cottonseed for the fungal plant pathogen Fusarium oxysporum f. sp. 
vasinfectum (FOV). In a previous notice, we made available to the 
public for review and comment a treatment evaluation document that 
described the new treatment schedule and explained why we have 
determined that it is effective at neutralizing FOV, certain strains of 
which are quarantine pests.

DATES: Effective Date: Effective on March 6, 2013, we are affirming the 
addition to the Plant Protection and Quarantine Treatment Manual of the 
treatment described in the notice published at 77 FR 31564-31566 on May 
29, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Import Specialist, 
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road 
Unit 156, Riverdale, MD 20737; (301) 851-2114.

SUPPLEMENTARY INFORMATION: 

Background

    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 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 part 305 of 7 CFR 
chapter III (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 a process 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:
---------------------------------------------------------------------------

    \1\ The Treatment Manual is available on the Internet 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.
---------------------------------------------------------------------------

     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(b), we published a notice \2\ in the 
Federal Register on May 29, 2012 (77 FR 31564-31566, Docket No. APHIS-
2012-0040), announcing our determination that a new methyl bromide 
fumigation treatment schedule to neutralize the fungal pathogen 
Fusarium oxysporum f. sp. vasinfectum (FOV) on cottonseed (Gossypium 
spp.) is effective, based on evidence presented in a treatment 
evaluation document (TED) we made available with the notice. We also 
determined that ongoing trade in cottonseed would be adversely impacted 
unless the new treatment schedule is approved for use. The treatment 
was added to the PPQ Treatment Manual, but was subject to change based 
on public comment.
---------------------------------------------------------------------------

    \2\ To view the notice, the treatment evaluation document, and 
the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0040.
---------------------------------------------------------------------------

    We solicited comments on the notice for 60 days ending July 30, 
2012. We received four comments by that date. Three commenters 
supported the addition of this treatment to the PPQ Treatment Manual. 
The other commenter objected to the use of methyl bromide fumigation in 
general but did not present any evidence indicating that the treatment 
schedule described in the TED was not effective at neutralizing FOV on 
cottonseed.
    Therefore, in accordance with the regulations in Sec.  305.3(b)(3), 
we are affirming our addition of a methyl bromide treatment schedule to 
neutralize the FOV, as described in the TED made available with the 
previous notice. The treatment schedule is numbered T301-e. The 
treatment schedule will be listed in the PPQ Treatment Manual, which is 
available at the Web address and mailing address in footnote 1 of this 
document.

    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 28th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-05142 Filed 3-5-13; 8:45 am]
BILLING CODE 3410-34-P
```