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.

Notices Federal Register

14508 

Vol. 78, No. 44 

Wednesday, March 6, 2013 

1The 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. 

2To view the notice, the treatment evaluation 

document, and the comments we received, go to 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0040. 

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 § 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 

§ 305.3(b)(1). They are: 

• 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 § 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. 

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 § 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 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0061] 

Availability of an Environmental 

Assessment and Finding of No 

Significant Impact for the Field Release 

of Aphelinus glycinis for the Biological 

Control of the Soybean Aphid in the 

Continental United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 


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