[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Page 32215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13008]



Animal and Plant Health Inspection Service

[Docket No. APHIS-2013-0095]

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

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 
kumquats to control certain fruit flies. 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 fruit flies.

DATES: Effective on June 4, 2014, we are affirming the addition to the 
Plant Protection and Quarantine Treatment Manual of the treatment 
described in the notice published at 79 FR 4867-4868 on January 30, 

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory 
Policy Specialist with Regulations, Permits and Manuals, PPQ, APHIS, 
4700 River Road, Unit 135, Riverdale, MD 20737-1236; (301) 851-2114.

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 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 
    In accordance with Sec.  305.3(b), we published a notice \2\ in the 
Federal Register on January 30, 2014 (79 FR 4867-4868, Docket No. 
APHIS-2013-0095), announcing our determination that a new methyl 
bromide fumigation treatment schedule to control the fruit flies 
Ceratitis capitata and Anastrepha fraterculus on kumquat (Fortunella 
japonica) 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 kumquat would be adversely impacted 
unless the new treatment is approved for use. The treatment was added 
to the PPQ Treatment Manual, but was subject to change based on public 
comment. The notice also made available a finding of no significant 
impact based on an environmental assessment prepared in connection with 
the authorization of the importation of kumquats from Uruguay.

    \2\ To view the notice, the treatment evaluation document, the 
finding of no significant impact, and the comment we received, go to 

    We solicited comments on the notice for 60 days ending on March 31, 
2014. We received one comment by that date, from a private citizen. The 
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 fruit flies.
    Therefore, in accordance with the regulations in Sec.  305.3(b)(3), 
we are affirming our addition of a methyl bromide treatment schedule 
for kumquats to control certain fruit flies, as described in the TED 
made available with the previous notice. The treatment schedule is 
numbered T101-n-3. The treatment schedule will be listed in the PPQ 
Treatment Manual, which is available as described in footnote 1 of this 

    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 29th day of May 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-13008 Filed 6-3-14; 8:45 am]