APHIS Proposes New Notice and Comment Process for Phytosanitary Treatment Schedules, Updates to PPQ Manual
The Animal and Plant Health Inspection Service has issued a proposed rule to establish a new process to provide the public with notice and the opportunity to comment on changes to phytosanitary treatment schedules, and to remove the lists of authorized treatments and schedules from its phytosanitary treatment regulations1 in order to integrate them into its Plant Protection and Quarantine (PPQ) Treatment Manual.
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Treatment schedules in those parts that are not currently found in the PPQ Treatment Manual would be added to it, and the PPQ Treatment Manual would serve as the official reference for all approved treatment schedules. The inclusion of a treatment schedule in the PPQ Treatment Manual would indicate that the treatment was approved, making the
inclusion of separate lists of approved treatments in the regulations unnecessary.
Comments are due by July 13, 2009.
(Most of the phytosanitary treatments authorized by APHIS are also contained in the PPQ Treatment Manual. Among other things, the PPQ Treatment Manual contains approximately 400 treatment schedules, detailed instructions for administering the treatments, and requirements for certification of facilities that administer the treatments. The PPQ Treatment Manual is available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/treatment.shtml.)
APHIS Proposes Two Notice-Based Processes to Amend PPQ Manual
Among other things, APHIS' proposed rule would amend 7 CFR 305.3 to set out the notice-based processes it is proposing to use to amend the Treatment Manual. There would be two processes: A normal process and a process for taking immediate action.
"Normal" process for amending PPQ Manual. Proposed amended 7 CFR 305.3(a) would describe the normal process. Under this process, APHIS would publish in the Federal Register a notice describing the reasons it has determined that it is necessary to add, revise, or remove a treatment schedule and, if necessary, making available the new or revised treatment schedule as it would be added to the PPQ Treatment Manual.
In its Federal Register notice, APHIS would provide for a public comment period on the new or revised treatment schedule or on the removal of the treatment schedule from the PPQ Treatment Manual. If the final notice indicated that APHIS were making the change described in the initial notice, APHIS would also update the Treatment Manual to reflect the addition, revision, or removal of the particular treatment schedule.
Immediate process for amending PPQ manual. Proposed 7 CFR 305.3(b)(1) would describe the circumstances in which the immediate process could be used. Under this paragraph, treatment schedules could be immediately added to the PPQ Treatment Manual, revised, or removed from the PPQ Treatment Manual if any of the following circumstances applied:
&8722; PPQ determined that an approved treatment schedule is ineffective at neutralizing the targeted plant pest(s).
&8722; PPQ 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.
&8722; PPQ 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
&8722; The use of a treatment schedule was no longer authorized by the Environmental Protection Agency or by any other Federal entity.
If APHIS were to determine that a change to the Treatment Manual needed to be made immediately, it would publish in the Federal Register a notice describing the reasons and make available the new or revised treatment schedule as it has been added to the PPQ Treatment Manual. In its Federal Register notice, APHIS would provide for a public comment period on the new or revised treatment schedule or on the removal of the treatment schedule from the PPQ Treatment Manual.
For both the normal and immediate processes, after the close of the public comment period, APHIS would issue a notice affirming an addition, revision, or removal to the PPQ Treatment Manual if: (1) no comments were received on its Federal Register notice; (2) the comments on the notice supported the action; or (3) the comments on the notice were evaluated but did not change APHIS' determination that it was necessary to add, revise, or remove the treatment schedule, as described in the notice.
(See proposed 7 CFR 305.3 for complete proposed notice and comment processes. See APHIS' proposed rule for other proposed amendments, including its proposal to harmonize and combine the requirements for performing irradiation treatment for imported articles, articles moved interstate from Hawaii and U.S. territories, and articles moved interstate from an area quarantined for fruit flies, etc.)
1The current regulations in 7 CFR Part 305 contain four types of provisions: (1) General requirements to follow approved treatment schedules and provisions for monitoring and certifying treatments; (2) Lists of approved treatments for fruits, vegetables, and other articles; (3) General requirements for each type of treatment (chemical treatment, heat treatment, cold treatment, etc.); and (4) Treatment schedules (for example, various methyl bromide fumigation treatment schedules, which set out the required pressure, temperature, dosage rate, and exposure period for each schedule).
APHIS contact - Inder Gadh (301) 734-8758
APHIS proposed rule (D/N APHIS-2008-0022, FR Pub 05/12/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-10188.pdf