[Federal Register: August 12, 2004 (Volume 69, Number 155)]
[Proposed Rules]
[Page 49824-49829]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au04-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 49824]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 304
[Docket No. 02-086-1]
RIN 0579-AB54
Methyl Bromide; Official Quarantine Uses
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to establish regulations to provide for the
submission of requests by State, local, or tribal authorities for a
determination whether methyl bromide treatments or applications
required by the State, local, or tribal authorities to prevent the
introduction, establishment, or spread of plant pests or noxious weeds
should be authorized as official quarantine uses. These proposed
regulations are necessary to comply with a recent amendment to the
Plant Protection Act that requires the Secretary to publish and
maintain a registry of authorized State, local, and tribal requirements
for methyl bromide treatments or applications. This proposed rule would
establish a process by which State, local, or tribal authorities could
request and, if warranted, receive, a determination that their methyl
bromide requirements should be authorized as official quarantine uses.
DATES: We will consider all comments that we receive on or before
October 12, 2004.
ADDRESSES: You may submit comments by any of the following methods:
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 02-086-1,
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. 02-086-1.
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. 02-086-1'' on the subject
line.
Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html
for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: 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.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Treatment
Specialist, Phytosanitary Issues Management, PPQ, APHIS, 4700 River
Road Unit 140, Riverdale, MD 20737; (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
Methyl bromide is a broad-spectrum pesticide used as a fumigant to
control insect pests, nematodes, weeds, and pathogens. Its primary uses
are for soil fumigation, post-harvest protection, and quarantine
treatments.
In the United States, production, consumption, and trade of methyl
bromide are regulated by the Environmental Protection Agency (EPA)
under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). The Clean
Air Act provides the basic framework to regulate air quality through
air pollution control, and it has been amended to reflect changes in
U.S. obligations under the 1987 Montreal Protocol on Substances that
Deplete the Ozone Layer (the Montreal Protocol). EPA also regulates
methyl bromide under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136 et seq.).
The United States is a Party to the Montreal Protocol, an
international treaty that provides a schedule to reduce and eventually
eliminate the emissions of various manmade, ozone-depleting substances,
including methyl bromide. The Montreal Protocol requires a phaseout of
methyl bromide production and consumption in developed countries,
including the United States, by the year 2005 and in developing
countries by the year 2015. However, the Montreal Protocol exempts
quarantine and pre-shipment (QPS) applications of methyl bromide from
these phaseout requirements.
The Farm Security and Rural Investment Act of 2002 amended the
Plant Protection Act (PPA) by adding a new sec. 419 (7 U.S.C. 7719)
that pertains specifically to methyl bromide. Among other things, the
amendment requires the Secretary of Agriculture, upon request of State,
local, or tribal authorities, to determine whether a methyl bromide
treatment or application required by those authorities to prevent the
introduction, establishment, or spread of plant pests (including
diseases) or noxious weeds should be authorized as an official control
or official requirement. The Secretary may not make such a
determination unless she finds that there is no other registered,
effective, and economically feasible alternative available. The
amendment also directs the Secretary to publish and maintain a registry
of those State, local, and tribal requirements for methyl bromide
treatments and applications that she has determined should be
authorized as an official control or official requirement.
We are proposing to establish regulations to comply with the
requirements of this amendment to the PPA. Specifically, we are
proposing to add a new part 304 to our regulations in title 7 of the
Code of Federal Regulations that would establish procedures that State,
local, and tribal authorities would have to follow when submitting a
request to the Administrator of the Animal and Plant Health Inspection
Service (APHIS), acting on behalf of the Secretary of Agriculture, to
have a required methyl
[[Page 49825]]
bromide application or treatment recognized as an official control or
official requirement. The proposed regulations also describe the
criteria that the Administrator would use to evaluate such requests.
Definitions
Section 304.1 of the proposed regulations includes three standard
definitions that are consistent with those used elsewhere in our
regulations. We would define Administrator as the Administrator of the
Animal and Plant Health Inspection Service or any individual authorized
to act for the Administrator; Animal and Plant Health Inspection
Service (APHIS) as the Animal and Plant Health Inspection Service of
the U.S. Department of Agriculture (USDA); and State as any of the
several States of the United States, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, the Virgin Islands of the United States, or any other
territory or possession of the United States. The section would also
include definitions of control and requirement. Control would be
defined as ``suppression, containment, or eradication of a pest
population,'' which is the same definition found in the International
Plant Protection Convention's Glossary of Phytosanitary Terms.
Requirement would be defined as ``a treatment or application to prevent
the introduction, establishment or spread of pests.'' This proposed
definition is drawn from the common EPA and Montreal Protocol
definition of the term ``quarantine applications.''
Proposed Sec. 304.1 also includes a definition of official
quarantine use, under which the terms ``official control'' and
``official requirement'' would be subsumed. We believe that defining
and using the single term official quarantine use would aid officials
of State, local, and tribal authorities by succinctly characterizing
the type of methyl bromide application or treatment for quarantine
purposes that would qualify as an official control or official
requirement.
We would define official quarantine use in Sec. 304.1 as: ``A
methyl bromide treatment or application that the Administrator
determines to be an official control or official requirement, based on
information that the treatment or application is required by a State,
local, or tribal authority for either of the following reasons: (1) For
the management of plant pests or noxious weeds of potential importance
to the area endangered thereby and not yet present there, or present
but not widely distributed; or (2) to meet official quarantine
requirements for the management of economic plant pests in plant
material intended for propagation.''
In contrast, in its January 3, 2003, final rule titled ``Protection
of Stratospheric Ozone: Process for Exempting Quarantine and
Preshipment Applications of Methyl Bromide'' (68 FR 237-254), under
authority of section 604(d)(5) of the Clean Air Act, the EPA defined
the term quarantine applications, in part, as ``treatments to prevent
the introduction, establishment and/or spread of quarantine pests
(including diseases), or to ensure their official control, where: (1)
Official control is that performed by, or authorized by, a national
(including state, tribal or local) plant, animal or environmental
protection or health authority; (2) quarantine pests are pests of
potential importance to the areas endangered thereby and not yet
present there, or present but not widely distributed and being
officially controlled. This definition excludes treatments of
commodities not entering or leaving the United States or any State (or
political subdivision thereof).'' With the exception of the last
sentence, this definition tracked the definition of ``quarantine
application'' with respect to methyl bromide agreed among parties to
the Montreal Protocol, including the United States, in 1995 (Decisions
VII/5).
There are differences between our proposed definition of official
quarantine use and EPA's definition of quarantine applications because
we believe that it is important for our definition to explicitly
provide for those instances where the treatment of plant material
intended for propagation may be required by a particular State, local,
or tribal authority for quarantine purposes. We welcome any suggestions
or specific comments regarding our proposed definition of official
quarantine use.
As noted earlier in this document, the EPA, under the authority of
the Clean Air Act, regulates the production, consumption, and trade of
methyl bromide in the United States. It should also be noted that
paragraph (d)(2) of the new sec. 419 of the PPA provides that
``[n]othing in this section shall be construed to alter or modify the
authority of the Administrator of the Environmental Protection Agency
or to provide any authority to the Secretary of Agriculture under the
Clean Air Act or regulations promulgated under the Clean Air Act.'' We
wish to make it clear that in issuing this proposed rule, our intent is
to fulfill our responsibilities under sec. 419, not to establish a
parallel or alternative regulatory mechanism governing the consumption
of methyl bromide. As we note in proposed Sec. 304.2(e), the
Administrator of the Environmental Protection Agency will continue to
exempt, consistent with the Montreal Protocol and under the authority
of the Clean Air Act, quarantine applications of methyl bromide. In
addition, the proposed regulations are not intended to have any effect
on requirements issued by EPA under FIFRA.
Requests for Determination; Review of Determinations
Section 304.2 of the proposed regulations, ``Requests for
determination,'' contains general provisions pertaining to requests for
authorization of methyl bromide uses as official quarantine uses,
criteria that the Administrator would use in evaluating such requests,
and a description of the process by which a previously authorized
official quarantine use may be removed from the registry when
appropriate.
Paragraph (a) would indicate that a State, local, or tribal
authority may request that the Administrator determine whether a methyl
bromide treatment or application required by the State, local, or
tribal authority should be authorized as an official quarantine use.
Paragraph (b) would provide that the Administrator will make a
determination in response to a request not later than 90 days after its
receipt. The Administrator would issue a favorable determination if the
methyl bromide treatment or application under consideration conformed
to the definition of official quarantine use in Sec. 304.1 and if he
or she found that no other registered, effective, and economically
feasible alternative to methyl bromide existed for that treatment or
application. This paragraph would also provide that if the
Administrator determined that a methyl bromide treatment or application
should not be authorized as an official quarantine use, the
Administrator would provide to the requestor, in writing, the reasons
for his or her determination.
Given that the terms ``registered, effective, and economically
feasible'' are not defined in sec. 419, we expect that these terms, as
they would apply to the consideration of requests, would have their
commonly understood meanings, i.e.:
``Registered'' means a pesticide registered or otherwise
approved by EPA for a specific use;
``Effective'' means that there is a body of science with
sufficient rigor and
[[Page 49826]]
specificity to show that an alternative treatment would meet the
efficacy requirements to allow its consideration as a quarantine
treatment; and
``Economically feasible'' means that the costs of the
alternative quarantine treatment would not be so high as to make the
trade in the treated good prohibitively expensive.
We welcome any suggestions or specific comments regarding our
interpretation of these criteria, particularly with respect to factors
that you believe could or should be taken into account while
considering the economic feasibility of a potential alternative to
methyl bromide.
While the proposed regulations themselves do not address research,
we wish to note that the Administrator's determination that a
particular treatment or application should be authorized as an official
quarantine use has the effect of spurring further research into
alternatives to that treatment or application. Specifically, paragraph
(b) of sec. 419 provides, in part, that ``[f]or uses where no
registered, effective, economically feasible alternatives available can
currently be identified, the Secretary shall initiate research programs
to develop alternative methods of control and treatment.'' Ongoing USDA
research activities led by the Agricultural Research Service are
investigating alternatives for major uses of methyl bromide. The
research requirements of sec. 419 may influence the allocation of
research resources, to the extent that it provides specific statutory
justification for research on alternatives to methyl bromide used for
quarantine purposes, and may influence the areas of emphasis within the
array of federally funded research programs on alternatives. State,
local, or tribal authorities may value federally mandated efforts to
develop registered, effective and economically feasible alternatives to
quarantine uses of methyl bromide. This interest could be expected to
strengthen as the cost of methyl bromide use increases.
Proposed paragraph (c) provides for the review of authorized uses.
As proposed, a review would be triggered by the registration by EPA of
a new pesticide, or a new use for an existing pesticide, that could
serve as an alternative to the treatment or application authorized as
an official quarantine use. We believe that registration is a logical
trigger for such a review, given that it would serve as an indication
of the likely availability of a new treatment or application that could
serve as an alternative to an official quarantine use of methyl
bromide. In its review, APHIS would consider the effectiveness and
economic feasibility of the alternative, just as we would in our review
of a new request for a determination under proposed Sec. 304.2(b). The
State, local, or tribal authority that had requested and received the
determination that the methyl bromide treatment or application under
review was an official quarantine use would be invited to participate
in the review. If, as a result of the review, APHIS finds that the
registered alternative is effective and economically feasible, we would
rescind the determination that the methyl bromide treatment or
application was an official quarantine use. While this proposed review
process is not explicitly called for by sec. 419, we believe that it is
in keeping with the objectives of the section to provide for such a
review.
While the regulations in proposed Sec. 304.2(c) would provide that
the Administrator may rescind the determination that a methyl bromide
treatment or application is an official quarantine use when a
registered, effective, and economically feasible alternative becomes
available, we wish to acknowledge the possibility that an alternative
may become available that is effective and economically feasible, but
that is not subject to registration by EPA (non-chemical treatments
such as irradiation have been cited as an example). We are explicitly
seeking comment on whether our regulations should take such a
possibility into account. Mainly, we are interested in learning if this
is a practical consideration, i.e., whether or not you believe that
there may actually be instances where an alternative that is not
subject to registration by EPA could prove to be an effective and
economically feasible application for a particular use, and thus might
serve as a desirable alternative to methyl bromide. If indeed this is a
practical consideration, should the regulations provide some mechanism
for the review, voluntary or otherwise, of a listed treatment or
application such as that provided for by proposed Sec. 304.2(c)? We
welcome all comments on this subject.
Under proposed paragraph (d), a State, local, or tribal authority
that has submitted a request for a determination would, in the event
that the Administrator determines that the particular methyl bromide
treatment or application should not be authorized as an official
quarantine use, have the opportunity to request that the Administrator
reconsider his or her determination. This same opportunity would be
provided in the event that, as a result of the review process described
in the previous paragraph, the Administrator rescinds the determination
that a methyl bromide treatment or application was an official
quarantine use. In its request for reconsideration, the State, local,
or tribal authority would have to provide, in writing, the facts and
reasons upon which it is relying to show that the treatment or
application should be authorized as an official quarantine use or that
the determination should remain in effect. The Administrator would take
into account the information provided in the request for
reconsideration and any other relevant facts, including the information
provided in the original request for determination, and would render a
decision as promptly as circumstances permitted. The Administrator's
decision, and his or her reasons for that decision, would be
communicated to the requestor in writing.
APHIS will consult with EPA as appropriate in the course of
evaluating requests to determine whether methyl bromide uses should be
authorized as official quarantine uses and whether and when a
previously authorized official quarantine use may be removed from the
registry.
Submission of Requests
Proposed Sec. 304.3 describes the information that would have to
be included in any request to the Administrator for a determination
that a methyl bromide application or treatment should be authorized as
an official quarantine use. Paragraph (a) would state that the request
must be submitted and signed by the executive official or a plant
protection official of the State, local, or tribal authority seeking
the determination, and must include a copy of the State, local, or
tribal regulation or mandatory quarantine procedures under which the
methyl bromide treatment or application is required; the name of the
crop/use for which the methyl bromide treatment or application is
required; the name of the plant pests or noxious weeds targeted for
control with methyl bromide; and the location(s) where the methyl
bromide treatment or application is carried out. We believe that this
specific information, which would be considered along with more general
information available to APHIS, would be necessary for the
Administrator to be able to make a determination regarding the methyl
bromide treatment or application that is the subject of the request.
Paragraph (b) would provide an address for the submission of requests.
[[Page 49827]]
Registry
Finally, as required by sec. 419(c) of the amended PPA, proposed
Sec. 304.4 would state that all State, local, and tribal requirements
for methyl bromide applications or treatments that are determined by
the Administrator to be official quarantine uses will appear on a
registry of such treatments or applications that will be published and
maintained by the Administrator. This section would provide an address
to which one could write to receive a copy of the registry, as well as
an Internet Web site (http://www.aphis.usda.gov/ppq/bromide/) where the
registry would be posted.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
For this rule, we have prepared an economic analysis. The economic
analysis provides a cost-benefit analysis as required by Executive
Order 12866, as well as an analysis of the potential economic effects
of this proposed rule on small entities, as required under 5 U.S.C.
603. The economic analysis is summarized below. Copies of the full
analysis are available by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
We do not have enough data for a comprehensive analysis of the
economic effects of this proposed rule on small entities. Therefore, in
accordance with 5 U.S.C. 603, we have performed an initial regulatory
flexibility analysis for this proposed rule. We are inviting comments
about this proposed rule as it relates to small entities. In
particular, we are interested in determining the number and kind of
small entities who may incur benefits or costs from implementation of
this proposed rule and the economic impact of those benefits or costs.
This proposed rule would establish procedures to implement an
amendment to the PPA added as part of the Farm Security and Rural
Investment Act of 2002. The amendment, a new sec. 419, calls for the
Secretary of Agriculture, upon request of State, local, or tribal
authorities, to determine whether methyl bromide treatments or
applications required by those authorities to prevent the introduction,
establishment, or spread of plant pests (including diseases) or noxious
weeds should be authorized as official controls or official
requirements. The amendment also requires the Secretary to publish and
maintain a registry of these authorized uses and to initiate research
programs to develop viable methyl bromide alternatives.
A methyl bromide use included in the registry would be termed an
official quarantine use. It would be an official quarantine requirement
or control of a State, local, or tribal authority for either of the
following purposes: (i) For the management of plant pests or noxious
weeds of potential importance to the area endangered thereby and not
yet present there, or present but not widely distributed; or (ii) to
meet official quarantine requirements for the management of economic
plant pests in plant material intended for propagation.
Much of U.S. agriculture, especially horticultural production, is
currently dependent upon methyl bromide for the control of insects,
rodents, nematodes, weeds, and pathogens for quarantine and other
purposes. Most methyl bromide is used as a soil fumigant, with
significant quantities applied to soils for the production of crops in
California and Florida, in particular. Methyl bromide is also applied
in post-harvest treatments, both for quarantine purposes and to meet
sanitation standards, and as a structural fumigant. Production and
consumption of methyl bromide by the United States is to be phased out
in 2005, except for uses exempted under the Montreal Protocol and Clean
Air Act, including quarantine applications.
Under sec. 419, a determination that a treatment or application
should be authorized as an official control or official requirement
requires that USDA continue research on alternatives to such uses.
USDA, under Agricultural Research Service leadership, is conducting
research programs on alternatives for many methyl bromide uses. Section
419 may provide additional focus for new research initiatives on
alternatives to methyl bromide used for quarantine purposes, and may
bolster ongoing research programs. State, local, or tribal authorities
may value federally mandated efforts to develop registered, effective
and economically feasible alternatives to quarantine uses of methyl
bromide. This interest could be expected to strengthen as the cost of
methyl bromide use increases. Section 419 may influence the allocation
of research resources, to the extent that it provides specific
statutory justification for research on alternatives to methyl bromide
used for quarantine purposes.
As a part of the rulemaking process, APHIS evaluates whether
proposed regulations are likely to have a significant economic impact
on a substantial number of small entities, as required by the
Regulatory Flexibility Act. Many, if not most, of the agricultural
enterprises that use methyl bromide are small entities. However, the
effects of this proposed rule on small, as well as large, entities is
not expected to be significant. The new sec. 419 and the proposed
regulations would not affect the exemption of quarantine applications
from the methyl bromide phaseout. The Administrator of the
Environmental Protection Agency will continue to exempt, consistent
with the Montreal Protocol and under the authority of the Clean Air
Act, quarantine applications of methyl bromide. At most, the
requirements of sec. 419 may influence the focus of research on methyl
bromide alternatives.
Implementation of sec. 419 will require administering the registry
and continuing research programs on alternatives to the official
quarantine uses. Under this proposed rule, a determination that a use
should be authorized as an official quarantine use would require
confirming that a registry candidate is an official quarantine
requirement or control of the requesting State, local, or tribal
authority and that no registered, effective, and economically feasible
alternative is available. Requests for a determination would have to
identify the quarantine need for the treatment or application and
document the State, local, or tribal regulation or mandatory procedures
under which the methyl bromide treatment or application is required.
This proposed rule contains various recordkeeping and reporting
requirements. These requirements are described in this document under
the heading ``Paperwork Reduction Act.''
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
[[Page 49828]]
National Environmental Policy Act
An environmental assessment has been prepared for this proposed
rule. The environmental assessment documents our review of the
environmental impacts associated with this proposed rule. We are making
the environmental assessment available to the public for review and
comment.
The environmental assessment was prepared in accordance with: (1)
The National Environmental Policy Act of 1969 (NEPA), as amended (42
U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental
Quality for implementing the procedural provisions of NEPA (40 CFR
parts 1500-1508), (3) USDA regulations implementing NEPA (7 CFR part
1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR part 372).
Copies of the environmental assessment are available for public
inspection in our reading room (information on the location and hours
of the reading room is provided under the heading ADDRESSES at the
beginning of this document). In addition, copies may be obtained by
writing to the person listed under FOR FURTHER INFORMATION CONTACT. The
environmental assessment is also available on the Internet at http://www.aphis.usda.gov/ppq/enviro_docs/mb.html
.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 02-086-1.
Please send a copy of your comments to: (1) Docket No. 02-086-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue,
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
Under this proposed rule, State, local, or tribal authorities
seeking determinations that methyl bromide treatments or applications
qualify as official quarantine uses would have to submit written
requests to APHIS. These requests would need to include information on
the nature and location of the methyl bromide use under consideration
and the plant pests or noxious weeds that methyl bromide is needed to
control.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.5 hours per response.
Respondents: State, local, and tribal authorities.
Estimated annual number of respondents: 10.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 10.
Estimated total annual burden on respondents: 5 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR 304
Plant diseases and pests, Quarantine, Reporting and recordkeeping
requirements.
Accordingly, we are proposing to amend 7 CFR chapter III by adding
a new part 304 to read as follows:
PART 304--METHYL BROMIDE
Sec.
304.1 Definitions.
304.2 Requests for determination; review of determinations.
304.3 Submission of requests.
304.4 Registry.
Authority: 7 U.S.C. 7719; 7 CFR 2.22, 280, and 371.3.
Sec. 304.1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Control. Suppression, containment, or eradication of a pest
population.
Official quarantine use. A methyl bromide treatment or application
that the Administrator determines to be an official control or official
requirement, based on information that the treatment or application is
required by a State, local, or tribal authority for either of the
following reasons:
(1) For the management of plant pests or noxious weeds of potential
importance to the area endangered thereby and not yet present there, or
present but not widely distributed; or
(2) To meet official quarantine requirements for the management of
economic plant pests in plant material intended for propagation.
Requirement. A treatment or application to prevent the
introduction, establishment or spread of pests.
State. Any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the
United States, or any other territory or possession of the United
States.
Sec. 304.2 Requests for determination; review of determinations.
(a) A State, local, or tribal authority may request that the
Administrator determine whether a methyl bromide treatment or
application required by the
[[Page 49829]]
State, local, or tribal authority should be authorized as an official
quarantine use.
(b) The Administrator will issue a determination not later than 90
days after the receipt of a request submitted in accordance with Sec.
304.3. A methyl bromide treatment or application will be determined by
the Administrator to be an official quarantine use if the treatment or
application conforms to the definition of that term in Sec. 304.1, and
if the Administrator finds that there is no other registered,
effective, and economically feasible alternative available. If the
Administrator determines that a methyl bromide treatment or application
should not be authorized as an official quarantine use, the
Administrator will provide to the requestor, in writing, the reasons
for his or her determination.
(c) If a registered alternative to methyl bromide becomes available
for a treatment or application that the Administrator has determined to
be an official quarantine use, the Administrator will initiate a review
to consider the effectiveness and economic feasibility of the
alternative. The State, local, or tribal authority that requested and
received the determination that the methyl bromide treatment or
application under review was an official quarantine use will be invited
to participate in the review. If the Administrator finds that the
registered alternative is effective and economically feasible, the
Administrator will rescind the determination that the methyl bromide
treatment or application is an official quarantine use.
(d) If the Administrator determines that a methyl bromide treatment
or application should not be authorized as an official quarantine use
(see paragraph (b) of this section) or that a determination should be
rescinded (see paragraph (c) of this section), the affected State,
local, or tribal authority may request that the Administrator
reconsider his or her determination. Requests for reconsideration may
be submitted to the address provided in Sec. 304.3(b). In its request
for reconsideration, the State, local, or tribal authority must
provide, in writing, the facts and reasons upon which it is relying to
show that the treatment or application should be determined to be an
official quarantine use or that a determination should remain in
effect. The Administrator will take into account the information
provided in the request for reconsideration and any other relevant
facts, including the information provided in the original request for
determination, and will render a decision as promptly as circumstances
permit. The Administrator's decision, and his or her reasons for that
decision, will be communicated to the requestor in writing.
(e) Consistent with the Montreal Protocol and under the authority
of the Clean Air Act, the Administrator of the Environmental Protection
Agency (EPA) shall exempt quarantine applications of methyl bromide.
APHIS will consult with EPA as appropriate in the course of evaluating
requests to determine whether methyl bromide uses should be authorized
as official quarantine uses and whether and when a previously
authorized official quarantine use may be removed from the registry.
Sec. 304.3 Submission of requests.
(a) A request for a determination under Sec. 304.2 must be
submitted and signed by the executive official or a plant protection
official of the State, local, or tribal authority seeking the
determination, and must include the following:
(1) A copy of the State, local, or tribal regulation or mandatory
quarantine procedures under which the methyl bromide treatment or
application is required;
(2) The name of the crop/use for which the methyl bromide treatment
or application is required;
(3) The name(s) of the plant pests or noxious weeds targeted for
control with methyl bromide; and
(4) The location(s) where the methyl bromide treatment or
application is being carried out.
(b) All requests must be submitted to [address to be added in final
rule].
Sec. 304.4 Registry.
All State, local, and tribal requirements for methyl bromide
applications or treatments that are determined by the Administrator to
be official quarantine uses will appear on a registry of such
treatments or applications that will be published and maintained by the
Administrator. A copy of the registry may be obtained by writing to
[address to be added in final rule]. The registry may also be viewed on
the Internet at http://www.aphis.usda.gov/ppq/bromide/.
Done in Washington, DC, this 9th day of August 2004.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 04-18445 Filed 8-11-04; 8:45 am]
BILLING CODE 3410-34-P