[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Rules and Regulations]
[Page 75537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29458]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 /
Rules and Regulations
[[Page 75537]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2008-0080]
RIN 0579-AC81
Citrus Canker; Movement of Fruit From a Quarantined Area; Bag
Markings
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the regulations governing the interstate movement of
fruit from an area quarantined for citrus canker to extend the
temporary exception that allows fruit to be packed for interstate
movement in bags that are clearly marked with only a limited
distribution statement, if those bags are then packed in a box that is
marked with both the limited distribution statement and the statement
``Limited Permit: USDA-APHIS-PPQ.'' The interim rule extended the
ending date for this temporary exemption from August 1, 2008, to August
1, 2010. The interim rule was necessary to provide for the continued
use of existing inventories of bags in which regulated fruit are packed
while maintaining safeguards against the movement of regulated fruit to
commercial citrus-producing States.
DATES: Effective on December 12, 2008, we are adopting as a final rule
the interim rule published at 73 FR 44615-44617 on July 31, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Senior Staff Officer,
Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 137,
Riverdale, MD 20737-1231; 301-734-8899.
SUPPLEMENTARY INFORMATION:
Background
Citrus canker is a plant disease caused by the bacterium
Xanthomonas citri subsp. citri that affects plants and plant parts,
including fresh fruit, of citrus and citrus relatives (Family
Rutaceae). Citrus canker can cause defoliation and other serious damage
to the leaves and twigs of susceptible plants. It can also cause
lesions on the fruit of infected plants, which render the fruit
unmarketable, and cause infected fruit to drop from the trees before
reaching maturity. The aggressive A (Asiatic) strain of citrus canker
can infect susceptible plants rapidly and lead to extensive economic
losses in commercial citrus-producing areas. Citrus canker is only
known to be present in the United States in the State of Florida.
The regulations to prevent the interstate spread of citrus canker
are contained in Sec. Sec. 301.75-1 through 301.75-14 of ``Subpart--
Citrus Canker'' (7 CFR 301.75-1 through 301.75-17, referred to below as
the regulations). The regulations restrict the interstate movement of
regulated articles from and through areas quarantined because of citrus
canker and provide, among other things, conditions under which
regulated fruit may be moved into, through, and from quarantined areas
for packing.
In an interim rule \1\ effective and published in the Federal
Register on July 31, 2008 (73 FR 44615-44617, Docket No. APHIS-2008-
0080), we amended the regulations to extend the temporary exception
that allows fruit to be packed for interstate movement in bags that are
clearly marked with only a limited distribution statement, if those
bags are then packed in a box that is marked with both the limited
distribution statement and the statement ``Limited Permit: USDA-APHIS-
PPQ.'' The interim rule extended the ending date for this temporary
exemption from August 1, 2008, to August 1, 2010. The interim rule was
necessary to provide for the continued use of existing inventories of
bags in which regulated fruit are packed while maintaining safeguards
against the movement of regulated fruit to commercial citrus-producing
States.
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\1\ To view the interim rule and the comment we received, go to
http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0080.
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Comments on the interim rule were required to be received on or
before September 29, 2008. We received one comment by that date, from a
State agricultural agency. The commenter supported the interim rule.
Therefore, for the reasons given in the interim rule, we are adopting
the interim rule as a final rule without change.
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 73
FR 44615-44617 on July 31, 2008.
Done in Washington, DC, this 8th day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-29458 Filed 12-11-08; 8:45 am]
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