[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Rules and Regulations]
[Pages 12961-12962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5945]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules
and Regulations
[[Page 12961]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2009-0002]
Regulation of the Interstate Movement of Lemons from Areas
Quarantined for Mediterranean Fruit Fly
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the list of regulated articles in our domestic
fruit fly quarantine regulations. The regulations have indicated that
smooth-skinned lemons (all varieties of Citrus limon) harvested for
packing by commercial packinghouses are not regulated articles for
Mediterranean fruit fly. We are amending the regulations to designate
all yellow lemons as regulated articles. This change is based on
research indicating that, under certain conditions, yellow lemons are a
host for Mediterranean fruit fly. As a result of this action, yellow
lemons in an area quarantined for Mediterranean fruit fly will be
subject to certain interstate movement restrictions in order to prevent
the spread of that pest into uninfested areas of the United States.
DATES: Effective Date: April 19, 2010.
FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, APHIS Exotic
Fruit Fly Director, Fruit Fly Exclusion and Detection Programs, PPQ,
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-
4387.
SUPPLEMENTARY INFORMATION:
Background
The Mediterranean fruit fly (Medfly, Ceratitis capitata
[Wiedemann]) is one of the world's most destructive pests of fruits and
vegetables. The short life cycle of the Medfly allows rapid development
of serious outbreaks, which can cause severe economic losses. Heavy
infestations can cause complete loss of crops.
The Animal and Plant Health Inspection Service (APHIS) enforces
regulations in 7 CFR part 301, ``Domestic Quarantine Notices,'' that
are designed to prevent the interstate spread of pests that are new to
or not widely distributed within the United States. The regulations in
``Subpart-Fruit Flies,'' contained in Sec. Sec. 301.32 through 301.32-
10 (referred to below as the regulations), are intended to prevent the
spread of fruit flies designated as plant pests to noninfested areas of
the United States. To this end, the regulations impose restrictions on
the interstate movement of articles that are hosts of fruit flies or
whose movement could otherwise spread fruit flies from areas
quarantined because of fruit flies. We refer to these articles as
``regulated articles.'' The table in Sec. 301.32-2(a), ``Regulated
Articles,'' lists articles subject to domestic quarantine regulations
for several species of fruit fly, including Medfly.
On September 21, 2009, we published in the Federal Register (74 FR
48013-48014, Docket No. APHIS-2009-0002) a proposal\1\ to amend the
list of regulated articles in our domestic fruit fly quarantine
regulations. Lemons (Citrus limon) are included in that list as a
regulated article for several types of fruit flies, but a footnote to
the table has indicated that smooth-skinned lemons harvested for
packing by commercial packinghouses are not regulated articles for
Medfly. We proposed to amend the regulations to designate all yellow
lemons as regulated articles based on recent research indicating that,
under certain conditions, yellow lemons are a host for Medfly.
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\1\ To view the proposed rule, the economic analysis, the
scientific review, and the comments we received, go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0002).
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We solicited comments concerning our proposal for 60 days ending
November 20, 2009. We received four comments by that date. They were
from citrus industry organizations and a State agricultural official.
All responses were in favor of designating all yellow lemons as
regulated articles for Medfly.
Therefore, for the reasons given in the proposed rule, we are
adopting that aspect of the proposed rule as a final rule, without
change.
We also proposed to amend the treatments regulations in 7 CFR part
305 by updating the list in Sec. 305.2(h)(2)(ii) of approved
treatments for regulated articles moved interstate from areas
quarantined for fruit flies to correct two outdated references to the
fruit fly regulations. However, a final rule published in the Federal
Register (75 FR 4228-4253, Docket No. APHIS-2008-0022) on January 26,
2010, and effective on February 25, 2010, has rendered that change
unnecessary.
Correction to Provisions
In this final rule, we are making another change to the regulations
in order to correct an error that occurred when the consolidated fruit
fly subpart was established. Specifically, in Sec. 301.32(a), tomato
(Lycopersicon esculentum) is listed as a regulated article for Medfly,
melon fruit fly, Oriental fruit fly, and peach fruit fly. The footnote
appended to that entry states that only pink and red ripe tomatoes are
regulated articles for melon, Oriental, and peach fruit flies, which
means that green tomatoes are not regulated articles for those three
fruit flies, while all tomatoes, regardless of the stage of ripeness,
are regulated articles for Medfly. The footnote is incorrect. It
appears that when we established the regulations, we reversed the
status of tomatoes with respect to those fruit flies. Therefore, in
this document, we are amending the entry for tomatoes to indicate that
only pink and red ripe tomatoes are regulated articles for Medfly,
while all tomatoes, regardless of the stage of ripeness, are regulated
articles for melon, Oriental, and peach fruit flies.
Executive Order 12866 and Regulatory Flexibility Act
This final rule is subject to Executive Order 12866. However, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
economic analysis is summarized below. Copies of the full analysis are
available on the Regulations.gov Web site (see footnote 1
[[Page 12962]]
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
As described in the economic analysis, the majority of producers,
importers, and merchants that may be affected by this rule are small
entities. The number of producers that may be affected in the future is
not known, since we do not have data on production of smooth-skinned
lemons harvested for packing by commercial packinghouses. Nonetheless,
the costs of any pre-harvest or post-harvest treatments of smooth-
skinned lemons required by this rule are negligible. In addition,
removal of the regulatory exemption for smooth-skinned lemons harvested
for packing by commercial packinghouses will reduce the risk of Medfly
spreading from a quarantined area to a non-quarantined area, thereby
potentially saving producers control and eradication costs.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
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 final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under
Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421
note).
Sec. 301.32-2 [Amended]
0
2. In Sec. 301.32-2, paragraph (a), the table is amended as follows:
0
a. In footnote 2, by removing the words ``Smooth-skinned lemons
harvested for packing by commercial packinghouses are not'' and adding
the words ``Only yellow lemons are'' in their place.
0
b. By revising the entry for Lycopersicon esculentum, including
footnote 4, to read as set forth below.
Sec. 301.32-2 Regulated articles.
(a) * * *
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Botanical name Common name(s) Fruit fly
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* * * * * * *
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Lycopersicon esculentum Tomato Mediterranean,\4\ Melon,
Oriental, Peach.
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* * * * * * *
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* * * * *
\4\ Only pink and red ripe tomatoes are regulated articles for Mediterranean fruit fly.
* * * * *
Done in Washington, DC, this 11\th\ day of March 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-5945 Filed 3-17-10: 11:25 am]
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