Mexican Hass Avocado Import Program; Technical Amendment, 61373-61374 [E6-17335]

Download as PDF 61373 Rules and Regulations Federal Register Vol. 71, No. 201 Wednesday, October 18, 2006 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 under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS–2006–0080] Imported Fire Ant; Addition of Counties in Arkansas and Tennessee to the List of Quarantined Areas Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. AGENCY: SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the imported fire ant regulations by designating as quarantined areas all of 2 counties in Arkansas and all or portions of 21 counties in Tennessee. As a result of that action, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of imported fire ant to noninfested areas of the United States. DATES: Effective on October 18, 2006, we are adopting as a final rule the interim rule that was published at 71 FR 42246–42249 on July 26, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Charles L. Brown, Imported Fire Ant Quarantine Program Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road, Unit 134, Riverdale, MD 20737–1236; (301) 734– 4838. SUPPLEMENTARY INFORMATION: hsrobinson on PROD1PC76 with RULES Background The imported fire ant regulations (contained in 7 CFR 301.81 through 301.81–10 and referred to below as the regulations) quarantine infested States or infested areas within States and restrict the interstate movement of VerDate Aug<31>2005 16:48 Oct 17, 2006 Jkt 211001 regulated articles to prevent the artificial spread of the imported fire ant. The regulations in § 301.81–3 provide that the Administrator of the Animal and Plant Health Inspection Service will list as a quarantined area each State, or each portion of a State, that is infested with the imported fire ant. The Administrator will designate less than an entire State as a quarantined area only under the following conditions: (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles listed in § 301.81–2 that are equivalent to the interstate movement restrictions imposed by the regulations; and (2) designating less than the entire State will prevent the spread of the imported fire ant. The Administrator may include uninfested acreage within a quarantined area due to its proximity to an infestation or its inseparability from an infested locality for quarantine purposes. In an interim rule 1 effective and published in the Federal Register on July 26, 2006 (71 FR 42246–42249, Docket No. APHIS–2006–0080), we amended the regulations by adding Perry County and the remainder of Polk County to the list of quarantined areas in Arkansas, and by adding portions of Anderson, Davidson, Gibson, Knox, Rutherford, Tipton, Van Buren, and Williamson Counties to the list of quarantined areas in Tennessee and expanding the quarantined areas in Bedford, Benton, Blount, Carroll, Cumberland, Grundy, Haywood, Hickman, Humphreys, Loudon, Maury, Roane, and Sequatchie Counties, TN. Comments on the interim rule were required to be received on or before September 25, 2006. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. 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. 1 To view the interim rule, go to https:// www.regulations.gov, click on the ‘‘Advanced Search’’ tab, and select ‘‘Docket Search.’’ In the Docket ID field, enter APHIS–2006–0080, then click ‘‘Submit.’’ Clicking on the Docket ID link in the search results page will produce a list of all documents in the docket. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 71 FR 42246– 42249 on July 26, 2006. I Done in Washington, DC, this 12th day of October 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6–17336 Filed 10–17–06; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. 03–022–7] RIN 0579–AB81 Mexican Hass Avocado Import Program; Technical Amendment Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; technical amendment. AGENCY: SUMMARY: In a final rule published in the Federal Register on November 30, 2004, we amended the fruits and vegetables regulations to expand the number of States in which fresh Hass avocado fruit grown in approved orchards in approved municipalities in Michoacan, Mexico, may be distributed and to allow the distribution of the avocados during all months of the year. The final rule contained an error in the rule portion. This document corrects that error. EFFECTIVE DATE: November 17, 2006. FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River E:\FR\FM\18OCR1.SGM 18OCR1 61374 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Rules and Regulations Road, Unit 133, Riverdale, MD 20737– 1236; (301) 734–8758. that apply to Puerto Rico and U.S. Territories. FEDERAL DEPOSIT INSURANCE CORPORATION In a proposed rule published in the Federal Register on May 24, 2004 (69 FR 29466– 29477, Docket No. 03–022–3), we proposed to amend the regulations in 7 CFR 319.56–2ff to expand, from 31 to 50, the number of States (plus the District of Columbia) in which fresh Hass avocado fruit grown in approved orchards in approved municipalities in Michoacan, Mexico, may be distributed. In a rule published in the Federal Register on November 30, 2004 (69 FR 69747–69774, Docket No. 03–022–5), and effective on January 31, 2005, we adopted our proposed rule as a final rule, with changes made in response to public comments we received on the proposed rule. Those changes included the adoption of temporary restrictions on the distribution of avocados (contained in § 319.56–2ff(c)(3)(vii) of the regulations) which provided that between January 31, 2005, and January 31, 2007, avocados may be imported into and distributed in all States except California, Florida, Hawaii, and that the boxes or crates in which avocados are shipped must be clearly marked with the statement ‘‘Not for importation or distribution in CA, FL, and HI.’’ Prior to the effective date of our November 2004 final rule, the regulations had required that the boxes or crates be marked ‘‘Not for distribution in AL, AK, AZ, AR, CA, FL, GA, HI, LA, MS, NV, NM, NC, OK, OR, SC, TN, TX, WA, Puerto Rico, and all other U.S. Territories.’’ When we amended the regulations to expand, from 31 to 50, the number of States (plus the District of Columbia) in which fresh Hass avocado fruit grown in approved orchards in approved municipalities in Michoacan, Mexico, may be distributed, we should not have removed that portion of the box marking requirement that pertained to Puerto Rico and U.S. Territories. The proposed and final rules only discussed importations into the 50 States and the District of Columbia, and the pest risk analysis that supported the proposed and final rules only evaluated the risks associated with the movement of the avocados into the 50 States and the District of Columbia. Therefore, in this document we are amending § 319.56–2ff(a)(2), which describes the shipping restrictions that apply to the avocados, and § 319.56– 2ff(c)(3), which describes the box marking requirements, in order to correct the November 2004 final rule’s removal of the distribution limitations List of Subjects in 7 CFR Part 319 12 CFR Part 327 Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. RIN 3064—AD08 hsrobinson on PROD1PC76 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:59 Oct 17, 2006 Jkt 211001 Accordingly, we are amending 7 CFR part 319 as follows: I PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: I Authority: 7 U.S.C. 450, 7701–7772, and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. I 2. In § 319.56–2ff, paragraphs (a)(2) and (c)(3)(vii) are revised to read as follows: § 319.56–2ff Administrative instructions governing movement of Hass avocados from Michoacan, Mexico. * * * * * (a) * * * (2) Between January 31, 2005, and January 31, 2007, the avocados may be imported into and distributed in all States except California, Florida, Hawaii, Puerto Rico, and U.S. Territories. After January 31, 2007, the avocados may be imported into and distributed in all States, but not Puerto Rico or any U.S. Territory. * * * * * (c) * * * (3) * * * (vii) The avocados must be packed in clean, new boxes, or clean plastic reusable crates. The boxes or crates must be clearly marked with the identity of the grower, packinghouse, and exporter. Between January 31, 2005, and January 31, 2007, the boxes or crates must be clearly marked with the statement ‘‘Not for importation or distribution in CA, FL, HI, Puerto Rico, or U.S. Territories.’’ After January 31, 2007, the boxes or crates must be clearly marked with the statement ‘‘Not for importation or distribution in Puerto Rico or U.S. Territories.’’ * * * * * Done in Washington, DC, this 12th day of October 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6–17335 Filed 10–17–06; 8:45 am] BILLING CODE 3410–34–P PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 One-Time Assessment Credit Federal Deposit Insurance Corporation (FDIC). ACTION: Final rule. AGENCY: SUMMARY: The FDIC is amending its assessments regulations to implement the one-time assessment credit required by the Federal Deposit Insurance Act (FDI Act), as amended by the Federal Deposit Insurance Reform Act of 2005 (Reform Act). The final rule covers: The aggregate amount of the one-time credit; the institutions that are eligible to receive credits; and how to determine the amount of each eligible institution’s credit, which for some institutions may be largely dependent on how the FDIC defines ‘‘successor’’ for these purposes. The final rule also establishes the qualifications and procedures governing the application of assessment credits, and provides a reasonable opportunity for an institution to challenge administratively the amount of the credit. EFFECTIVE DATE: The final rule is effective on November 17, 2006. FOR FURTHER INFORMATION CONTACT: Munsell W. St. Clair, Senior Policy Analyst, Division of Insurance and Research, (202) 898–8967; Donna M. Saulnier, Senior Assessment Policy Specialist, Division of Finance, (703) 562–6167; or Joseph A. DiNuzzo, Counsel, Legal Division, (202) 898– 7349. SUPPLEMENTARY INFORMATION: This supplementary information section contains a discussion of the statutory basis for this rulemaking and the proposed rule published in May 2006, a summary of the comments received on the proposed rule, and the final rule, which responds to the comments. I. Background The Reform Act made numerous revisions to the deposit insurance assessment provisions of the FDI Act.1 Specifically, the Reform Act amended Section 7(e)(3) of the Federal Deposit Insurance Act to require that the FDIC’s Board of Directors (Board) provide by regulation an initial, one-time assessment credit to each ‘‘eligible’’ insured depository institution (or its 1 The Reform Act was included as Title II, Subtitle B, of the Deficit Reduction Act of 2005, Public Law 109–171, 120 Stat. 9, which was signed into law by the President on February 8, 2006. E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 71, Number 201 (Wednesday, October 18, 2006)]
[Rules and Regulations]
[Pages 61373-61374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17335]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 03-022-7]
RIN 0579-AB81


Mexican Hass Avocado Import Program; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: In a final rule published in the Federal Register on November 
30, 2004, we amended the fruits and vegetables regulations to expand 
the number of States in which fresh Hass avocado fruit grown in 
approved orchards in approved municipalities in Michoacan, Mexico, may 
be distributed and to allow the distribution of the avocados during all 
months of the year. The final rule contained an error in the rule 
portion. This document corrects that error.

EFFECTIVE DATE: November 17, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River

[[Page 61374]]

Road, Unit 133, Riverdale, MD 20737-1236; (301) 734-8758.

SUPPLEMENTARY INFORMATION: In a proposed rule published in the Federal 
Register on May 24, 2004 (69 FR 29466-29477, Docket No. 03-022-3), we 
proposed to amend the regulations in 7 CFR 319.56-2ff to expand, from 
31 to 50, the number of States (plus the District of Columbia) in which 
fresh Hass avocado fruit grown in approved orchards in approved 
municipalities in Michoacan, Mexico, may be distributed. In a rule 
published in the Federal Register on November 30, 2004 (69 FR 69747-
69774, Docket No. 03-022-5), and effective on January 31, 2005, we 
adopted our proposed rule as a final rule, with changes made in 
response to public comments we received on the proposed rule. Those 
changes included the adoption of temporary restrictions on the 
distribution of avocados (contained in Sec.  319.56-2ff(c)(3)(vii) of 
the regulations) which provided that between January 31, 2005, and 
January 31, 2007, avocados may be imported into and distributed in all 
States except California, Florida, Hawaii, and that the boxes or crates 
in which avocados are shipped must be clearly marked with the statement 
``Not for importation or distribution in CA, FL, and HI.''
    Prior to the effective date of our November 2004 final rule, the 
regulations had required that the boxes or crates be marked ``Not for 
distribution in AL, AK, AZ, AR, CA, FL, GA, HI, LA, MS, NV, NM, NC, OK, 
OR, SC, TN, TX, WA, Puerto Rico, and all other U.S. Territories.'' When 
we amended the regulations to expand, from 31 to 50, the number of 
States (plus the District of Columbia) in which fresh Hass avocado 
fruit grown in approved orchards in approved municipalities in 
Michoacan, Mexico, may be distributed, we should not have removed that 
portion of the box marking requirement that pertained to Puerto Rico 
and U.S. Territories. The proposed and final rules only discussed 
importations into the 50 States and the District of Columbia, and the 
pest risk analysis that supported the proposed and final rules only 
evaluated the risks associated with the movement of the avocados into 
the 50 States and the District of Columbia.
    Therefore, in this document we are amending Sec.  319.56-2ff(a)(2), 
which describes the shipping restrictions that apply to the avocados, 
and Sec.  319.56-2ff(c)(3), which describes the box marking 
requirements, in order to correct the November 2004 final rule's 
removal of the distribution limitations that apply to Puerto Rico and 
U.S. Territories.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.


0
Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. In Sec.  319.56-2ff, paragraphs (a)(2) and (c)(3)(vii) are revised 
to read as follows:


Sec.  319.56-2ff  Administrative instructions governing movement of 
Hass avocados from Michoacan, Mexico.

* * * * *
    (a) * * *
    (2) Between January 31, 2005, and January 31, 2007, the avocados 
may be imported into and distributed in all States except California, 
Florida, Hawaii, Puerto Rico, and U.S. Territories. After January 31, 
2007, the avocados may be imported into and distributed in all States, 
but not Puerto Rico or any U.S. Territory.
* * * * *
    (c) * * *
    (3) * * *
    (vii) The avocados must be packed in clean, new boxes, or clean 
plastic reusable crates. The boxes or crates must be clearly marked 
with the identity of the grower, packinghouse, and exporter. Between 
January 31, 2005, and January 31, 2007, the boxes or crates must be 
clearly marked with the statement ``Not for importation or distribution 
in CA, FL, HI, Puerto Rico, or U.S. Territories.'' After January 31, 
2007, the boxes or crates must be clearly marked with the statement 
``Not for importation or distribution in Puerto Rico or U.S. 
Territories.''
* * * * *

    Done in Washington, DC, this 12th day of October 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-17335 Filed 10-17-06; 8:45 am]
BILLING CODE 3410-34-P

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