Regulation of the Interstate Movement of Lemons from Areas Quarantined for Mediterranean Fruit Fly, 12961-12962 [2010-5945]
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12961
Rules and Regulations
Federal Register
Vol. 75, No. 52
Thursday, March 18, 2010
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-2009-0002]
Regulation of the Interstate Movement
of Lemons from Areas Quarantined for
Mediterranean Fruit Fly
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the list of
regulated articles in our domestic fruit
fly quarantine regulations. The
regulations have indicated that smoothskinned 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
VerDate Nov<24>2008
17:27 Mar 17, 2010
Jkt 220001
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 §§ 301.32 through 301.3210 (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 § 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 4801348014, Docket No. APHIS-2009-0002) a
proposal1 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.
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.
1 To view the proposed rule, the economic
analysis, the scientific review, and the comments
we received, go to (https://www.regulations.gov/
fdmspublic/component/main?main=DocketDetail&
d=APHIS-2009-0002).
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 § 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-20080022) 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
§ 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
E:\FR\FM\18MRR1.SGM
18MRR1
12962
Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations
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.
Botanical name
*
*
Lycopersicon esculentum
*
*
*
4 Only
Authority: 7 U.S.C. 7701-7772 and 77817786; 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).
§ 301.32-2
[Amended]
2. In § 301.32-2, paragraph (a), the
table is amended as follows:
■ 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.
■ b. By revising the entry for
Lycopersicon esculentum, including
footnote 4, to read as set forth below.
■
*
Regulated articles.
*
Fruit fly
*
*
*
*
Mediterranean,4 Melon, Oriental, Peach.
*
*
*
*
*
*
*
*
pink and red ripe tomatoes are regulated articles for Mediterranean fruit fly.
*
*
*
*
*
Done in Washington, DC, this 11th day
of March 2010.
FEDERAL DEPOSIT INSURANCE
CORPORATION
Kevin Shea
Acting Administrator, Animal and Plant
Health Inspection Service.
RIN 3064–AD55
[FR Doc. 2010–5945 Filed 3–17–10: 11:25 am]
BILLING CODE 3410–34–S
12 CFR Part 360
Transitional Safe Harbor Protection for
Treatment by the Federal Deposit
Insurance Corporation as Conservator
or Receiver of Financial Assets
Transferred by an Insured Depository
Institution in Connection With a
Securitization or Participation
AGENCY: Federal Deposit Insurance
Corporation (FDIC).
ACTION: Final rule.
mstockstill on DSKH9S0YB1PROD with RULES
1. The authority citation for part 301
continues to read as follows:
■
(a) *
Tomato
*
PART 301—DOMESTIC QUARANTINE
NOTICES
§ 301.32-2
Common name(s)
*
Accordingly, we are amending 7 CFR
part 301 as follows:
■
SUMMARY: The Federal Deposit
Insurance Corporation (‘‘FDIC’’) is
amending its regulation, Defining
Transitional Safe Harbor Protection for
Treatment By The Federal Deposit
Insurance Corporation As Conservator
Or Receiver Of Financial Assets
VerDate Nov<24>2008
17:27 Mar 17, 2010
Jkt 220001
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Transferred In Connection With A
Securitization Or Participation. The
amendment adds a new provision in
order to continue for a limited time the
safe harbor provision for securitizations
that would be affected by recent changes
to generally accepted accounting
principles. In effect, the Final Rule
permanently ‘‘grandfathers’’ all
securitizations for which financial
assets were transferred or, for revolving
trusts, for which securities were issued
prior to September 30, 2010 so long as
those securitizations complied with the
preexisting requirements under
generally accepted accounting
principles in effect prior to November
15, 2009. The transitional safe harbor
will apply irrespective of whether or not
the securitization satisfies all of the
conditions for sale accounting treatment
under generally accepted accounting
principles as effective for reporting
periods after November 15, 2009. In
E:\FR\FM\18MRR1.SGM
18MRR1
Agencies
[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ To view the proposed rule, the economic analysis, the
scientific review, and the comments we received, go to (https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0002).
---------------------------------------------------------------------------
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) * * *
----------------------------------------------------------------------------------------------------------------
Botanical name Common name(s) Fruit fly
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Lycopersicon esculentum Tomato Mediterranean,\4\ Melon,
Oriental, Peach.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\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]
BILLING CODE 3410-34-S