[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Rules and Regulations]
[Pages 32431-32439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12858]



[[Page 32431]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 305

[Docket No. APHIS-2007-0084]
RIN 0579-AC57


Consolidation of the Fruit Fly Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to consolidate our domestic 
regulations regarding exotic fruit flies. Currently, these regulations 
are contained in six separate subparts, each of which covers a 
different species of fruit fly, and each of these subparts has parallel 
sections that are substantially the same as the corresponding sections 
in the other subparts. Therefore, we are combining these six subparts 
into a single subpart. We are also modifying the regulations by adding 
a mechanism through which quarantined areas can be removed from 
regulation expeditiously. These actions eliminate duplication and 
enhance the flexibility of our regulatory program.

DATES: Effective Date: July 9, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Domestic 
Coordinator, Fruit Fly Exclusion and Detection Programs, PPQ, APHIS, 
4700 River Road Unit 137, Riverdale, MD 20737-1234; (301) 734-4387.

SUPPLEMENTARY INFORMATION: 

Background

    On September 18, 2007, we published in the Federal Register (72 FR 
53171-53181, Docket No. APHIS-2007-0084) a proposal \1\ to consolidate 
our domestic regulations regarding exotic fruit flies. These 
regulations have been maintained in six separate subparts, each of 
which covers a different species of fruit fly, and each of these 
subparts has parallel sections that are substantially the same as the 
corresponding sections in the other subparts, so we proposed to combine 
those six subparts into a single subpart. We also proposed to modify 
the regulations by adding a mechanism through which quarantined areas 
can be removed from regulation expeditiously. These actions eliminate 
duplication and enhance the flexibility of our regulatory program. 
Finally, we proposed to make irradiation available as a phytosanitary 
treatment for additional species of fruit flies.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS=2007-0084.
---------------------------------------------------------------------------

    We solicited comments concerning out proposal for 60 days ending 
November 19, 2007. We received two comments by that date. They were 
from a State agricultural agency and a private citizen. The comments 
supported the rule. One commenter did, however, suggest a few minor 
changes. They are discussed below.
    The commenter, noting that we had proposed to revise the definition 
of core area to describe an area within a circle surrounding each site 
where fruit flies have been detected using a \1/2\ mile radius with the 
detection site as a center point, stated his agency had found that 
using a square-mile section around the find is more conducive to actual 
trap placement than a radius.
    As we stated in the proposed rule, our update to the definition of 
core area was intended to reflect the availability of GPS technology 
because we have determined that the use of GPS technology allows us to 
more accurately measure the distance from a positive detection site. 
Our change to the definition will not affect the ability of State or 
local agencies to carry out existing surveillance efforts or 
eradication treatment methods; it simply redefines the way we will 
identify the core area surrounding a detection site. In other words, 
this revision does not preclude State agencies from employing squared-
off grids as a guide to place traps.
    The commenter also suggested we revise references to ``all other 
fruit flies'' or ``other species of insects in the family Tephritidae'' 
since there are more than 4,000 species of Tephritids and not all of 
them are pests.
    In the definition for fruit fly (fruit flies) found in the 
regulations, we specifically include ``or other species of insects 
found in the family Tephritidae'' in the definition because this 
reference provides us with the flexibility we need to regulate new 
fruit fly pests as the need arises; it does not mean that we consider 
all other species of insects found in the family Tephritidae to be 
pests. Similarly, while we do refer to ``all fruit fly species of the 
Family Tephritidae'' in Sec.  305.2, ``Approved treatments,'' this does 
not mean that we consider all fruit flies species of the Family 
Tephritidae to be pests, only that the treatment has been shown to be 
effective against those species and has been approved for use.
    Finally, the commenter suggested we combine the three soil 
treatments mentioned in Sec.  301.32-10, paragraph (a), because they 
appear to be the same. We agree that these three treatments can be 
combined into one and we have revised Sec.  301.32-10(a) in the final 
rule accordingly.

Quarantined Areas (Sec.  301.32-3)

    In this final rule, we have updated Sec.  301.32-3, ``Quarantined 
areas,'' to incorporate a different approach to listing quarantined 
areas and notifying the public of changes to those areas. In the 
proposed rule, we described a mechanism by which we would quarantine an 
area by providing written notification to the affected entities in that 
area, and then follow up by amending the regulations to add a 
description of the quarantined area. When sufficient time passed 
without additional fruit fly detections and it was time to lift the 
quarantine, the affected entities would be notified and we would amend 
the regulations to remove the description of the quarantined area.
    Following the publication of the proposed rule, we amended \2\ our 
regulations in 7 CFR part 301 by adding a new ``Subpart-Potato Cyst 
Nematode'' (Sec. Sec.  301.86 through 301.86-9). In that new subpart, 
we employed a different approach to notifying the public about changes 
to quarantined areas. Rather than engaging in a process like that 
described in the previous paragraph, the new subpart describes the 
conditions under which fields will be added or removed from quarantine 
and uses the Internet and Federal Register notices inform the public of 
changes to the quarantined areas. When, for example, a field or area 
meets the criteria spelled out in the regulations for designation as a 
quarantined area, we publish a description of the quarantined area on a 
designated page on our Web site. The description of the quarantined 
area includes the date the description was last updated and a 
description of the changes that have been made to the quarantined area. 
The description of the quarantined area is also made available at any 
local office of the Agency's Plant Protection and Quarantine (PPQ) 
program. After a change is made to a quarantined area, we publish a 
notice in the Federal Register informing the public that the change has 
occurred and describing the change to the quarantined area.
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    \2\ See 72 FR 51975-51099. Docket No. APHIS-2006-0143, published 
September 12, 2007, and effective on November 1, 2007.
---------------------------------------------------------------------------

    We believe that using this Internet- and notice-based approach will 
allow us to update and maintain the descriptions of quarantined areas 
under the consolidated fruit fly regulations with a

[[Page 32432]]

greater degree of timeliness and efficiency than would be possible 
under the older approach. Our criteria for designating and releasing 
quarantined areas will remain the same as was described in the proposed 
rule; the difference will be in where the list of quarantined areas is 
maintained and how changes to the list will be communicated. Because we 
will not be publishing descriptions of quarantined areas in the 
regulations, we will be able to update them more quickly if a fruit fly 
population subject to the regulations is detected, thus allowing us to 
take prompt action to prevent the spread of the fruit fly population 
and provide necessary information to affected parties in a timely 
manner. Accordingly, the quarantined areas that appeared in the 
proposed regulations, as well as quarantined areas that have been added 
since the publication of the proposed rule, will no longer appear in 
the regulations, but can be found at the PPQ Web site, as mentioned 
above. We believe our description of the criteria by which quarantined 
areas will be designated and how the quarantined area will be 
determined will provide adequate notice regarding the criteria by which 
we will make changes to the quarantined area.
    Finally, in an interim rule published and effective on December 7, 
2007 (72 FR 69137-69139, Docket No. APHIS-2007-0133), we added 
blueberries (Vaccinium spp.) as a regulated article for Mediterranean 
fruit fly. We have updated Sec.  301.32-2(a) in this final rule to 
reflect that addition.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. The 
rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We are combining the regulations regarding exotic fruit flies. 
These regulations, located in 7 CFR part 301, have been divided into 
separate subparts, each covering a different species of fruit fly and 
each containing parallel sections that are substantially similar to the 
corresponding sections in other subparts. This rule combines these 
sections into one subpart that will cover all fruit fly species. We are 
also modifying the regulations by adding a mechanism through which 
quarantined areas can be removed from regulation expeditiously and by 
expanding the availability of irradiation as a phytosanitary treatment.
    The consolidation of the 66 sections to 11 sections under the new 
``Subpart--Fruit Flies'' allows us to eliminate the duplicative 
regulatory text. This change is an administrative one without any 
direct economic effect on any entity.
    The second change offers irradiation as one more treatment option 
for articles regulated because of Oriental, Melon, West Indian, or 
Sapote fruit flies. There are no areas currently quarantined because of 
any of these fruit fly species. If there were, the irradiation 
treatment option may benefit affected entities by providing them with 
an alternative means of treating regulated articles. We do not know how 
costs of irradiation treatment may compare to the costs of other 
treatments, but at least, entities now have a broader choice of 
options.
    The third change affects the interstate movement of regulated 
articles directly by allowing producers of those commodities in an area 
that has been under quarantine to more quickly resume moving articles 
without first having to obtain a certificate or limited permit. 
Entities that may benefit from this change include fresh fruit 
producers, nurserymen and tree growers, and transportation entities 
such as long distance general freight trucking with storage, scheduled 
freight air transportation companies, and/or short line railroad 
transportation companies.
    There are no significant alternatives to these actions; however, we 
do not anticipate that the economic effects of these actions will be 
significant. Any impacts on small entities would be attributable to the 
availability and the cost of irradiation as a treatment against all 
regulated fruit flies and to our ability to relieve quarantine-related 
restrictions on the interstate movement of regulated articles more 
quickly. The overall economic effects of these changes are expected to 
be positive, if minimal. We cannot estimate how many entities will be 
affected or what percentage of these entities will be small entities; 
those numbers depend entirely on the number and size of entities that 
might be present in a quarantined area at the time these provisions 
become effective or at any time thereafter. While the number of 
entities affected may eventually prove to be a large number of 
entities, most of which are likely to be small entities, the economic 
effects on those entities, while positive, would not be significant.
    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 new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

7 CFR Part 305

    Irradiation, Phytosanitary treatment, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements.

0
Accordingly, we are amending 7 CFR parts 301 and 305 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).


0
2. In part 301, a new ``Subpart--Fruit Flies'' (Sec. Sec.  301.32 
through 301.32-10) is added to read as follows:
Subpart--Fruit Flies
Sec.
301.32 Restrictions on interstate movement of regulated articles.
301.32-1 Definitions.
301.32-2 Regulated articles.
301.32-3 Quarantined areas.

[[Page 32433]]

301.32-4 Conditions governing the interstate movement of regulated 
articles from quarantined areas.
301.32-5 Issuance and cancellation of certificates and limited 
permits.
301.32-6 Compliance agreements and cancellation.
301.32-7 Assembly and inspection of regulated articles.
301.32-8 Attachment and disposition of certificates and limited 
permits.
301.32-9 Costs and charges.
301.32-10 Treatments.

Subpart--Fruit Flies


Sec.  301.32  Restrictions on interstate movement of regulated 
articles.

    (a) No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
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    \1\ Permit and other requirements for the interstate movement of 
any of the fruit flies regulated under this subpart are contained in 
part 330 of this chapter.
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    (b) Section 414 of the Plant Protection Act (7 U.S.C. 7714) 
provides that the Secretary of Agriculture may, under certain 
conditions, hold, seize, quarantine, treat, apply other remedial 
measures to, destroy, or otherwise dispose of any plant, plant pest, 
plant product, article, or means of conveyance that is moving, or has 
moved into or through the United States or interstate if the Secretary 
has reason to believe the article is a plant pest or is infested with a 
plant pest at the time of movement.


Sec.  301.32-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of fruit flies and may be moved interstate to any destination.
    Commercially produced. Fruits and vegetables that an inspector 
identifies as having been produced for sale and distribution in mass 
markets. Such identification will be based on a variety of indicators, 
including, but not limited to: Quantity of produce, monocultural 
practices, pest management programs, good sanitation practices 
including destruction of culls, type of packaging, identification of 
grower or packinghouse on the packaging, and documents consigning the 
shipment to a wholesaler or retailer.
    Compliance agreement. A written agreement between APHIS and a 
person engaged in growing, handling, or moving regulated articles, 
wherein the person agrees to comply with this subpart.
    Core area. The area within a circle surrounding each site where 
fruit flies have been detected using a \1/2\-mile radius with the 
detection site as a center point.
    Day degrees. A unit of measurement used to measure the amount of 
heat required to further the development of fruit flies through their 
life cycle. Day-degree life cycle requirements are calculated through a 
modeling process specific for each species of fruit fly.
    Departmental permit. A document issued by the Administrator in 
which he or she affirms that interstate movement of the regulated 
article identified on the document is for scientific or experimental 
purposes and that the regulated article is eligible for interstate 
movement in accordance with Sec.  301.32-4(c).
    Dripline. The line around the canopy of a plant.
    Fruit fly (fruit flies). The melon fruit fly, Mexican fruit fly, 
Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote 
fruit fly, or West Indian fruit fly, or other species of insects found 
in the family Tephritidae, collectively.
    Infestation. The presence of fruit flies or the existence of 
circumstances that makes it reasonable to believe that fruit flies are 
present.
    Inspector. Any employee of APHIS or other person authorized by the 
Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or person 
operating under a compliance agreement affirms that the regulated 
article identified on the document is eligible for interstate movement 
in accordance with Sec.  301.32-5(b) only to a specified destination 
and only in accordance with specified conditions.
    Mediterranean fruit fly. The insect known as Mediterranean fruit 
fly, Ceratitis capitata (Wiedemann), in any stage of development.
    Melon fruit fly. The insect known as the melon fruit fly, 
Bactrocera cucurbitae (Coquillett), in any stage of development.
    Mexican fruit fly. The insect known as Mexican fruit fly, 
Anastrepha ludens (Loew), in any stage of development.
    Move (moved, movement). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved.
    Oriental fruit fly. The insect known as Oriental fruit fly, 
Bactrocera dorsalis (Hendel), in any stage of development.
    Peach fruit fly. The insect known as peach fruit fly, Anastrepha 
zonata (Saunders), in any stage of development.
    Person. Any individual, partnership, corporation, association, 
joint venture, or other legal entity.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service that has been delegated 
responsibility for enforcing provisions of the Plant Protection Act and 
related legislation, quarantines, and regulations.
    Quarantined area. Any State, or any portion of a State, designated 
as a quarantined area in accordance with Sec.  301.32-3.
    Regulated article. Any article listed in Sec.  301.32-2 or 
otherwise designated as a regulated article in accordance with Sec.  
301.32-2(d).
    Sapote fruit fly. The insect known as the sapote fruit fly, 
Anastrepha serpentina, in any stage of development.
    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.
    West Indian fruit fly. The insect known as the West Indian fruit 
fly, Anastrepha obliqua (Macquart), in any stage of development.


Sec.  301.32-2  Regulated articles.

    (a) In the following table, the berry, fruit, nut, or vegetable 
listed in each row in the left column is a regulated article for each 
of the fruit fly species listed in that row in the right column, unless 
the article is canned, dried, or frozen below -17.8 [deg]C (0 [deg]F):

[[Page 32434]]



------------------------------------------------------------------------
         Botanical name             Common name(s)         Fruit fly
------------------------------------------------------------------------
Abelmoschus esculentus =          Okra..............  Melon, Peach.
 Hibiscus esculentus.
Acca sellowiana = Feijoa          Pineapple guava...  Mediterranean,
 sellowiana.                                           Oriental, Peach.
Actinidia chinensis.............  Kiwi..............  Mediterranean.
Aegle marmelos..................  Indian bael.......  Peach.
Anacardium occidentale..........  Cashew............  Oriental.
Annona cherimola................  Cherimoya.........  Mexican, Oriental,
                                                       Peach.
Annona glabra...................  Pond-apple........  Sapote.
Annona muricata.................  Soursop...........  Melon, Oriental,
                                                       Peach.
Annona reticulata...............  Custard apple,      Melon, Mexican,
                                   Annona.             Oriental, Peach.
Annona squamosa.................  Custard apple.....  Peach.
Artocarpus altilis..............  Breadfruit........  Oriental.
Artocarpus heterophyllus........  Jackfruit.........  Oriental.
Averrhoa carambola..............  Carambola, Country  Oriental, West
                                   gooseberry.         Indian.
Benincasa hispida...............  Melon, Chinese....  Melon.
Brassica juncea.................  Mustard, leaf.....  Melon.
Brassica oleracea var. botrytis.  Cauliflower.......  Melon.
Brosimum alicastrum.............  Ram[oacute]n......  West Indian.
Byrsonima crassifolia...........  Nance.............  Sapote.
Calophyllum inophyllum..........  Alexandrian-        Oriental.
                                   laurel, Laurel.
Cananga odorata.................  Ylang-Ylang.......  Oriental.
Capsicum annum..................  Pepper, chili.....  Mediterranean,
                                                       Melon, Oriental.
Capsicum frutescens.............  Pepper, tabasco...  Mediterranean,
                                                       Melon.
Capsicum frutescens abbreviatum.  Oriental bush red   Oriental.
                                   pepper.
Capsicum frutescens var. grossum  Pepper, sweet.....  Oriental.
Carica papaya...................  Papaya............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Carissa grandiflora.............  Natal plum........  Oriental.
Carissa macrocarpa..............  Natal plum........  Mediterranean.
Casimiroa edulis................  Sapote, white.....  Mediterranean.
Casimiroa greggii = Sargentia     Sargentia, yellow   Mexican.
 greggii.                          chapote.
Casimiroa spp...................  Sapote............  Mexican.
Cereus coerulescens.............  Cactus............  Oriental.
Chrysophyllum cainito...........  Star apple........  Oriental, Sapote.
Chrysophyllum oliviforme........  Caimitillo........  Oriental.
Citrofortunella japonica........  Orange, calamondin  Peach.
Citrullus colocynthis...........  Colocynth.........  Melon.
Citrullus lanatus = Citrullus     Watermelon........  Melon, Peach.
 vulgaris.
Citrullus spp...................  Melon.............  Melon.
Citrus aurantiifolia............  Lime..............  Mediterranean,
                                                       Mexican,\1\
                                                       Oriental, Peach.
Citrus aurantium................  Orange, sour......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Citrus jambhiri.................  Lemon, Rough......  Mediterranean.
Citrus latifolia................  Lime, Persian.....  Oriental.
Citrus limon....................  Lemon.............  Mediterranean,\2\
                                                       Mexican,\3\
                                                       Oriental, Peach.
Citrus limon x reticulata.......  Lemon, Meyer......  Mediterranean.
Citrus madurensis =               Orange, Panama....  Sapote.
 xCitrofortunella mitis.
Citrus maxima = Citrus grandis..  Pummelo or          Mediterranean,
                                   Shaddock.           Mexican,
                                                       Oriental, Peach.
Citrus medica...................  Citrus citron.....  Mediterranean,
                                                       Mexican, Peach.
Citrus paradisi.................  Grapefruit........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus reticulata...............  Mandarin orange,    Mediterranean,
                                   tangerine.          Mexican,
                                                       Oriental, Peach.
Citrus reticulata var. Unshu....  Orange, Unshu.....  Mediterranean,
                                                       Oriental.
Citrus reticulata x C. sinensis   Orange, king......  Mediterranean,
 = Citrus nobilis.                                     Melon, Oriental,
                                                       Peach.
Citrus reticulata x Fortunella..  Orange, calamondin  Mediterranean,
                                                       Mexican,
                                                       Oriental.
Citrus sinensis.................  Orange, sweet.....  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus spp......................  Citrus............  Sapote.
Clausena lansium................  Wampi.............  Oriental.
Coccinia spp....................  Gourds............  Melon, Peach.
Coccoloba uvifera...............  Seagrape..........  Oriental.
Coffea arabica..................  Coffee, Arabian...  Oriental.
Cresentia spp...................  Gourds............  Melon, Peach.
Cucumis melo and Cucumis melo     Cantaloupe........  Melon, Peach.
 var. Cantalupensis.
Cucumis melo var. conomon.......  Melon, oriental     Melon.
                                   pickling.
Cucumis pubescens and Cucumis     Cucurbit..........  Melon.
 trigonus.
Cucumis sativus.................  Cucumber..........  Melon, Oriental,
                                                       Peach.
Cucumis utilissimus.............  Melon, long.......  Peach.
Cucurbita maxima................  Squash............  Melon.
Cucurbita moschata..............  Pumpkin, Canada...  Melon.
Cucurbita pepo..................  Pumpkin...........  Melon.
Cydonia oblonga.................  Quince............  Mexican,
                                                       Mediterranean,
                                                       Oriental, Peach,
                                                       Sapote.
Cyphomandra betaceae............  Tomato, tree......  Melon.
Diospyros digyna................  Black sapote......  Sapote.
Diospyros discolor..............  Velvet apple......  Oriental.

[[Page 32435]]

 
Diospyros khaki.................  Japanese persimmon  Mediterranean,
                                                       Oriental.
Diospyros spp...................  Sapote............  Sapote, West
                                                       Indian.
Dovyalis hebecarpa..............  Kitembilla........  Oriental, Sapote,
                                                       West Indian.
Dracena draco...................  Dragon tree.......  Oriental.
Elaeocarpus angustifolius.......  Blue marbletree;    Peach.
                                   New Guinea
                                   quandong.
Elaeocarpus grandiflorus........  Lily of the valley  Peach.
                                   tree.
Elaeocarpus madopetalus.........  Ma-kok-nam........  Peach.
Eriobotrya japonica.............  Loquat............  Mediterranean,
                                                       Oriental, Peach,
                                                       West Indian.
Eugenia brasiliensis = E.         Brazil-cherry,      Mediterranean,
 dombeyi.                          grumichama.         Oriental, Peach.
Eugenia malaccensis.............  Malay apple.......  Oriental.
Eugenia uniflora................  Surinam cherry....  Mediterranean,
                                                       Oriental, Peach.
Euphoria longan.................  Longan............  Oriental.
Ficus benghalensis..............  Fig, Banyan.......  Peach.
Ficus carica....................  Fig...............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Ficus macrophylla...............  Fig, Moreton Bay..  Peach.
Ficus retusa....................  Fig, glossy leaf..  Peach.
Ficus rubiginosa................  Fig, Port Jackson.  Peach.
Ficus spp.......................  Fig...............  Peach.
Fortunella japonica.............  Chinese Orange,     Mediterranean,
                                   Kumquat.            Oriental, Peach.
Garcinia celebica...............  Gourka............  Oriental.
Garcinia mangostana.............  Mangosteen........  Oriental.
Grewia asiatica.................  Phalsa............  Peach.
Jubaea chilensis = Jubaea         Syrup palm........  Oriental.
 spectabilis.
Juglans hindsii.................  Walnut............  Oriental.
Juglans regia...................  Walnut, English...  Oriental.
Juglans spp.....................  Walnut with husk..  Mediterranean.
Lablab purpureus subsp.           Bean, hyacinth....  Melon.
 purpureus = Dolichos lablab.
Lagenaria spp...................  Gourds............  Melon, Peach.
Luffa acutangula................  Gourd, ribbed or    Peach.
                                   ridged, luffa.
Luffa aegyptiaca................  Gourd, smooth       Peach.
                                   luffa, sponge.
Luffa spp.......................  Gourds............  Melon, Peach.
Luffa vulgaris..................  Gourd.............  Peach.
Lychee chinensis................  Lychee nut........  Oriental.
Lycopersicon esculentum.........  Tomato............  Mediterranean,
                                                       Melon,\4\
                                                       Oriental,\4\
                                                       Peach \4\.
Madhuca indica = Bassia           Mahua, mowra-       Peach.
 latifolia.                        buttertree.
Malpighia glabra................  Cherry, Barbados..  Oriental, West
                                                       Indian.
Malpighia punicifolia...........  West Indian cherry  Oriental.
Malus sylvestris................  Apple.............  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Sapote,
                                                       Peach.
Mammea americana................  Mammy apple.......  Mexican, Oriental,
                                                       Peach, Sapote.
Mangifera foetida...............  Mango, Bachang....  Peach.
Mangifera indica................  Mango.............  All.
Mangifera odorata...............  Kuine.............  Peach.
Manilkara hexandra..............  Sapodilla, balata.  Peach.
Manilkara jaimiqui subsp.         Sapodilla, wild...  Peach.
 emarginata.
Manilkara zapota................  Sapodilla, chiku..  Oriental, Peach,
                                                       Sapote, West
                                                       Indian.
Mimusops elengi.................  Spanish cherry....  Mediterranean,
                                                       Oriental.
Momordica balsamina.............  Balsam apple,       Peach.
                                   hawthorn.
Momordica charantia.............  Balsam pear,        Peach.
                                   bitter melon.
Momordica cochinchinensis.......  Balsam apple, gac.  Peach.
Momordica spp...................  Gourds............  Melon, Peach.
Morus nigra.....................  Mulberry..........  Oriental.
Murraya exotica.................  Mock orange.......  Mediterranean,
                                                       Oriental.
Musa x paradisiaca = Musa         Banana............  Oriental.
 paradisiaca subsp. sapientum.
Musa acuminata = Musa nana......  Banana, dwarf.....  Oriental.
Ochrosia elliptica..............  Orange, bourbon...  Peach.
Olea europea....................  Olive.............  Mediterranean.
Opuntia ficus-indica = Opuntia    Prickly pear......  Oriental.
 megacantha.
Opuntia spp.....................  Opuntia cactus....  Mediterranean.
Passiflora edulis...............  Passionflower,      Melon, Oriental,
                                   passionfruit,       West Indian.
                                   yellow lilikoi.
Passiflora laurifolia...........  Lemon, water......  Melon.
Passiflora ligularis............  Granadilla, sweet.  Oriental.
Passiflora quadrangularis.......  Granadilla, giant.  West Indian.
Passiflora tripartita var.        Passionflower,      Oriental.
 mollissima.                       softleaf.
Persea americana................  Avocado...........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach,
                                                       Sapote.
Phaseolus lunatus = Phaseolus     Bean, lima........  Melon.
 limensis.
Phaseolus vulgaris..............  Bean, mung........  Melon.
Phoenix dactylifera.............  Date palm.........  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Planchonia careya = Careya        Patana oak, kumbhi  Peach.
 arborea.
Pouteria caimito................  Abiu..............  Sapote.
Pouteria campechiana............  Eggfruit tree.....  Oriental, Sapote.

[[Page 32436]]

 
Pouteria obovata................  Lucmo.............  Sapote.
Pouteria viridis................  Sapote, green.....  Sapote.
Prunus americana................  Plum, American....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus armeniaca................  Apricot...........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus avium....................  Sweet cherry......  Mediterranean,
                                                       Peach.
Prunus cerasus..................  Sour cherry.......  Mediterranean,
                                                       Peach.
Prunus domestica................  Plum, European....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus dulcis = P. amygdalus....  Almond with husk..  Mediterranean,
                                                       Peach \5\.
Prunus ilicifolia...............  Cherry, Catalina..  Oriental, Peach.
Prunus lusitanica...............  Cherry, Portuguese  Oriental, Peach.
Prunus persica..................  Peach.............  All.
Prunus persica var. nectarine...  Nectarine.........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus salicina.................  Japanese plum.....  Mediterranean,
                                                       Mexican, Peach,
                                                       West Indian.
Prunus salicina x Prunus          Methley plum......  Peach.
 cerasifera.
Psidium cattleianum.............  Strawberry guava,   Mediterranean,
                                   Cattley guava.      Melon, Oriental.
Psidium cattleianum var.          Yellow strawberry   Peach.
 cattleianum f. lucidum.           guava.
Psidium cattleianum var.          Red strawberry      Oriental, West
 littorale.                        guava.              Indian, Peach.
Psidium guajava.................  Guava.............  All.
Punica granatum.................  Pomegranate.......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Pyrus communis..................  Pear..............  All.
Pyrus pashia....................  Kaeuth............  Peach.
Pyrus pyrifolia.................  Pear, sand........  Peach.
Rhodomyrtus tomentosa...........  Myrtle, downy rose  Oriental.
Sandoricum koetjape.............  Santol............  Oriental.
Santalum album..................  Sandalwood, white.  Oriental.
Santalum paniculatum............  Sandalwood........  Oriental.
Sapotaceae......................  Sapota, Sapodilla.  Mexican.
Sechium edule...................  Chayote...........  Melon.
Sesbania grandiflora............  Scarlet wisteria    Melon.
                                   tree.
Sicyes sp.......................  Cucumber, bur.....  Melon.
Solanum aculeatissimum..........  Nightshade........  Peach.
Solanum mauritianum = S.          Tobacco, wild.....  Peach.
 auriculatum.
Solanum melongena...............  Eggplant..........  Mediterranean,\6\
                                                       Melon, Peach.
Solanum muricatum...............  Pepino............  Oriental, Peach.
Solanum pseudocapsicum..........  Jerusalem cherry..  Oriental, Peach.
Solanum seaforthianum...........  Nightshade,         Peach.
                                   Brazilian.
Solanum verbascifolium..........  Nightshade,         Peach.
                                   Mullein.
Spondias dulcis = Spondias        Otaheite apple,     Oriental, West
 cytherea.                         Jew plum.           Indian.
Spondias mombin.................  Hog-plum..........  Sapote, West
                                                       Indian.
Spondias purpurea...............  Red mombin........  Sapote, West
                                                       Indian.
Spondias spp....................  Spanish plum,       Mexican.
                                   purple mombin or
                                   Ciruela.
Spondias tuberose...............  Imbu..............  Oriental.
Syzygium aquem..................  Water apple,        Peach.
                                   watery roseapple.
Syzygium cumini.................  Java plum,          Peach.
                                   jambolana.
Syzygium jambos = Eugenia jambos  Rose apple........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach,
                                                       West Indian.
Syzygium malaccense = Eugenia     Mountain apple,     Mediterranean,
 malaccensis.                      Malay apple.        Peach, West
                                                       Indian.
Syzygium samarangense...........  Java apple........  Peach.
Terminalia bellirica............  Myrobalan,          Peach.
                                   belleric.
Terminalia catappa..............  Tropical almond...  Oriental, Peach.
Terminalia chebula..............  Myrobalan, black    Mediterranean,
                                   or chebulic.        Oriental, Peach.
Thevetia peruviana..............  Yellow oleander...  Mediterranean,
                                                       Oriental.
Trichosanthis spp...............  Gourds............  Melon, Peach.
Vaccinium spp...................  Blueberry.........  Mediterranean.
Vigna unguiculata...............  Cowpea............  Melon.
Vitis spp.......................  Grapes............  Mediterranean,
                                                       Oriental.
Vitis trifolia..................  Grape.............  Melon.
Wikstroemia phillyreifolia......  Akia..............  Oriental.
Ziziphus mauritiana.............  Chinese date,       Peach.
                                   jujube.
------------------------------------------------------------------------
\1\ Sour limes are not regulated articles for Mexican fruit fly.
\2\ Smooth-skinned lemons harvested for packing by commercial
  packinghouses are not regulated articles for Mediterranean fruit fly.
\3\ Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour
  lemon) are not regulated articles for Mexican fruit fly.
\4\ Only pink and red ripe tomatoes are regulated articles for melon,
  Oriental, and peach fruit flies.
\5\ Harvested almonds with dried husks are not regulated articles for
  peach fruit fly.
\6\ Commercially produced eggplants are not regulated articles for
  Mediterranean fruit fly.

    (b) Plants of the following species in the family Curcurbitaceae 
are regulated articles for the melon fruit fly only:

Cantaloupe (Cucumis melo)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyes spp.)
Cucurbit (Cucumis pubescens and C. trigonus)
Cucurbit, wild (Cucumis trigonus)
Gherkin, West India (Cucumis angaria)
Gourds (Coccinia, Cresentia, Lagenaria, Luffa, Momordica, and 
Trichosanthis spp.)
Gourd, angled luffa (Luffa acutangula)

[[Page 32437]]

Gourd, balsam apple (Momordica balsaminia)
Gourd, ivy (Coccinia grandis)
Gourd, kakari (Momordica dioica)
Gourd, serpent cucumber (Trichosanthis anguina)
Gourd, snake (Trichosanthis cucumeroides)
Gourd, sponge (Luffa aegyptiaca)
Gourd, white flowered (Lagenaria siceraria)
Melon, Chinese (Benincasa hispida)
Melon, long (Cucumis utilissimus)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Squash (Cucurbita maxima)
Watermelon (Citrullus lanatus = Citrullus vulgaris)

    (c) Soil within the dripline of the plants listed in paragraph (b) 
of this section or plants that are producing or have produced any 
article listed in paragraph (a) of this section.
    (d) Any other product, article, or means of conveyance not listed 
in paragraphs (a), (b), or (c) of this section that an inspector 
determines presents a risk of spreading fruit flies, when the inspector 
notifies the person in possession of the product, article, or means of 
conveyance that it is subject to the restrictions of this subpart.


Sec.  301.32-3  Quarantined areas.

    (a) Designation of quarantined areas. In accordance with the 
criteria listed in paragraph (c) of this section, the Administrator 
will designate as a quarantined area each State, or each portion of a 
State, in which a fruit fly population subject to the regulations in 
this subpart has been found by an inspector, or in which the 
Administrator has reason to believe that a fruit fly population is 
present, or that the Administrator considers necessary to quarantine 
because of its inseparability for quarantine enforcement purposes from 
localities in which a fruit fly population has been found. The 
Administrator will publish the description of the quarantined area on 
the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/plant_health/plant_pest_info/fruit_flies/index.shtml. The description of the quarantined area will include the 
date the description was last updated and a description of the changes 
that have been made to the quarantined area. The description of the 
quarantined area may also be obtained by request from any local office 
of PPQ; local offices are listed in telephone directories. After a 
change is made to the quarantined area, we will publish a notice in the 
Federal Register informing the public that the change has occurred and 
describing the change to the quarantined area.
    (b) Designation of an area less than an entire State as a 
quarantined area. Less than an entire State will be designated as a 
quarantined area only if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are equivalent to 
those imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the fruit fly.
    (c) Criteria for designation of a State, or a portion of a State, 
as a quarantined area. A State, or a portion of a State, will be 
designated as a quarantined area when a fruit fly population has been 
found in that area by an inspector, when the Administrator has reason 
to believe that the fruit fly is present in that area, or when the 
Administrator considers it necessary to quarantine that area because of 
its inseparability for quarantine enforcement purposes from localities 
in which the fruit fly has been found.
    (d) Removal of a State, or a portion of a State, from quarantine. A 
State, or a portion of a State, will be removed from quarantine when 
the Administrator determines that sufficient time has passed without 
finding additional flies or other evidence of infestation in the area 
to conclude that the fruit fly no longer exists in that area.


Sec.  301.32-4  Conditions governing the interstate movement of 
regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic 
plant quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec.  301.32-5 and 301.32-8;
    (b) Without a certificate or limited permit if:
    (1) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is completely enclosed by 
a covering adequate to prevent access by fruit flies (such as canvas, 
plastic, or other closely woven cloth) while moving through the 
quarantined area; and
    (2) The point of origin of the regulated article is indicated on 
the waybill, and the enclosed vehicle or the enclosure that contains 
the regulated article is not opened, unpacked, or unloaded in the 
quarantined area; and
    (3) The regulated article is moved through the quarantined area 
without stopping except for refueling or for traffic conditions, such 
as traffic lights or stop signs.
    (c) Without a certificate or limited permit if the regulated 
article is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a permit issued by the Administrator for the 
regulated article;
    (3) Under conditions specified on the permit and found by the 
Administrator to be adequate to prevent the spread of fruit flies; and
    (4) With a tag or label bearing the number of the permit issued for 
the regulated article attached to the outside of the container of the 
regulated article or attached to the regulated article itself if not in 
a container.

(Approved by the Office of Management and Budget under control 
number 0579-0088)

Sec.  301.32-5  Issuance and cancellation of certificates and limited 
permits.

    (a) A certificate may be issued by an inspector \3\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting 
local PPQ offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction 
of an inspector in accordance with Sec.  301.32-10; or
    (ii) Based on inspection of the premises of origin, the premises 
are free from fruit flies; or
    (iii) Based on inspection of the regulated article, the regulated 
article is free of fruit flies; and
    (2) The regulated article will be moved through the quarantined 
area in an enclosed vehicle or will be completely enclosed by a 
covering adequate to prevent access by fruit flies; and
    (3) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of fruit flies; and
    (4) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (b) An inspector \4\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \4\ See footnote 3.
---------------------------------------------------------------------------

    (1) The regulated article is to be moved interstate to a specified

[[Page 32438]]

destination for specified handling, processing, or utilization (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of fruit 
flies because life stages of the fruit flies will be destroyed by the 
specified handling, processing, or utilization;
    (2) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of fruit flies; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for the interstate movement of 
regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is eligible for a certificate in accordance with paragraph (a) 
of this section. A person operating under a compliance agreement may 
issue a limited permit for interstate movement of a regulated article 
when an inspector has determined that the regulated article is eligible 
for a limited permit in accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all conditions in this subpart for the use of the 
certificate or limited permit. If the withdrawal is oral, the 
withdrawal and the reasons for the withdrawal will be confirmed in 
writing as promptly as circumstances allow. Any person whose 
certificate or limited permit has been withdrawn may appeal the 
decision in writing to the Administrator within 10 days after receiving 
the written notification of the withdrawal. The appeal must state all 
of the facts and reasons upon which the person relies to show that the 
certificate or limited permit was wrongfully withdrawn. As promptly as 
circumstances allow, the Administrator will grant or deny the appeal, 
in writing, stating the reasons for the decision. A hearing will be 
held to resolve any conflict as to any material fact. Rules of practice 
concerning a hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control 
number 0579-0088)

Sec.  301.32-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person is aware of this subpart, agrees to comply 
with its provisions, and agrees to comply with all the provisions 
contained in the compliance agreement. \5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Emergency and Domestic Programs, 4700 River Road Unit 
134, Riverdale, MD 20737-1236, and from local PPQ offices, which are 
listed in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either orally or in 
writing, by an inspector whenever the inspector finds that the person 
who has entered into the compliance agreement has failed to comply with 
any of the conditions of this subpart or with any of the provisions of 
the compliance agreement. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed in writing as 
promptly as circumstances allow. Any person whose compliance agreement 
has been canceled may appeal the decision, in writing, within 10 days 
after receiving written notification of the cancellation. The appeal 
must state all of the facts and reasons upon which the person relies to 
show that the compliance agreement was wrongfully canceled. As promptly 
as circumstances allow, the Administrator will grant or deny the 
appeal, in writing, stating the reasons for the decision. A hearing 
will be held to resolve any conflict as to any material fact. Rules of 
practice concerning a hearing will be adopted by the Administrator.


Sec.  301.32-7  Assembly and inspection of regulated articles.

    (a) Any person, other than a person authorized to issue 
certificates or limited permits under Sec.  301.32-5(c), who desires to 
move a regulated article interstate accompanied by a certificate or 
limited permit must notify an inspector \6\ as far in advance of the 
desired interstate movement as possible, but no less than 48 hours 
before the desired interstate movement.
---------------------------------------------------------------------------

    \6\ See footnote 3 to Sec.  301.32-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.


Sec.  301.32-8  Attachment and disposition of certificates and limited 
permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the 
interstate movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill: 
Provided, however, that if the certificate or limited permit is 
attached to the consignee's copy of the waybill, the regulated article 
must be sufficiently described on the certificate or limited permit and 
on the waybill to identify the regulated article.
    (b) The certificate or limited permit for the interstate movement 
of a regulated article must be furnished by the carrier to the 
consignee listed on the certificate or limited permit upon arrival at 
the location provided on the certificate or limited permit.

(Approved by the Office of Management and Budget under control 
number 0579-0088)

Sec.  301.32-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside normal 
business hours.


Sec.  301.32-10  Treatments.

    Treatment schedules listed in part 305 of this chapter to destroy 
fruit flies are authorized for use on regulated articles. The following 
treatments also may be used for the regulated articles indicated:
    (a) Soil within the dripline of plants that are producing or have 
produced regulated articles listed Sec.  301.32(a) or (b). The 
following soil treatments may be used: Apply diazinon at the rate of 5 
pounds active ingredient per acre to the soil within the dripline with 
sufficient water to wet the soil to at least a depth of 0.5 inch. Both 
immersion and pour-on treatment procedures are also acceptable.
    (b) Premises. Fields, groves, or areas that are located within a 
quarantined area but outside the infested core area and that produce 
regulated articles may receive regular treatments with either malathion 
or spinosad bait spray as an alternative to treating fruits and 
vegetables as provided in part 305 of this chapter. These treatments 
must take place at 6- to 10-day intervals, starting a sufficient time 
before harvest (but not less than 30 days before harvest) to

[[Page 32439]]

allow for development of fruit fly egg and larvae. Determination of the 
time period must be based on the day degrees model for the specific 
fruit fly. Once treatment has begun, it must continue through the 
harvest period. The malathion bait spray treatment must be applied by 
aircraft or ground equipment at a rate of 2.4 oz of technical grade 
malathion and 9.6 oz of protein hydrolysate per acre. The spinosad bait 
spray treatment must be applied by aircraft or ground equipment at a 
rate of 0.01 oz of a USDA-approved spinosad formulation and 48 oz of 
protein hydrolysate per acre. For ground applications, the mixture may 
be diluted with water to improve coverage.

Subpart--Mexican Fruit Fly Quarantine and Regulations [Removed]

0
3. Subpart--Mexican Fruit Fly Quarantine and Regulations, consisting of 
Sec. Sec.  301.64 through 301.64-10, is removed.

Subpart--Mediterranean Fruit Fly [Removed]

0
4. Subpart--Mediterranean Fruit Fly, consisting of Sec. Sec.  301.78 
through 301.78-10, is removed.

Subpart--Oriental Fruit Fly [Removed]

0
5. Subpart--Oriental Fruit Fly, consisting of Sec. Sec.  301.93 through 
301.93-10, is removed.

Subpart--Melon Fruit Fly [Removed]

0
6. Subpart--Melon Fruit Fly, consisting of Sec. Sec.  301.97 through 
301.97-10, is removed.

Subpart--West Indian Fruit Fly [Removed]

0
7. Subpart--West Indian Fruit Fly, consisting of Sec. Sec.  301.98 
through 301.98-10, is removed.

Subpart--Sapote Fruit Fly [Removed]

0
8. Subpart--Sapote Fruit Fly, consisting of Sec. Sec.  301.99 through 
301.99-10, is removed.

PART 305--PHYTOSANITARY TREATMENTS

0
9. The authority citation for part 305 continues to read as follows:

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


0
10. In Sec.  305.2, the table in paragraph (h)(2)(ii) is amended by 
removing, in the entry for ``Areas in the United States under Federal 
quarantine for the listed pest'', the entries for ``Any fruit listed in 
Sec.  301.64-2(a) of this chapter'' and ``Any article listed in Sec.  
301.78-2(a) of this chapter'' and adding a new entry in their place to 
read as set forth below.


Sec.  305.2  Approved treatments.

* * * * *
    (h) * * *
    (2) * * *
    (ii) * * *

----------------------------------------------------------------------------------------------------------------
              Location                       Commodity                   Pest              Treatment schedule
----------------------------------------------------------------------------------------------------------------
Areas in the United States under      .......................  .......................  IR.
 Federal quarantine for the listed
 pest.
 
                                                  * * * * * * *
                                      Any fruit or article     All fruit fly species
                                       listed in Sec.           of the Family
                                       301.32-2(a) of this      Tephritidae.
                                       chapter.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  305.32  [Amended]

0
11. Section 305.32 is amended as follows:
0
a. In the section heading, by removing the words ``Mexican fruit fly'' 
and adding the words ``fruit flies'' in their place.
0
b. In the introductory text, by removing the word ``fruit'' and adding 
the words ``berry, fruit, nut, or vegetable'' in its place, and by 
removing the citation ``Sec.  301.64-2(a)'' and adding the citation 
``Sec.  301.32-2(a)'' in its place.
0
c. In paragraph (a)(1), by removing the words ``Mexican fruit fly'' and 
adding the words ``the fruit fly of concern'' in their place, and by 
removing the words ``the fruit'' and adding the words ``the regulated 
articles'' in their place.
0
d. In paragraph (a)(2), by removing the words ``fruit, except that 
fruit'' and adding the words ``regulated articles, except that 
articles'' in their place.
0
e. In paragraph (a)(3), by removing the citation ``Sec.  301.64-6'' and 
adding the citation ``Sec.  301.32-6'' in its place.
0
f. In paragraph (d), by removing the words ``Mexican fruit fly'' and 
adding the words ``the fruit fly of concern'' in their place.
0
g. In paragraph (e)(2), by removing the words ``Mexican fruit fly'' and 
adding the words ``the fruit fly of concern'' in their place.
0
h. In paragraph (i), by removing the words ``Mexican fruit fly'' and 
adding the words ``fruit flies'' in their place, and by adding the 
words ``and vegetables'' after the word ``fruits''.
0
i. In the OMB control number citation at the end of the section, by 
removing the control number ``0579-0215'' and adding the control number 
``0579-0088'' in its place.


Sec.  305.33  [Removed and reserved]

0
12. Section 305.33 is removed and reserved.


Sec.  305.34  [Amended]

0
13. Section 305.34 is amended by redesignating footnotes 15 through 19 
as footnotes 10 through 14, respectively.

    Done in Washington, DC, this 3rd day of June 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-12858 Filed 6-6-08; 8:45 am]
BILLING CODE 3410-34-P