[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Rules and Regulations]
[Page 75537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29458]



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  Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / 
Rules and Regulations  

[[Page 75537]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2008-0080]
RIN 0579-AC81


Citrus Canker; Movement of Fruit From a Quarantined Area; Bag 
Markings

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations governing the interstate movement of 
fruit from an area quarantined for citrus canker to extend the 
temporary exception that allows fruit to be packed for interstate 
movement in bags that are clearly marked with only a limited 
distribution statement, if those bags are then packed in a box that is 
marked with both the limited distribution statement and the statement 
``Limited Permit: USDA-APHIS-PPQ.'' The interim rule extended the 
ending date for this temporary exemption from August 1, 2008, to August 
1, 2010. The interim rule was necessary to provide for the continued 
use of existing inventories of bags in which regulated fruit are packed 
while maintaining safeguards against the movement of regulated fruit to 
commercial citrus-producing States.

DATES: Effective on December 12, 2008, we are adopting as a final rule 
the interim rule published at 73 FR 44615-44617 on July 31, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Senior Staff Officer, 
Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 137, 
Riverdale, MD 20737-1231; 301-734-8899.

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a plant disease caused by the bacterium 
Xanthomonas citri subsp. citri that affects plants and plant parts, 
including fresh fruit, of citrus and citrus relatives (Family 
Rutaceae). Citrus canker can cause defoliation and other serious damage 
to the leaves and twigs of susceptible plants. It can also cause 
lesions on the fruit of infected plants, which render the fruit 
unmarketable, and cause infected fruit to drop from the trees before 
reaching maturity. The aggressive A (Asiatic) strain of citrus canker 
can infect susceptible plants rapidly and lead to extensive economic 
losses in commercial citrus-producing areas. Citrus canker is only 
known to be present in the United States in the State of Florida.
    The regulations to prevent the interstate spread of citrus canker 
are contained in Sec. Sec.  301.75-1 through 301.75-14 of ``Subpart--
Citrus Canker'' (7 CFR 301.75-1 through 301.75-17, referred to below as 
the regulations). The regulations restrict the interstate movement of 
regulated articles from and through areas quarantined because of citrus 
canker and provide, among other things, conditions under which 
regulated fruit may be moved into, through, and from quarantined areas 
for packing.
    In an interim rule \1\ effective and published in the Federal 
Register on July 31, 2008 (73 FR 44615-44617, Docket No. APHIS-2008-
0080), we amended the regulations to extend the temporary exception 
that allows fruit to be packed for interstate movement in bags that are 
clearly marked with only a limited distribution statement, if those 
bags are then packed in a box that is marked with both the limited 
distribution statement and the statement ``Limited Permit: USDA-APHIS-
PPQ.'' The interim rule extended the ending date for this temporary 
exemption from August 1, 2008, to August 1, 2010. The interim rule was 
necessary to provide for the continued use of existing inventories of 
bags in which regulated fruit are packed while maintaining safeguards 
against the movement of regulated fruit to commercial citrus-producing 
States.
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    \1\ To view the interim rule and the comment we received, go to 
http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0080.
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    Comments on the interim rule were required to be received on or 
before September 29, 2008. We received one comment by that date, from a 
State agricultural agency. The commenter supported the interim rule. 
Therefore, for the reasons given in the interim rule, we are adopting 
the interim rule as a final rule without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

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

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 73 
FR 44615-44617 on July 31, 2008.

    Done in Washington, DC, this 8th day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-29458 Filed 12-11-08; 8:45 am]
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