[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Rules and Regulations]
[Pages 12961-12962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5945]



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 Rules and Regulations
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  Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules 
and Regulations  

[[Page 12961]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2009-0002]


Regulation of the Interstate Movement of Lemons from Areas 
Quarantined for Mediterranean Fruit Fly

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the list of regulated articles in our domestic 
fruit fly quarantine regulations. The regulations have indicated that 
smooth-skinned lemons (all varieties of Citrus limon) harvested for 
packing by commercial packinghouses are not regulated articles for 
Mediterranean fruit fly. We are amending the regulations to designate 
all yellow lemons as regulated articles. This change is based on 
research indicating that, under certain conditions, yellow lemons are a 
host for Mediterranean fruit fly. As a result of this action, yellow 
lemons in an area quarantined for Mediterranean fruit fly will be 
subject to certain interstate movement restrictions in order to prevent 
the spread of that pest into uninfested areas of the United States.

DATES: Effective Date: April 19, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, APHIS Exotic 
Fruit Fly Director, Fruit Fly Exclusion and Detection Programs, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-
4387.

SUPPLEMENTARY INFORMATION:

Background

    The Mediterranean fruit fly (Medfly, Ceratitis capitata 
[Wiedemann]) is one of the world's most destructive pests of fruits and 
vegetables. The short life cycle of the Medfly allows rapid development 
of serious outbreaks, which can cause severe economic losses. Heavy 
infestations can cause complete loss of crops.
    The Animal and Plant Health Inspection Service (APHIS) enforces 
regulations in 7 CFR part 301, ``Domestic Quarantine Notices,'' that 
are designed to prevent the interstate spread of pests that are new to 
or not widely distributed within the United States. The regulations in 
``Subpart-Fruit Flies,'' contained in Sec. Sec.  301.32 through 301.32-
10 (referred to below as the regulations), are intended to prevent the 
spread of fruit flies designated as plant pests to noninfested areas of 
the United States. To this end, the regulations impose restrictions on 
the interstate movement of articles that are hosts of fruit flies or 
whose movement could otherwise spread fruit flies from areas 
quarantined because of fruit flies. We refer to these articles as 
``regulated articles.'' The table in Sec.  301.32-2(a), ``Regulated 
Articles,'' lists articles subject to domestic quarantine regulations 
for several species of fruit fly, including Medfly.
    On September 21, 2009, we published in the Federal Register (74 FR 
48013-48014, Docket No. APHIS-2009-0002) a proposal\1\ to amend the 
list of regulated articles in our domestic fruit fly quarantine 
regulations. Lemons (Citrus limon) are included in that list as a 
regulated article for several types of fruit flies, but a footnote to 
the table has indicated that smooth-skinned lemons harvested for 
packing by commercial packinghouses are not regulated articles for 
Medfly. We proposed to amend the regulations to designate all yellow 
lemons as regulated articles based on recent research indicating that, 
under certain conditions, yellow lemons are a host for Medfly.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, the economic analysis, the 
scientific review, and the comments we received, go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0002).
---------------------------------------------------------------------------

    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]
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