From: Subject: FR Doc E8-29458 Date: Fri, 12 Dec 2008 11:29:57 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-29458.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-29458 
[Federal Register: December 12, 2008 (Volume 73, Number =
240)]
[Rules and Regulations]              =20
[Page 75537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de08-1]                        =20


=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents=20
having general applicability and legal effect, most of which are keyed=20
to and codified in the Code of Federal Regulations, which is published=20
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of =
Documents.=20
Prices of new books are listed in the first FEDERAL REGISTER issue of =
each=20
week.

=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D



[[Page 75537]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

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

=20
Citrus Canker; Movement of Fruit From a Quarantined Area; Bag=20
Markings

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: We are adopting as a final rule, without change, an interim=20
rule that amended the regulations governing the interstate movement of=20
fruit from an area quarantined for citrus canker to extend the=20
temporary exception that allows fruit to be packed for interstate=20
movement in bags that are clearly marked with only a limited=20
distribution statement, if those bags are then packed in a box that is=20
marked with both the limited distribution statement and the statement=20
``Limited Permit: USDA-APHIS-PPQ.'' The interim rule extended the=20
ending date for this temporary exemption from August 1, 2008, to August=20
1, 2010. The interim rule was necessary to provide for the continued=20
use of existing inventories of bags in which regulated fruit are packed=20
while maintaining safeguards against the movement of regulated fruit to=20
commercial citrus-producing States.

DATES: Effective on December 12, 2008, we are adopting as a final rule=20
the interim rule published at 73 FR 44615-44617 on July 31, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Senior Staff Officer,=20
Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 137,=20
Riverdale, MD 20737-1231; 301-734-8899.

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a plant disease caused by the bacterium=20
Xanthomonas citri subsp. citri that affects plants and plant parts,=20
including fresh fruit, of citrus and citrus relatives (Family=20
Rutaceae). Citrus canker can cause defoliation and other serious damage=20
to the leaves and twigs of susceptible plants. It can also cause=20
lesions on the fruit of infected plants, which render the fruit=20
unmarketable, and cause infected fruit to drop from the trees before=20
reaching maturity. The aggressive A (Asiatic) strain of citrus canker=20
can infect susceptible plants rapidly and lead to extensive economic=20
losses in commercial citrus-producing areas. Citrus canker is only=20
known to be present in the United States in the State of Florida.
    The regulations to prevent the interstate spread of citrus canker=20
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=20
the regulations). The regulations restrict the interstate movement of=20
regulated articles from and through areas quarantined because of citrus=20
canker and provide, among other things, conditions under which=20
regulated fruit may be moved into, through, and from quarantined areas=20
for packing.
    In an interim rule \1\ effective and published in the Federal=20
Register on July 31, 2008 (73 FR 44615-44617, Docket No. APHIS-2008-
0080), we amended the regulations to extend the temporary exception=20
that allows fruit to be packed for interstate movement in bags that are=20
clearly marked with only a limited distribution statement, if those=20
bags are then packed in a box that is marked with both the limited=20
distribution statement and the statement ``Limited Permit: USDA-APHIS-
PPQ.'' The interim rule extended the ending date for this temporary=20
exemption from August 1, 2008, to August 1, 2010. The interim rule was=20
necessary to provide for the continued use of existing inventories of=20
bags in which regulated fruit are packed while maintaining safeguards=20
against the movement of regulated fruit to commercial citrus-producing=20
States.
-------------------------------------------------------------------------=
--

    \1\ To view the interim rule and the comment we received, go to=20
http://frwebga=
te.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlin=
klog&to=3Dhttp://www.regulations.gov/fdmspublic/component/main?main=3D=
DocketDetail%26d=3DAPHIS-2008-0080.
-------------------------------------------------------------------------=
--

    Comments on the interim rule were required to be received on or=20
before September 29, 2008. We received one comment by that date, from a=20
State agricultural agency. The commenter supported the interim rule.=20
Therefore, for the reasons given in the interim rule, we are adopting=20
the interim rule as a final rule without change.
    This action also affirms the information contained in the interim=20
rule concerning Executive Order 12866 and the Regulatory Flexibility=20
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has=20
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine,=20
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the=20
interim rule that amended 7 CFR part 301 and that was published at 73=20
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]

BILLING CODE 3410-34-P