Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations 32431

DEPARTMENT OF AGRICULTURE program. Finally, we proposed to make (a), because they appear to be the same. irradiation available as a phytosanitary We agree that these three treatments can Animal and Plant Health Inspection treatment for additional species of fruit be combined into one and we have Service flies. revised § 301.32–10(a) in the final rule We solicited comments concerning accordingly. 7 CFR Parts 301 and 305 out proposal for 60 days ending November 19, 2007. We received two Quarantined Areas (§ 301.32–3) [Docket No. APHIS–2007–0084] comments by that date. They were from In this final rule, we have updated RIN 0579–AC57 a State agricultural agency and a private § 301.32–3, ‘‘Quarantined areas,’’ to citizen. The comments supported the incorporate a different approach to Consolidation of the Fruit Fly rule. One commenter did, however, listing quarantined areas and notifying Regulations suggest a few minor changes. They are the public of changes to those areas. In discussed below. the proposed rule, we described a AGENCY: Animal and Plant Health The commenter, noting that we had mechanism by which we would Inspection Service, USDA. proposed to revise the definition of core quarantine an area by providing written ACTION: Final rule. area to describe an area within a circle notification to the affected entities in surrounding each site where fruit flies that area, and then follow up by SUMMARY: We are amending the have been detected using a 1⁄2 mile amending the regulations to add a regulations to consolidate our domestic radius with the detection site as a center description of the quarantined area. regulations regarding exotic fruit flies. point, stated his agency had found that When sufficient time passed without Currently, these regulations are using a square-mile section around the additional fruit fly detections and it was contained in six separate subparts, each find is more conducive to actual trap time to lift the quarantine, the affected of which covers a different species of placement than a radius. entities would be notified and we would fruit fly, and each of these subparts has As we stated in the proposed rule, our amend the regulations to remove the parallel sections that are substantially update to the definition of core area was description of the quarantined area. the same as the corresponding sections intended to reflect the availability of Following the publication of the in the other subparts. Therefore, we are GPS technology because we have proposed rule, we amended 2 our combining these six subparts into a determined that the use of GPS regulations in 7 CFR part 301 by adding single subpart. We are also modifying technology allows us to more accurately a new ‘‘Subpart-Potato Cyst Nematode’’ the regulations by adding a mechanism measure the distance from a positive (§§ 301.86 through 301.86–9). In that through which quarantined areas can be detection site. Our change to the new subpart, we employed a different removed from regulation expeditiously. definition will not affect the ability of approach to notifying the public about These actions eliminate duplication and State or local agencies to carry out changes to quarantined areas. Rather enhance the flexibility of our regulatory existing surveillance efforts or than engaging in a process like that program. eradication treatment methods; it described in the previous paragraph, the DATES: Effective Date: July 9, 2008. simply redefines the way we will new subpart describes the conditions FOR FURTHER INFORMATION CONTACT: Mr. identify the core area surrounding a under which fields will be added or Wayne D. Burnett, Domestic detection site. In other words, this removed from quarantine and uses the Coordinator, Fruit Fly Exclusion and revision does not preclude State Internet and Federal Register notices Detection Programs, PPQ, APHIS, 4700 agencies from employing squared-off inform the public of changes to the River Road Unit 137, Riverdale, MD grids as a guide to place traps. quarantined areas. When, for example, a 20737–1234; (301) 734–4387. The commenter also suggested we field or area meets the criteria spelled revise references to ‘‘all other fruit flies’’ SUPPLEMENTARY INFORMATION: out in the regulations for designation as or ‘‘other species of insects in the family a quarantined area, we publish a Background Tephritidae’’ since there are more than description of the quarantined area on a 4,000 species of Tephritids and not all On September 18, 2007, we published designated page on our Web site. The of them are pests. in the Federal Register (72 FR 53171– description of the quarantined area In the definition for fruit fly (fruit includes the date the description was 53181, Docket No. APHIS–2007–0084) a flies) found in the regulations, we 1 last updated and a description of the proposal to consolidate our domestic specifically include ‘‘or other species of regulations regarding exotic fruit flies. changes that have been made to the insects found in the family Tephritidae’’ quarantined area. The description of the These regulations have been maintained in the definition because this reference in six separate subparts, each of which quarantined area is also made available provides us with the flexibility we need at any local office of the Agency’s Plant covers a different species of fruit fly, to regulate new fruit fly pests as the and each of these subparts has parallel Protection and Quarantine (PPQ) need arises; it does not mean that we program. After a change is made to a sections that are substantially the same consider all other species of insects as the corresponding sections in the quarantined area, we publish a notice in found in the family Tephritidae to be the Federal Register informing the other subparts, so we proposed to pests. Similarly, while we do refer to combine those six subparts into a single public that the change has occurred and ‘‘all fruit fly species of the Family describing the change to the subpart. We also proposed to modify the Tephritidae’’ in § 305.2, ‘‘Approved regulations by adding a mechanism quarantined area. treatments,’’ this does not mean that we We believe that using this Internet- through which quarantined areas can be consider all fruit flies species of the removed from regulation expeditiously. and notice-based approach will allow us Family Tephritidae to be pests, only that to update and maintain the descriptions These actions eliminate duplication and the treatment has been shown to be enhance the flexibility of our regulatory of quarantined areas under the effective against those species and has consolidated fruit fly regulations with a been approved for use. 1 To view the proposed rule and the comments we received, go to http://www.regulations.gov/ Finally, the commenter suggested we 2 See 72 FR 51975–51099. Docket No. APHIS– fdmspublic/component/main?main=DocketDetail combine the three soil treatments 2006–0143, published September 12, 2007, and &d=APHIS=2007-0084. mentioned in § 301.32–10, paragraph effective on November 1, 2007.

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES 32432 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations

greater degree of timeliness and areas can be removed from regulation determined that this action will not efficiency than would be possible under expeditiously and by expanding the have a significant economic impact on the older approach. Our criteria for availability of irradiation as a a substantial number of small entities. designating and releasing quarantined phytosanitary treatment. Executive Order 12372 areas will remain the same as was The consolidation of the 66 sections described in the proposed rule; the to 11 sections under the new ‘‘Subpart— This program/activity is listed in the difference will be in where the list of Fruit Flies’’ allows us to eliminate the Catalog of Federal Domestic Assistance quarantined areas is maintained and duplicative regulatory text. This change under No. 10.025 and is subject to how changes to the list will be is an administrative one without any Executive Order 12372, which requires communicated. Because we will not be direct economic effect on any entity. intergovernmental consultation with publishing descriptions of quarantined The second change offers irradiation State and local officials. (See 7 CFR part areas in the regulations, we will be able as one more treatment option for articles 3015, subpart V.) to update them more quickly if a fruit regulated because of Oriental, , fly population subject to the regulations West Indian, or Sapote fruit flies. There Executive Order 12988 is detected, thus allowing us to take are no areas currently quarantined This final rule has been reviewed prompt action to prevent the spread of because of any of these fruit fly species. under Executive Order 12988, Civil the fruit fly population and provide If there were, the irradiation treatment Justice Reform. This rule: (1) Preempts necessary information to affected parties option may benefit affected entities by all State and local laws and regulations in a timely manner. Accordingly, the providing them with an alternative that are inconsistent with this rule; (2) quarantined areas that appeared in the means of treating regulated articles. We has no retroactive effect; and (3) does proposed regulations, as well as do not know how costs of irradiation not require administrative proceedings quarantined areas that have been added treatment may compare to the costs of before parties may file suit in court since the publication of the proposed other treatments, but at least, entities challenging this rule. rule, will no longer appear in the now have a broader choice of options. regulations, but can be found at the PPQ The third change affects the interstate Paperwork Reduction Act Web site, as mentioned above. We movement of regulated articles directly This final rule contains no new believe our description of the criteria by by allowing producers of those information collection or recordkeeping which quarantined areas will be commodities in an area that has been requirements under the Paperwork designated and how the quarantined under quarantine to more quickly Reduction Act of 1995 (44 U.S.C. 3501 area will be determined will provide resume moving articles without first et seq.). adequate notice regarding the criteria by having to obtain a certificate or limited which we will make changes to the permit. Entities that may benefit from List of Subjects quarantined area. this change include fresh fruit 7 CFR Part 301 Finally, in an interim rule published producers, nurserymen and tree and effective on December 7, 2007 (72 growers, and transportation entities Agricultural commodities, Plant FR 69137–69139, Docket No. APHIS– such as long distance general freight diseases and pests, Quarantine, 2007–0133), we added blueberries trucking with storage, scheduled freight Reporting and recordkeeping (Vaccinium spp.) as a regulated article air transportation companies, and/or requirements, Transportation. for Mediterranean fruit fly. We have short line railroad transportation 7 CFR Part 305 updated § 301.32–2(a) in this final rule companies. to reflect that addition. There are no significant alternatives to Irradiation, Phytosanitary treatment, Therefore, for the reasons given in the these actions; however, we do not Plant diseases and pests, Quarantine, proposed rule and in this document, we anticipate that the economic effects of Reporting and recordkeeping are adopting the proposed rule as a final these actions will be significant. Any requirements. rule, with the changes discussed in this impacts on small entities would be I Accordingly, we are amending 7 CFR document. attributable to the availability and the parts 301 and 305 as follows: cost of irradiation as a treatment against Executive Order 12866 and Regulatory all regulated fruit flies and to our ability PART 301—DOMESTIC QUARANTINE Flexibility Act to relieve quarantine-related restrictions NOTICES This final rule has been reviewed on the interstate movement of regulated I 1. The authority citation for part 301 under Executive Order 12866. The rule articles more quickly. The overall continues to read as follows: has been determined to be not economic effects of these changes are significant for the purposes of Executive expected to be positive, if minimal. We Authority: 7 U.S.C. 7701–7772 and 7781– Order 12866 and, therefore, has not cannot estimate how many entities will 7786; 7 CFR 2.22, 2.80, and 371.3. been reviewed by the Office of be affected or what percentage of these Section 301.75–15 issued under Sec. 204, Title II, Public Law 106–113, 113 Stat. Management and Budget. entities will be small entities; those 1501A–293; sections 301.75–15 and 301.75– We are combining the regulations numbers depend entirely on the number 16 issued under Sec. 203, Title II, Public Law regarding exotic fruit flies. These and size of entities that might be present 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). regulations, located in 7 CFR part 301, in a quarantined area at the time these have been divided into separate provisions become effective or at any I 2. In part 301, a new ‘‘Subpart—Fruit subparts, each covering a different time thereafter. While the number of Flies’’ (§§ 301.32 through 301.32–10) is species of fruit fly and each containing entities affected may eventually prove to added to read as follows: parallel sections that are substantially be a large number of entities, most of Subpart—Fruit Flies similar to the corresponding sections in which are likely to be small entities, the Sec. other subparts. This rule combines these economic effects on those entities, while 301.32 Restrictions on interstate movement sections into one subpart that will cover positive, would not be significant. of regulated articles. all fruit fly species. We are also Under these circumstances, the 301.32–1 Definitions. modifying the regulations by adding a Administrator of the Animal and Plant 301.32–2 Regulated articles. mechanism through which quarantined Health Inspection Service has 301.32–3 Quarantined areas.

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations 32433

301.32–4 Conditions governing the good sanitation practices including Melon fruit fly. The insect known as interstate movement of regulated articles destruction of culls, type of packaging, the melon fruit fly, Bactrocera from quarantined areas. identification of grower or packinghouse cucurbitae (Coquillett), in any stage of 301.32–5 Issuance and cancellation of on the packaging, and documents development. certificates and limited permits. consigning the shipment to a wholesaler 301.32–6 Compliance agreements and Mexican fruit fly. The insect known as cancellation. or retailer. Mexican fruit fly, Anastrepha ludens 301.32–7 Assembly and inspection of Compliance agreement. A written (Loew), in any stage of development. regulated articles. agreement between APHIS and a person Move (moved, movement). Shipped, 301.32–8 Attachment and disposition of engaged in growing, handling, or offered to a common carrier for certificates and limited permits. moving regulated articles, wherein the shipment, received for transportation or 301.32–9 Costs and charges. person agrees to comply with this transported by a common carrier, or 301.32–10 Treatments. subpart. carried, transported, moved, or allowed Core area. The area within a circle to be moved. Subpart—Fruit Flies surrounding each site where fruit flies 1 Oriental fruit fly. The insect known as § 301.32 Restrictions on interstate have been detected using a ⁄2-mile radius with the detection site as a center Oriental fruit fly, Bactrocera dorsalis movement of regulated articles. (Hendel), in any stage of development. (a) No person may move interstate point. Day degrees. A unit of measurement Peach fruit fly. The insect known as from any quarantined area any regulated used to measure the amount of heat peach fruit fly, Anastrepha zonata article except in accordance with this (Saunders), in any stage of development. 1 required to further the development of subpart. Person. Any individual, partnership, (b) Section 414 of the Plant Protection fruit flies through their life cycle. Day- degree life cycle requirements are corporation, association, joint venture, Act (7 U.S.C. 7714) provides that the or other legal entity. Secretary of Agriculture may, under calculated through a modeling process Plant Protection and Quarantine. The certain conditions, hold, seize, specific for each species of fruit fly. Departmental permit. A document organizational unit within the Animal quarantine, treat, apply other remedial issued by the Administrator in which he and Plant Health Inspection Service that measures to, destroy, or otherwise or she affirms that interstate movement has been delegated responsibility for dispose of any plant, plant pest, plant of the regulated article identified on the enforcing provisions of the Plant product, article, or means of conveyance document is for scientific or Protection Act and related legislation, that is moving, or has moved into or experimental purposes and that the quarantines, and regulations. through the United States or interstate if regulated article is eligible for interstate the Secretary has reason to believe the Quarantined area. Any State, or any movement in accordance with § 301.32– article is a plant pest or is infested with portion of a State, designated as a 4(c). a plant pest at the time of movement. quarantined area in accordance with Dripline. The line around the canopy § 301.32–3. § 301.32–1 Definitions. of a plant. Regulated article. Any article listed in Administrator. The Administrator, Fruit fly (fruit flies). The melon fruit § 301.32–2 or otherwise designated as a Animal and Plant Health Inspection fly, Mexican fruit fly, Mediterranean regulated article in accordance with Service, or any person authorized to act fruit fly, Oriental fruit fly, peach fruit § 301.32–2(d). fly, sapote fruit fly, or West Indian fruit for the Administrator. Sapote fruit fly. The insect known as fly, or other species of insects found in Animal and Plant Health Inspection the sapote fruit fly, Anastrepha Service. The Animal and Plant Health the family Tephritidae, collectively. Infestation. The presence of fruit flies serpentina, in any stage of development. Inspection Service (APHIS) of the State. Any of the several States of the United States Department of or the existence of circumstances that makes it reasonable to believe that fruit United States, the Commonwealth of the Agriculture. Northern Mariana Islands, the Certificate. A document in which an flies are present. Inspector. Any employee of APHIS or Commonwealth of Puerto Rico, the inspector or person operating under a other person authorized by the District of Columbia, Guam, the Virgin compliance agreement affirms that a Administrator to enforce this subpart. Islands of the United States, or any specified regulated article is free of fruit Interstate. From any State into or other territory or possession of the flies and may be moved interstate to any through any other State. United States. destination. Limited permit. A document in which West Indian fruit fly. The insect Commercially produced. Fruits and an inspector or person operating under known as the West Indian fruit fly, vegetables that an inspector identifies as a compliance agreement affirms that the Anastrepha obliqua (Macquart), in any having been produced for sale and regulated article identified on the stage of development. distribution in mass markets. Such document is eligible for interstate identification will be based on a variety movement in accordance with § 301.32– § 301.32–2 Regulated articles. of indicators, including, but not limited 5(b) only to a specified destination and (a) In the following table, the berry, to: Quantity of produce, monocultural only in accordance with specified fruit, nut, or vegetable listed in each row practices, pest management programs, conditions. in the left column is a regulated article Mediterranean fruit fly. The insect for each of the fruit fly species listed in 1 Permit and other requirements for the interstate movement of any of the fruit flies regulated under known as Mediterranean fruit fly, that row in the right column, unless the this subpart are contained in part 330 of this Ceratitis capitata (Wiedemann), in any article is canned, dried, or frozen below chapter. stage of development. ¥17.8 °C (0 °F):

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES 32434 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations

Botanical name Common name(s) Fruit fly

Abelmoschus esculentus = Hibiscus esculentus Okra ...... Melon, Peach. Acca sellowiana = Feijoa sellowiana ...... Pineapple guava ...... Mediterranean, 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, Annona ...... Melon, Mexican, Oriental, Peach. Annona squamosa ...... Custard apple ...... Peach. Artocarpus altilis ...... Breadfruit ...... Oriental. Artocarpus heterophyllus ...... Jackfruit ...... Oriental. Averrhoa carambola ...... Carambola, Country gooseberry ...... Oriental, West Indian. Benincasa hispida ...... Melon, Chinese ...... Melon. Brassica juncea ...... Mustard, leaf ...... Melon. Brassica oleracea var. botrytis ...... Cauliflower ...... Melon. Brosimum alicastrum ...... Ramo´n ...... West Indian. Byrsonima crassifolia ...... Nance ...... Sapote. Calophyllum inophyllum ...... Alexandrian-laurel, Laurel ...... Oriental. Cananga odorata ...... Ylang-Ylang ...... Oriental. Capsicum annum ...... Pepper, chili ...... Mediterranean, Melon, Oriental. Capsicum frutescens ...... Pepper, tabasco ...... Mediterranean, Melon. Capsicum frutescens abbreviatum ...... Oriental bush red pepper ...... Oriental. 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 greggii ...... Sargentia, yellow chapote ...... Mexican. Casimiroa spp ...... Sapote ...... Mexican. Cereus coerulescens ...... Cactus ...... Oriental. Chrysophyllum cainito ...... Star apple ...... Oriental, Sapote. Chrysophyllum oliviforme ...... Caimitillo ...... Oriental. Citrofortunella japonica ...... Orange, calamondin ...... Peach. colocynthis ...... Colocynth ...... Melon. Citrullus lanatus = Citrullus vulgaris ...... ...... Melon, Peach. 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 = xCitrofortunella mitis ...... Orange, Panama ...... Sapote. Citrus maxima = Citrus grandis ...... Pummelo or Shaddock ...... Mediterranean, Mexican, Oriental, Peach. Citrus medica ...... Citrus citron ...... Mediterranean, Mexican, Peach. Citrus paradisi ...... Grapefruit ...... Mediterranean, Melon, Mexican, Oriental, Peach. Citrus reticulata ...... Mandarin orange, tangerine ...... Mediterranean, Mexican, Oriental, Peach. Citrus reticulata var. Unshu ...... Orange, Unshu ...... Mediterranean, Oriental. Citrus reticulata x C. sinensis = Citrus nobilis ... Orange, king ...... Mediterranean, 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. melo and var. ...... Melon, Peach. Cantalupensis. Cucumis melo var. conomon ...... Melon, oriental pickling ...... Melon. Cucumis pubescens and Cucumis trigonus ...... Cucurbit ...... Melon. Cucumis sativus ...... ...... 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.

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations 32435

Botanical name Common name(s) Fruit fly

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; New Guinea quandong ...... Peach. Elaeocarpus grandiflorus ...... Lily of the valley tree ...... Peach. Elaeocarpus madopetalus ...... Ma-kok-nam ...... Peach. Eriobotrya japonica ...... Loquat ...... Mediterranean, Oriental, Peach, West Indian. Eugenia brasiliensis = E. dombeyi ...... Brazil-cherry, grumichama ...... Mediterranean, 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, Kumquat ...... Mediterranean, Oriental, Peach. Garcinia celebica ...... Gourka ...... Oriental. Garcinia mangostana ...... Mangosteen ...... Oriental. Grewia asiatica ...... Phalsa ...... Peach. Jubaea chilensis = Jubaea spectabilis ...... Syrup palm ...... Oriental. Juglans hindsii ...... Walnut ...... Oriental. Juglans regia ...... Walnut, English ...... Oriental. Juglans spp ...... Walnut with husk ...... Mediterranean. Lablab purpureus subsp. purpureus = Dolichos Bean, hyacinth ...... Melon. lablab. Lagenaria spp ...... Gourds ...... Melon, Peach. Luffa acutangula ...... Gourd, ribbed or ridged, luffa ...... Peach. Luffa aegyptiaca ...... Gourd, smooth luffa, sponge ...... Peach. 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 latifolia ...... Mahua, mowra-buttertree ...... Peach. 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. emarginata ...... Sapodilla, wild ...... Peach. Manilkara zapota ...... Sapodilla, chiku ...... Oriental, Peach, Sapote, West Indian. Mimusops elengi ...... Spanish cherry ...... Mediterranean, Oriental. Momordica balsamina ...... Balsam apple, hawthorn ...... Peach. ...... Balsam pear, bitter melon ...... Peach. 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 paradisiaca subsp. Banana ...... Oriental. sapientum. Musa acuminata = Musa nana ...... Banana, dwarf ...... Oriental. Ochrosia elliptica ...... Orange, bourbon ...... Peach. Olea europea ...... Olive ...... Mediterranean. Opuntia ficus-indica = Opuntia megacantha ..... Prickly pear ...... Oriental. Opuntia spp ...... Opuntia cactus ...... Mediterranean. Passiflora edulis ...... Passionflower, passionfruit, yellow lilikoi ...... Melon, Oriental, West Indian. Passiflora laurifolia ...... Lemon, water ...... Melon. Passiflora ligularis ...... Granadilla, sweet ...... Oriental. Passiflora quadrangularis ...... Granadilla, giant ...... West Indian. Passiflora tripartita var. mollissima ...... Passionflower, softleaf ...... Oriental. Persea americana ...... Avocado ...... Mediterranean, Melon, Mexican, Oriental, Peach, Sapote. Phaseolus lunatus = Phaseolus limensis ...... Bean, lima ...... Melon. Phaseolus vulgaris ...... Bean, mung ...... Melon. Phoenix dactylifera ...... Date palm ...... Mediterranean, Melon, Oriental, Peach. Planchonia careya = Careya arborea ...... Patana oak, kumbhi ...... Peach. Pouteria caimito ...... Abiu ...... Sapote. Pouteria campechiana ...... Eggfruit tree ...... Oriental, Sapote.

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES 32436 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations

Botanical name Common name(s) Fruit fly

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 cerasifera ...... Methley plum ...... Peach. Psidium cattleianum ...... Strawberry guava, Cattley guava ...... Mediterranean, Melon, Oriental. Psidium cattleianum var. cattleianum f. lucidum Yellow strawberry guava ...... Peach. Psidium cattleianum var. littorale ...... Red strawberry guava ...... Oriental, West 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 tree ...... Melon. Sicyes sp ...... Cucumber, bur ...... Melon. Solanum aculeatissimum ...... Nightshade ...... Peach. Solanum mauritianum = S. auriculatum ...... Tobacco, wild ...... Peach. Solanum melongena ...... Eggplant ...... Mediterranean,6 Melon, Peach. Solanum muricatum ...... Pepino ...... Oriental, Peach. Solanum pseudocapsicum ...... Jerusalem cherry ...... Oriental, Peach. Solanum seaforthianum ...... Nightshade, Brazilian ...... Peach. Solanum verbascifolium ...... Nightshade, Mullein ...... Peach. Spondias dulcis = Spondias cytherea ...... Otaheite apple, Jew plum ...... Oriental, West Indian. Spondias mombin ...... Hog-plum ...... Sapote, West Indian. Spondias purpurea ...... Red mombin ...... Sapote, West Indian. Spondias spp ...... Spanish plum, purple mombin or Ciruela ...... Mexican. Spondias tuberose ...... Imbu ...... Oriental. Syzygium aquem ...... Water apple, watery roseapple ...... Peach. Syzygium cumini ...... Java plum, jambolana ...... Peach. Syzygium jambos = Eugenia jambos ...... Rose apple...... Mediterranean, Mexican, Oriental, Peach, West Indian. Syzygium malaccense = Eugenia malaccensis Mountain apple, Malay apple ...... Mediterranean, Peach, West Indian. Syzygium samarangense ...... Java apple ...... Peach. Terminalia bellirica ...... Myrobalan, belleric ...... Peach. Terminalia catappa ...... Tropical almond ...... Oriental, Peach. Terminalia chebula ...... Myrobalan, black or chebulic ...... Mediterranean, 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, jujube ...... Peach. 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 Colocynth () Gherkin, West India (Cucumis angaria) the family Curcurbitaceae are regulated Cucumber (Cucumis sativus) Gourds (Coccinia, Cresentia, Lagenaria, articles for the melon fruit fly only: Cucumber, bur (Sicyes spp.) Luffa, Momordica, and Trichosanthis Cucurbit (Cucumis pubescens and C. spp.) Cantaloupe (Cucumis melo) trigonus) Chayote (Sechium edule) Cucurbit, wild (Cucumis trigonus) Gourd, angled luffa (Luffa acutangula)

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations 32437

Gourd, balsam apple (Momordica (b) Designation of an area less than an (3) The regulated article is moved balsaminia) entire State as a quarantined area. Less through the quarantined area without Gourd, ivy (Coccinia grandis) than an entire State will be designated stopping except for refueling or for Gourd, kakari (Momordica dioica) as a quarantined area only if the traffic conditions, such as traffic lights Gourd, serpent cucumber (Trichosanthis Administrator determines that: or stop signs. anguina) (1) The State has adopted and is (c) Without a certificate or limited Gourd, snake (Trichosanthis enforcing restrictions on the intrastate permit if the regulated article is moved: cucumeroides) movement of the regulated articles that (1) By the United States Department Gourd, sponge (Luffa aegyptiaca) are equivalent to those imposed by this of Agriculture for experimental or Gourd, white flowered (Lagenaria subpart on the interstate movement of scientific purposes; siceraria) regulated articles; and (2) Pursuant to a permit issued by the Melon, Chinese (Benincasa hispida) (2) The designation of less than the Administrator for the regulated article; Melon, long (Cucumis utilissimus) entire State as a quarantined area will (3) Under conditions specified on the Pumpkin (Cucurbita pepo) prevent the interstate spread of the fruit permit and found by the Administrator Pumpkin, Canada (Cucurbita moschata) to be adequate to prevent the spread of Squash (Cucurbita maxima) fly. (c) Criteria for designation of a State, fruit flies; and Watermelon (Citrullus lanatus = (4) With a tag or label bearing the or a portion of a State, as a quarantined Citrullus vulgaris) number of the permit issued for the area. A State, or a portion of a State, (c) Soil within the dripline of the regulated article attached to the outside will be designated as a quarantined area plants listed in paragraph (b) of this of the container of the regulated article when a fruit fly population has been section or plants that are producing or or attached to the regulated article itself found in that area by an inspector, when have produced any article listed in if not in a container. the Administrator has reason to believe paragraph (a) of this section. that the fruit fly is present in that area, (Approved by the Office of Management and (d) Any other product, article, or or when the Administrator considers it Budget under control number 0579–0088) means of conveyance not listed in necessary to quarantine that area paragraphs (a), (b), or (c) of this section because of its inseparability for § 301.32–5 Issuance and cancellation of that an inspector determines presents a certificates and limited permits. quarantine enforcement purposes from risk of spreading fruit flies, when the localities in which the fruit fly has been (a) A certificate may be issued by an inspector notifies the person in 3 found. inspector for the interstate movement possession of the product, article, or (d) Removal of a State, or a portion of of a regulated article if the inspector means of conveyance that it is subject to a State, from quarantine. A State, or a determines that: the restrictions of this subpart. (1)(i) The regulated article has been portion of a State, will be removed from treated under the direction of an § 301.32–3 Quarantined areas. quarantine when the Administrator inspector in accordance with § 301.32– determines that sufficient time has (a) Designation of quarantined areas. 10; or In accordance with the criteria listed in passed without finding additional flies (ii) Based on inspection of the paragraph (c) of this section, the or other evidence of infestation in the premises of origin, the premises are free Administrator will designate as a area to conclude that the fruit fly no from fruit flies; or quarantined area each State, or each longer exists in that area. (iii) Based on inspection of the portion of a State, in which a fruit fly § 301.32–4 Conditions governing the regulated article, the regulated article is population subject to the regulations in interstate movement of regulated articles free of fruit flies; and this subpart has been found by an from quarantined areas. (2) The regulated article will be inspector, or in which the Administrator Any regulated article may be moved moved through the quarantined area in an enclosed vehicle or will be has reason to believe that a fruit fly interstate from a quarantined area 2 only completely enclosed by a covering population is present, or that the if moved under the following adequate to prevent access by fruit flies; Administrator considers necessary to conditions: quarantine because of its inseparability and (a) With a certificate or limited permit (3) The regulated article is to be for quarantine enforcement purposes issued and attached in accordance with from localities in which a fruit fly moved in compliance with any §§ 301.32–5 and 301.32–8; additional emergency conditions the population has been found. The (b) Without a certificate or limited Administrator will publish the Administrator may impose under permit if: section 414 of the Plant Protection Act description of the quarantined area on (1) The regulated article originated the Plant Protection and Quarantine (7 U.S.C. 7714) to prevent the spread of outside the quarantined area and is fruit flies; and Web site, http://www.aphis.usda.gov/ either moved in an enclosed vehicle or plant_health/plant_pest_info/fruit_flies/ (4) The regulated article is eligible for is completely enclosed by a covering unrestricted movement under all other index.shtml. The description of the adequate to prevent access by fruit flies quarantined area will include the date Federal domestic plant quarantines and (such as canvas, plastic, or other closely regulations applicable to the regulated the description was last updated and a woven cloth) while moving through the description of the changes that have article. quarantined area; and 4 been made to the quarantined area. The (b) An inspector will issue a limited (2) The point of origin of the regulated permit for the interstate movement of a description of the quarantined area may article is indicated on the waybill, and also be obtained by request from any regulated article if the inspector the enclosed vehicle or the enclosure determines that: local office of PPQ; local offices are that contains the regulated article is not listed in telephone directories. After a (1) The regulated article is to be opened, unpacked, or unloaded in the moved interstate to a specified change is made to the quarantined area, quarantined area; and we will publish a notice in the Federal 3 Services of an inspector may be requested by Register informing the public that the 2 Requirements under all other applicable Federal contacting local PPQ offices, which are listed in change has occurred and describing the domestic plant quarantines and regulations must telephone directories. change to the quarantined area. also be met. 4 See footnote 3.

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES 32438 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations

destination for specified handling, (Approved by the Office of Management and § 301.32–8 Attachment and disposition of processing, or utilization (the Budget under control number 0579–0088) certificates and limited permits. destination and other conditions to be (a) A certificate or limited permit listed in the limited permit), and this § 301.32–6 Compliance agreements and required for the interstate movement of interstate movement will not result in cancellation. a regulated article must, at all times the spread of fruit flies because life (a) Any person engaged in growing, during the interstate movement, be: stages of the fruit flies will be destroyed handling, or moving regulated articles (1) Attached to the outside of the by the specified handling, processing, or may enter into a compliance agreement container containing the regulated utilization; when an inspector determines that the article; or (2) The regulated article is to be person is aware of this subpart, agrees (2) Attached to the regulated article moved in compliance with any to comply with its provisions, and itself if not in a container; or additional emergency conditions the agrees to comply with all the provisions (3) Attached to the consignee’s copy Administrator may impose under contained in the compliance of the accompanying waybill: Provided, section 414 of the Plant Protection Act agreement. 5 however, that if the certificate or limited (7 U.S.C. 7714) to prevent the spread of (b) Any compliance agreement may be permit is attached to the consignee’s fruit flies; and canceled, either orally or in writing, by copy of the waybill, the regulated article (3) The regulated article is eligible for must be sufficiently described on the interstate movement under all other an inspector whenever the inspector finds that the person who has entered certificate or limited permit and on the Federal domestic plant quarantines and waybill to identify the regulated article. regulations applicable to the regulated into the compliance agreement has failed to comply with any of the (b) The certificate or limited permit article. for the interstate movement of a (c) Certificates and limited permits for conditions of this subpart or with any of the provisions of the compliance regulated article must be furnished by the interstate movement of regulated the carrier to the consignee listed on the articles may be issued by an inspector agreement. If the cancellation is oral, the cancellation and the reasons for the certificate or limited permit upon arrival or person operating under a compliance at the location provided on the agreement. A person operating under a cancellation will be confirmed in certificate or limited permit. compliance agreement may issue a writing as promptly as circumstances certificate for the interstate movement of allow. Any person whose compliance (Approved by the Office of Management and a regulated article if an inspector has agreement has been canceled may Budget under control number 0579–0088) determined that the regulated article is appeal the decision, in writing, within eligible for a certificate in accordance 10 days after receiving written § 301.32–9 Costs and charges. with paragraph (a) of this section. A notification of the cancellation. The The services of the inspector during person operating under a compliance appeal must state all of the facts and normal business hours (8 a.m. to 4:30 agreement may issue a limited permit reasons upon which the person relies to p.m., Monday through Friday, except for interstate movement of a regulated show that the compliance agreement holidays) will be furnished without article when an inspector has was wrongfully canceled. As promptly cost. The user will be responsible for all determined that the regulated article is as circumstances allow, the costs and charges arising from eligible for a limited permit in Administrator will grant or deny the inspection and other services provided accordance with paragraph (b) of this appeal, in writing, stating the reasons outside normal business hours. section. for the decision. A hearing will be held (d) Any certificate or limited permit to resolve any conflict as to any material § 301.32–10 Treatments. that has been issued may be withdrawn, fact. Rules of practice concerning a Treatment schedules listed in part 305 either orally or in writing, by an hearing will be adopted by the of this chapter to destroy fruit flies are inspector if he or she determines that Administrator. authorized for use on regulated articles. the holder of the certificate or limited The following treatments also may be permit has not complied with all § 301.32–7 Assembly and inspection of used for the regulated articles indicated: regulated articles. conditions in this subpart for the use of (a) Soil within the dripline of plants the certificate or limited permit. If the (a) Any person, other than a person that are producing or have produced withdrawal is oral, the withdrawal and authorized to issue certificates or regulated articles listed § 301.32(a) or the reasons for the withdrawal will be limited permits under § 301.32–5(c), (b). The following soil treatments may confirmed in writing as promptly as who desires to move a regulated article be used: Apply diazinon at the rate of circumstances allow. Any person whose interstate accompanied by a certificate 5 pounds active ingredient per acre to certificate or limited permit has been or limited permit must notify an the soil within the dripline with withdrawn may appeal the decision in inspector 6 as far in advance of the sufficient water to wet the soil to at least writing to the Administrator within 10 desired interstate movement as possible, a depth of 0.5 inch. Both immersion and days after receiving the written but no less than 48 hours before the pour-on treatment procedures are also notification of the withdrawal. The desired interstate movement. acceptable. appeal must state all of the facts and (b) The regulated article must be (b) Premises. Fields, groves, or areas reasons upon which the person relies to assembled at the place and in the that are located within a quarantined show that the certificate or limited manner the inspector designates as area but outside the infested core area permit was wrongfully withdrawn. As necessary to comply with this subpart. and that produce regulated articles may promptly as circumstances allow, the receive regular treatments with either Administrator will grant or deny the 5 Compliance agreement forms are available malathion or spinosad bait spray as an appeal, in writing, stating the reasons without charge from the Animal and Plant Health alternative to treating fruits and for the decision. A hearing will be held Inspection Service, Plant Protection and vegetables as provided in part 305 of to resolve any conflict as to any material Quarantine, Emergency and Domestic Programs, this chapter. These treatments must take 4700 River Road Unit 134, Riverdale, MD 20737– fact. Rules of practice concerning a 1236, and from local PPQ offices, which are listed place at 6- to 10-day intervals, starting hearing will be adopted by the in telephone directories. a sufficient time before harvest (but not Administrator. 6 See footnote 3 to § 301.32–5(a). less than 30 days before harvest) to

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations 32439

allow for development of fruit fly egg Subpart—Mediterranean Fruit Fly PART 305—PHYTOSANITARY and larvae. Determination of the time [Removed] TREATMENTS period must be based on the day degrees I model for the specific fruit fly. Once 4. Subpart—Mediterranean Fruit Fly, I 9. The authority citation for part 305 consisting of §§ 301.78 through 301.78– treatment has begun, it must continue continues to read as follows: through the harvest period. The 10, is removed. Authority: 7 U.S.C. 7701–7772 and 7781– malathion bait spray treatment must be Subpart—Oriental Fruit Fly [Removed] 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, applied by aircraft or ground equipment 2.80, and 371.3. at a rate of 2.4 oz of technical grade I 5. Subpart—Oriental Fruit Fly, malathion and 9.6 oz of protein consisting of §§ 301.93 through 301.93– I 10. In § 305.2, the table in paragraph hydrolysate per acre. The spinosad bait 10, is removed. (h)(2)(ii) is amended by removing, in the spray treatment must be applied by Subpart—Melon Fruit Fly [Removed] entry for ‘‘Areas in the United States aircraft or ground equipment at a rate of under Federal quarantine for the listed 0.01 oz of a USDA-approved spinosad I 6. Subpart—Melon Fruit Fly, pest’’, the entries for ‘‘Any fruit listed in formulation and 48 oz of protein consisting of §§ 301.97 through 301.97– § 301.64–2(a) of this chapter’’ and ‘‘Any hydrolysate per acre. For ground 10, is removed. article listed in § 301.78–2(a) of this applications, the mixture may be chapter’’ and adding a new entry in diluted with water to improve coverage. Subpart—West Indian Fruit Fly their place to read as set forth below. [Removed] Subpart—Mexican Fruit Fly Quarantine § 305.2 Approved treatments. and Regulations [Removed] I 7. Subpart—West Indian Fruit Fly, consisting of §§ 301.98 through 301.98– * * * * * 10, is removed. (h) * * * I 3. Subpart—Mexican Fruit Fly (2) * * * Quarantine and Regulations, consisting Subpart—Sapote Fruit Fly [Removed] of §§ 301.64 through 301.64–10, is (ii) * * * removed. I 8. Subpart—Sapote Fruit Fly, consisting of §§ 301.99 through 301.99– 10, is removed.

Treatment Location Commodity Pest schedule

Areas in the United States under Federal ...... IR. quarantine for the listed pest.

******* Any fruit or article listed in § 301.32–2(a) All fruit fly species of the Family of this chapter. Tephritidae.

*******

* * * * * I e. In paragraph (a)(3), by removing the § 305.34 [Amended] citation ‘‘§ 301.64–6’’ and adding the I § 305.32 [Amended] citation ‘‘§ 301.32–6’’ in its place. 13. Section 305.34 is amended by redesignating footnotes 15 through 19 as I I 11. Section 305.32 is amended as f. In paragraph (d), by removing the footnotes 10 through 14, respectively. follows: words ‘‘Mexican fruit fly’’ and adding Done in Washington, DC, this 3rd day of I a. In the section heading, by removing the words ‘‘the fruit fly of concern’’ in June 2008. the words ‘‘Mexican fruit fly’’ and their place. adding the words ‘‘fruit flies’’ in their I g. In paragraph (e)(2), by removing the Kevin Shea, place. words ‘‘Mexican fruit fly’’ and adding Acting Administrator, Animal and Plant Health Inspection Service. I b. In the introductory text, by the words ‘‘the fruit fly of concern’’ in removing the word ‘‘fruit’’ and adding their place. [FR Doc. E8–12858 Filed 6–6–08; 8:45 am] the words ‘‘berry, fruit, nut, or I h. In paragraph (i), by removing the BILLING CODE 3410–34–P vegetable’’ in its place, and by removing words ‘‘Mexican fruit fly’’ and adding the citation ‘‘§ 301.64–2(a)’’ and adding the words ‘‘fruit flies’’ in their place, the citation ‘‘§ 301.32–2(a)’’ in its place. and by adding the words ‘‘and I c. In paragraph (a)(1), by removing the vegetables’’ after the word ‘‘fruits’’. words ‘‘Mexican fruit fly’’ and adding I i. In the OMB control number citation the words ‘‘the fruit fly of concern’’ in at the end of the section, by removing their place, and by removing the words the control number ‘‘0579–0215’’ and ‘‘the fruit’’ and adding the words ‘‘the adding the control number ‘‘0579–0088’’ regulated articles’’ in their place. in its place. I d. In paragraph (a)(2), by removing the § 305.33 [Removed and reserved] words ‘‘fruit, except that fruit’’ and adding the words ‘‘regulated articles, I 12. Section 305.33 is removed and except that articles’’ in their place. reserved.

VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES