Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17289 

(d) When a laboratory test service is 

provided for AMS by a commercial or 

State government laboratory, the 

applicant will be assessed a fee which 

covers the costs to the Science and 

Technology program for the service 

provided. 

(e) When Science and Technology 

staff provides applied and 

developmental research and training 

activities for microbiological, physical, 

chemical, and biomolecular analyses on 

agricultural commodities the applicant 

will be charged a fee on a reimbursable 

cost to AMS basis. 

§ 91.38 Additional fees for appeal of 

analysis. 

(a) The applicant for appeal sample 

testing will be charged a fee at the 

hourly rate for laboratory service that 

appears in this paragraph. The new 

fiscal year for Science and Technology 

Programs commences on October 1 of 

each calendar year. The appeal rate for 

laboratory service is $93.00 per hour in 

fiscal year 2010, $96.00 per hour in 

fiscal year 2011, and $99.00 per hour in 

fiscal year 2012. 

(b) The appeal fee will not be waived 

for any reason if analytical testing was 

completed in addition to the original 

analysis. 

§ 91.39 Premium hourly fee rates for 

overtime and legal holiday service. 

(a) When analytical testing in a 

Science and Technology facility 

requires the services of laboratory 

personnel beyond their regularly 

assigned tour of duty on any day or on 

a day outside the established schedule, 

such services are considered as overtime 

work. When analytical testing in a 

Science and Technology facility 

requires the services of laboratory 

personnel on a Federal holiday or a day 

designated in lieu of such a holiday, 

such services are considered holiday 

work. Laboratory analyses initiated at 

the request of the applicant to be 

rendered on Federal holidays, and on an 

overtime basis will be charged fees at 

hourly rates for laboratory service that 

appear in this paragraph. The new fiscal 

year for Science and Technology 

Programs commences on October 1 of 

each calendar year. The laboratory 

analysis rate for overtime service is 

$93.00 per hour in fiscal year 2010, 

$96.00 per hour in fiscal year 2011, and 

$99.00 per hour in fiscal year 2012. The 

laboratory analysis rate for Federal 

holiday or designed holiday service is 

$108.00 per hour in fiscal year 2010, 

$111.00 per hour in fiscal year 2011, 

and $115.00 per hour in fiscal year 

2012. 

(b) Information on legal holidays or 

what constitutes overtime service at a 

particular Science and Technology 

laboratory is available from the 

Laboratory Director or facility manager. 

Dated: April 1, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–7739 Filed 4–5–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS-2008-0052] 

RIN 0579-AD07 

Citrus Seed Imports; Citrus Greening 

and Citrus Variegated Chlorosis 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations governing the importation of 

nursery stock to prohibit the 

importation of propagative seed of 

several Rutaceae (citrus family) genera 

from certain countries where citrus 

greening or citrus variegated chlorosis 

(CVC) is present. We are also requiring 

propagative seed of these genera 

imported from all other countries to be 

accompanied by a phytosanitary 

certificate with an additional 

declaration that neither citrus greening 

nor CVC are known to occur in the 

country where the seed was produced. 

Scientific evidence indicates that seed 

of certain genera of the family Rutaceae 

may be a pathway for the introduction 

of those diseases. This action is 

necessary in order to prevent the 

introduction or dissemination of citrus 

greening and CVC into or within the 

United States. 

DATES: This interim rule is effective 

April 6, 2010. We will consider all 

comments that we receive on or before 

June 7, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

fdmspublic/component/main?

main=DocketDetail&d=APHIS-2008- 

0052) to submit or view comments and 

to view supporting and related materials 

available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send a copy of your comment to 

Docket No. APHIS-2008-0052, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A-03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737-1238. Please state that your 

comment refers to Docket No. APHIS2008-0052. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690-2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFOMATION CONTACT: Dr. 

Arnold Tschanz, Senior Plant 

Pathologist, Plant Health Programs, 

PPQ, APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737-1231; (301) 734- 

0627. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319, 

‘‘Foreign Quarantine Notices,’’ prohibit 

or restrict the importation of certain 

plants and plant products to prevent the 

introduction or dissemination of plant 

pests and noxious weeds into the 

United States. The regulations in 

‘‘Subpart-Citrus Canker and Other Citrus 

Diseases’’ (§ 319.19) prohibit the 

importation into the United States of 

plants and plant parts, except fruit and 

seeds, of all genera, species, and 

varieties of the subfamilies 

Aurantioideae, Rutoideae, and 

Toddalioideae of the botanical family 

Rutaceae (citrus) in order to prevent the 

introduction of citrus canker 

(Xanthomonas citri subsp. citri) into 

areas of the United States. 

The regulations contained in 

‘‘Subpart-Nursery Stock, Plants, Roots, 

Bulbs, Seeds, and Other Plant Products,’’ 

§§ 319.37 through 319.37-14 (referred to 

below as the regulations), restrict, 

among other things, the importation of 

seeds for propagation. In this interim 

rule, we are amending the regulations to 

prohibit the importation of propagative 

seed of several Rutaceae genera from 

certain countries where citrus greening 

or citrus variegated chlorosis (CVC) is 

present. We are also requiring 

propagative seed of these genera 

imported from all other countries to be 

accompanied by a phytosanitary 

certificate with an additional 


sroberts on DSKD5P82C1PROD with RULES
17290 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 

1Source: Ayres, A. J. 2001. Citrus disease control 

in Brazil. China/Food and Agricultural 

Organization (FAO) Citrus Symposium, Beijing, 

People’s Republic of China. FAO Corporate 

Document repository, (http://www.fao.org/docrep/

003/X6732E/x6732e10.htm). 

2Source: Chung, K. R., and L. W. Timmer. 2005. 

Citrus diseases exotic to Florida: Sweet orange scab 

(SOS) (EDIS document PP-224). Institute of Food 

and Agricultural Sciences, University of Florida, 

Gainesville, FL, USA. 

3See, e.g., Halbert, Susan and Keremane L. 

Manjunath. Asian Citrus Psyllids (Sternorrhyncha: 

Psyllidae) and Greening Disease of Citrus: A 

Literature Review and Assessment of Risk in 

Florida. Found at (http://www.bioone.org/doi/pdf/ 

10.1653/0015-4040%282004%29087%5B0330%

3AACPSPA%5D2.0.CO%3B2). 

4Source: Li, W.B., W.D. Pria, Jr., P.M. Lacava, et 

al. Presence of Xylella fastidiosa in Sweet Orange 

Fruit and Seeds and Its Transmission to Seedlings. 

Phytopathology (Vol. 93, No. 8) 2003, 953-958. 

5To view these Federal Orders, go to (http:// 

www.aphis.usda.gov/plant_health/plant_pest_info/

citrus_greening/regs.shtml). APHIS is currently 

undertaking rulemaking to codify these Federal 

Orders. 

6We are also modifying the October 2009 Federal 

Order to consider seed of the genera Toddalia to be 

distinct from that of the genera Vepris. Emerging 

evidence suggests that the two genera sometimes 

have differing genetic histories. 

declaration that neither citrus greening 

nor CVC are known to occur in the 

country where the seed was produced. 

Finally, we are requiring propagative 

seed of genera that are hosts of citrus 

greening, but not of CVC, imported from 

a country in which CVC, but not citrus 

greening, is known to occur to be 

accompanied by a phytosanitary 

certificate with an additional 

declaration that citrus greening is not 

known to occur in the country where 

the seed was produced. 

Citrus greening, also known as 

Huanglongbing disease of citrus, is 

considered to be one of the most serious 

citrus diseases in the world. Citrus 

greening is a bacterial disease caused by 

strains of the bacterial pathogens 

‘‘Candidatus Liberibacter asiaticus’’, 

‘‘Candidatus Liberibacter africanus’’, 

and ‘‘Candidatus Liberibacter 

americanus’’ that attack the vascular 

system of host plants. The pathogens are 

phloem-limited, inhabiting the foodconducting tissue of the host plant, and 

causes yellow shoots, blotchy mottling 

and chlorosis, reduced foliage, and tip 

dieback of citrus plants. Citrus greening 

greatly reduces production, destroys the 

economic value of the fruit, and can kill 

trees. Once a tree is infected, there is no 

cure for citrus greening. In areas of the 

world where the disease is endemic, 

citrus trees decline and die within a few 

years and may never produce usable 

fruit. Citrus greening was first detected 

in the United States in Miami-Dade 

County, FL, in 2005, and is only known 

to be present in the United States in the 

States of Florida and Georgia, Puerto 

Rico, two parishes in Louisiana, and 

two counties in South Carolina. We 

discuss the actions that APHIS has 

taken to date in response to the presence 

of citrus greening in the United States 

later in this document. 

CVC is also a highly injurious disease 

of citrus. Caused by a strain of the 

bacterium Xylella fastidiosa, CVC 

causes severe chlorosis between veins 

on the leaves of affected plants. Leaves 

on affected plants frequently have 

discoloration of the upper leaf coupled 

with brown lesions underneath. CVC 

may reduce plant growth and lead to 

abnormal flowering and fruit 

production. CVC is currently not known 

to occur in the United States. 

The introduction of CVC into the 

United States could result in substantial 

economic losses. In 2000, the estimated 

damage caused by CVC in the State of 

Sa ̃o Paolo, Brazil, the site of the initial 

outbreak of CVC within the country and 

the State in which the disease is most 

prevalent, was approximately $129 

million (considering the loss of plants in 

terminal stages, decrease in production, 

and disease control costs).1 Since that 

time, CVC has continued to cause major 

losses to citrus production throughout 

Brazil; these losses have exceeded 

several million dollars per year.2

Emerging evidence suggests that 

propagative seed of genera that are hosts 

of citrus greening or CVC can transmit 

these diseases. First, when seedlings are 

generated from seed that is taken from 

plants infected with citrus greening, a 

small percentage of those seedlings have 

been found to be infected with citrus 

greening.3 Similarly, evidence has 

suggested that CVC may infect 

propagative seeds, and cause extensive 

damage to seed embryos. Moreover, 

seedlings grown from CVC-infected seed 

have been shown to transmit CVC 

experimentally.4 This is important 

because the use of seedlings as 

rootstocks is the standard industry 

practice for the production of citrus 

trees, and both disease organisms can be 

present in infected plants without any 

visible signs or symptoms for several 

months or years. Therefore, infected 

seedlings could go undetected and serve 

as potential pathways for the diseases 

for an extended time. 

The Animal and Plant Health 

Inspection Service (APHIS) of the U.S. 

Department of Agriculture (USDA) has 

undertaken measures to control the 

artificial spread of citrus greening 

within the United States since its 

introduction in 2005. The most recent of 

these are a January 2008 Federal 

Domestic Quarantine Order that 

quarantined the entire State of Florida 

for citrus greening, a June 2008 Federal 

Domestic Quarantine Order that 

designated Orleans Parish, LA, as a 

quarantined area, an October 2008 

Federal Domestic Quarantine Order that 

designated Washington Parish, LA, as a 

quarantined area, a July 2009 Federal 

Domestic Quarantine Order that 

designated the State of Georgia and 

Beaufort and Charleston Counties, SC, 

as quarantined areas, and a December 

2009 Federal Domestic Quarantine 

Order designating Puerto Rico as a 

quarantined area.5 Host articles, 

including propagative seed, produced 

within areas quarantined for citrus 

greening may only be moved interstate 

if destined for immediate export. 

APHIS has also taken actions to 

prevent the introduction or 

dissemination of citrus greening and 

CVC into or within the United States via 

the importation of propagative seed. On 

January 29, 2008, APHIS issued a 

Federal Import Quarantine Order that 

prohibited the importation of 

propagative seeds from certain genera in 

the family Rutaceae known to be hosts 

of citrus greening and/or CVC from 

countries in which one or both of these 

diseases are known to occur. The 

Federal Import Quarantine Order also 

required propagative seeds of known 

hosts of citrus greening and/or CVC 

from countries considered free of these 

diseases to be accompanied at the time 

of arrival at the first port of entry in the 

United States by an import permit and 

a phytosanitary certificate with an 

additional declaration that the country 

where the propagative seed was 

produced is free of citrus greening and 

CVC. 

On October 6, 2009, we updated the 

Federal Import Quarantine Order to 

prohibit the importation of seed of hosts 

of citrus greening from Belize, Cuba, the 

Dominican Republic, and Mexico, 

following the detection of citrus 

greening in those countries. This 

interim rule amends the regulations to 

reflect the action taken by APHIS via its 

Federal Import Quarantine Orders. In 

addition, based on the detection of 

citrus greening in Argentina and 

Jamaica after the October 6, 2009, 

Federal Import Quarantine Order was 

issued, we are prohibiting the 

importation of seed of host genera of 

citrus greening from those countries, as 

well.6

Nursery stock, plants, and other 

propagative plant material that can be 

inspected, treated, or handled to prevent 

them from spreading plant pests are 

designated in the regulations as 

restricted articles. Section 319.37-5 lists 

restricted articles that may be imported 

into the United States only if the 


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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17291 

phytosanitary certificate required by 

§ 319.37-4 of the regulations contains an 

additional declaration that the restricted 

articles are free of specified plant pests 

or have been produced in accordance 

with certain requirements. 

We are amending § 319.37-5 by 

adding a new paragraph (w) that 

specifies that seed of the genera 

Aeglopsis, Atalantia, Balsamocitrus, 

Bergera, Calodendrum, Citrofortunella, 

xCitroncirus, Citrus, Clausena, 

Fortunella, Limonia, Microcitrus, 

Murraya, Poncirus, Severinia, Swinglea, 

Toddalia, Triphasia, and Vepris from 

Argentina, Bangladesh, Belize, Bhutan, 

Brazil, Burundi, Cambodia, Cameroon, 

Central African Republic, China, 

Comoros, Cuba, the Dominican 

Republic, Ethiopia, Eritrea, India, 

Indonesia, Jamaica, Japan, Kenya, Laos, 

Madagascar, Malawi, Malaysia, 

Mauritius, Mexico, Myanmar, Nepal, 

Pakistan, Papua New Guinea, 

Philippines, Re ́union, Rwanda, Saint 

Helena, Saudi Arabia, Somalia, South 

Africa, Sri Lanka, Swaziland, Taiwan, 

Tanzania, Thailand, Timor-Leste, 

Vietnam, Yemen, and Zimbabwe is 

prohibited importation into the United 

States. The paragraph also states that, 

except for the countries listed in 

paragraph (x) of the section (discussed 

immediately below), seed of these 

genera from all other countries may be 

imported into the United States only if 

the phytosanitary certificate required by 

§ 319.37-4 contains an additional 

declaration that neither citrus greening 

nor CVC is known to occur in the 

country where the seed was produced. 

All the genera listed in the previous 

paragraph are known to be hosts of 

citrus greening, citrus greening is 

known to exist in all the listed 

countries, and both citrus greening and 

CVC are known to exist in Argentina 

and Brazil. Some citrus species have 

been shown to be hosts of CVC, and no 

citrus species has been determined to be 

immune to CVC. Accordingly, the 

available scientific evidence has led us 

to conclude that all Citrus species 

should also be considered hosts of CVC, 

which is why we have included the 

requirement for an additional 

declaration regarding CVC. 

Citrus greening is not known to exist 

in Costa Rica and Paraguay, but CVC is. 

Therefore, we are prohibiting the 

importation of seeds of hosts of CVC 

from those two countries into the 

United States; seeds that are hosts of 

citrus greening, but not of CVC, are not 

prohibited. However, as a risk 

mitigation measure and in order to 

establish consistency between our 

importation requirements for seed from 

these two countries and our 

requirements for other countries in 

which citrus greening is not known to 

occur, we are adding a new paragraph 

(x) to § 319.37-5 that states that seed of 

the genus Citrus from Costa Rica and 

Paraguay is prohibited importation into 

the United States, but that seed of the 

genera Aeglopsis, Atalantia, 

Balsamocitrus, Bergera, Calodendrum, 

Citrofortunella, xCitroncirus, Clausena, 

Fortunella, Limonia, Microcitrus, 

Murraya, Poncirus, Severinia, Swinglea, 

Toddalia, Triphasia, and Vepris from 

these two countries may be imported 

into the United States only if the 

phytosanitary certificate required by 

§ 319.37-4 contains an additional 

declaration that citrus greening is not 

known to occur in the country where 

the seed was produced. 

All seed of the family Rutaceae that is 

shipped to the United States from 

countries other than the countries listed 

earlier is a potential pathway for the 

introduction of citrus greening or CVC. 

Accordingly, we are also amending the 

table in § 319.37-2(a), which lists 

prohibited articles, or nursery stock, 

plants, and other propagative material 

that cannot feasibly be inspected, 

treated, or handled in a manner that 

assures us that the articles will not 

introduce plant pests new to or not 

known to be widely distributed in the 

United States. As amended, § 319.37- 

2(a) prohibits seed of Aeglopsis, 

Atalantia, Balsamocitrus, Bergera, 

Calodendrum, Citrofortunella, Citrus, 

xCitroncirus, Clausena, Fortunella, 

Limonia, Microcitrus, Murraya, 

Poncirus, Severinia, Swinglea, Toddalia, 

Triphasia, and Vepris spp. from all 

countries from being imported into the 

United States, unless it meets the 

conditions for importation in § 319.37- 

5(w) or (x). 

Section 319.37-6 lists treatment and 

other requirements under which seeds 

of certain genera and species may be 

imported into the United States from 

countries and localities in which a plant 

pest is known to be present. This 

section currently requires seeds of all 

Rutaceae genera that are imported into 

the United States from countries in 

which citrus canker is known to occur 

to be treated for this disease. 

However, Rutaceae species are known 

to be hosts not only of citrus canker, but 

also of citrus greening and CVC. 

Moreover, the countries listed in this 

section as being affected with citrus 

canker are also, in certain instances, 

countries in which citrus greening or 

CVC is known to occur. Therefore, we 

are amending this section to clarify that 

it applies only to countries where citrus 

canker, but not citrus greening or CVC, 

is known to exist. Specifically, we are 

removing any country from the list of 

countries from which Rutaceae seed 

may be imported with treatment if it is 

also listed in the table in § 319.37-2(a) 

as a country in which either citrus 

greening or CVC is known to exist. 

(Please note: As amended, § 319.37-6 

will still allow seed of Rutaceae genera 

to be imported into the United States 

from certain countries in which citrus 

canker is known to exist following 

treatment, but the importation of all 

other plant parts of Rutaceae genera 

from those countries, other than fruit, is 

prohibited under § 319.19.) 

Finally, we are updating the botanical 

name of citrus canker in § 319.37-6. The 

name that has been used in the 

regulations, Xanthomonas axonopodis, 

pv. citri, is no longer used by the 

international taxonomic community. 

Accordingly, we are amending the 

regulations in § 319.37-6 to reflect the 

current nomenclature, Xanthomonas 

citri subsp. citri. 

Federal Preemption 

On May 20, 2009, the President issued 

a memorandum to the heads of 

executive departments and agencies on 

the subject of preemption. The 

memorandum states that it is the general 

policy of the Administration that 

preemption of State law by executive 

departments and agencies should be 

undertaken only with full consideration 

of the legitimate prerogatives of the 

States and with a sufficient legal basis 

for preemption. The memorandum 

further states: 

To ensure that executive departments 

and agencies include statements of 

preemption in regulations only when 

such statements have a sufficient legal 

basis: 

∑ Heads of departments and agencies 

should not include in regulatory 

preambles statements that the 

department or agency intends to 

preempt State law through the 

regulation except where preemption 

provisions are also included in the 

codified regulation. 

∑ Heads of departments and agencies 

should not include preemption 

provisions in codified regulations 

except where such provisions would be 

justified under legal principles 

governing preemption, including the 

principles outlined in Executive Order 

13132. 

Since 1996, Executive Order 12988, 

‘‘Civil Justice Reform,’’ has required 

agencies to include in each regulation a 

statement regarding its preemptive 

effects in regulatory preambles under 

the heading, ‘‘Executive Order 12988.’’ 

In compliance with the May 2009 

memorandum from the White House, 


sroberts on DSKD5P82C1PROD with RULES
17292 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 

we are adding preemption provisions to 

part 319 that would apply to this rule, 

as well as to the existing regulations in 

part 319. Part 319 contains regulations 

that prohibit or restrict the importation 

of certain plants and plant products to 

prevent the introduction or 

dissemination of plant pests and 

noxious weeds into the United States. 

Under section 436 of the Plant 

Protection Act (7 U.S.C. 7756), a State 

or political subdivision of a State may 

not regulate in foreign commerce any 

plant or plant product in order to 

control, eradicate, or prevent the 

introduction or dissemination of a 

biological control organism, plant pest, 

or noxious weed within the United 

States. 

Therefore, in accordance with section 

436 of the Plant Protection Act, the 

regulations in part 319 preempt all State 

and local laws and regulations that are 

inconsistent with or exceed the 

regulations in part 319. 

Accordingly, in this interim rule, we 

are adding a new subpart, ‘‘Preemption,’’ 

(§ 319.1), to codify the preemptive effect 

of the regulations in part 319. 

Immediate Action 

Immediate action is necessary to 

amend the regulations to reflect the 

provisions of the October 6, 2009, 

Federal Import Quarantine Order issued 

to prevent the introduction or 

dissemination of citrus greening and 

CVC into or within the United States. 

Under these circumstances, the 

Administrator has determined that prior 

notice and opportunity for public 

comment are contrary to the public 

interest and that there is good cause 

under 5 U.S.C. 553 for making this 

action effective less than 30 days after 

publication in the Federal Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim 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 have prepared an initial 

regulatory flexibility analysis for this 

action. The analysis identifies nursery 

operations producing citrus nursery 

stock for field planting as the small 

entities most likely to be affected by this 

action and considers the losses that may 

occur due to prohibitions on the 

importation of propagative seed from 

countries where citrus greening or CVC 

is known to occur. Based on the 

information presented in the analysis, 

we expect that these operations are 

unlikely to be dependent on seed of 

those genera, but lack information 

regarding their size distribution. We 

invite comment on our initial regulatory 

flexibility analysis, which is posted 

with this interim rule on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

Executive Order 12988 

This 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 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 et 

seq.), the information collection or 

recordkeeping requirements included in 

this rule have been approved by the 

Office of Management and Budget 

(OMB) under OMB control number 

0579-0049. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851-2908. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

■ Accordingly, we are amending 7 CFR 

part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701-7772, and 

7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. Part 319 is amended by adding a 

new ‘‘Subpart—Preemption,’’ § 319.1, to 

read as follows: 

Subpart—Preemption 

Sec. 

319.1 Preemption of State and local laws. 

Subpart—Preemption 

§ 319.1 Preemption of State and local laws. 

(a) Under section 436 of the Plant 

Protection Act (7 U.S.C. 7756), a State 

or political subdivision of a State may 

not regulate in foreign commerce any 

plant or plant product in order to 

control, eradicate, or prevent the 

introduction or dissemination of a 

biological control organism, plant pest, 

or noxious weed within the United 

States. 

(b) Therefore, in accordance with 

section 436 of the Plant Protection Act, 

the regulations in this part preempt all 

State and local laws that are 

inconsistent with or exceed the 

regulations in this part. 

■ 3. In § 319.37-2, in the table in 

paragraph (a), new entries for ‘‘Aeglopsis 

spp. seed not meeting the conditions for 

importation in § 319.37-5(w) or 

(x)’’,‘‘Atalantia spp. seed not meeting the 

conditions for importation in § 319.37- 

5(w) or (x)’’, ‘‘Balsamocitrus spp. seed 

not meeting the conditions for 

importation in § 319.37-5(w) or (x)’’, 

‘‘Bergera spp. seed not meeting the 

conditions for importation in § 319.37- 

5(w) or (x)’’, ‘‘Calodendrum spp. seed 

not meeting the conditions for 

importation in § 319.37-5(w) or (x)’’, 

‘‘Citrofortunella spp. seed not meeting 

the conditions for importation in 

§ 319.37-5(w) or (x)’’, ‘‘xCitroncirus spp. 

seed not meeting the conditions for 

importation in § 319.37-5(w) or (x)’’, 

‘‘Citrus spp. seed not meeting the 

conditions for importation in § 319.37- 

5(w)’’, ‘‘Clausena spp. seed not meeting 

the conditions for importation in 

§ 319.37-5(w) or (x)’’, ‘‘Fortunella spp. 

seed not meeting the conditions for 

importation in § 319.37-5(w) or (x)’’, 

‘‘Limonia spp. seed not meeting the 

conditions for importation in § 319.37- 

5(w) or (x)’’, ‘‘Microcitrus spp. seed not 

meeting the conditions for importation 

in § 319.37-5(w) or (x)’’, ‘‘Murraya spp. 

seed not meeting the conditions for 

importation in § 319.37-5(w) or (x)’’, 

‘‘Poncirus spp. seed not meeting the 

conditions for importation in § 319.37- 

5(w) or (x)’’, ‘‘Severinia spp. seed not 

meeting the conditions for importation 

in § 319.37-5(w) or (x)’’, ‘‘Swinglea spp. 

seed not meeting the conditions for 


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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17293 

importation in § 319.37-5(w) or (x)’’, 

‘‘Toddalia spp. seed not meeting the 

conditions for importation in § 319.37- 

5(w) or (x)’’, ‘‘Triphasia spp. seed not 

meeting the conditions for importation 

in § 319.37-5(w) or (x)’’, and ‘‘Vepris spp. 

seed not meeting the conditions for 

importation in § 319.37-5(w) or (x)’’ are 

added, in alphabetical order, to read as 

follows: 

§ 319.37-2 Prohibited articles. 

(a) * * * 

Prohibited article (includes seeds only if 

specifically mentioned) 

Foreign places from 

which prohibited 

Plant pests existing in the places named and capable of 

being transported with the prohibited article 

* * * * * * * 

Aeglopsis spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Atalantia spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

Balsamocitrus spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Bergera spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Calodendrum spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Citrofortunella spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

xCitroncirus spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

Citrus spp. seed not meeting the conditions for importation in 

§ 319.37-5(w). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening); citrus variegated chlorosis. 

Clausena spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Fortunella spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Limonia spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Microcitrus spp. seed not meeting the conditions for importation in § 319.37-5(w) or (x). All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Murraya spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Poncirus spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Severinia spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 


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17294 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 

Prohibited article (includes seeds only if 

specifically mentioned) 

Foreign places from 

which prohibited 

Plant pests existing in the places named and capable of 

being transported with the prohibited article 

* * * * * * * 

Swinglea spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Toddalia spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Triphasia spp. seed not meeting the conditions for importation 

in § 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

Vepris spp. seed not meeting the conditions for importation in 

§ 319.37-5(w) or (x). 

All .............................. Candidatus Liberibacter spp. (Huanglongbing disease of 

citrus, Citrus greening). 

* * * * * * * 

* * * * * 

■ 4. In § 319.37-5, new paragraphs (w) 

and (x) are added to read as follows: 

§ 319.37-5 Special foreign inspection and 

certification requirements. 

* * * * * 

(w) Seed of the genera Aeglopsis, 

Atalantia, Balsamocitrus, Bergera, 

Calodendrum, Citrofortunella, 

xCitroncirus, Citrus, Clausena, 

Fortunella, Limonia, Microcitrus, 

Murraya, Poncirus, Severinia, Swinglea, 

Toddalia, Triphasia, and Vepris from 

Argentina, Bangladesh, Belize, Bhutan, 

Brazil, Burundi, Cambodia, Cameroon, 

Central African Republic, China, 

Comoros, Cuba, the Dominican 

Republic, Ethiopia, Eritrea, India, 

Indonesia, Jamaica, Japan, Kenya, Laos, 

Madagascar, Malawi, Malaysia, 

Mauritius, Mexico, Myanmar, Nepal, 

Pakistan, Papua New Guinea, 

Philippines, Re ́union, Rwanda, Saint 

Helena, Saudi Arabia, Somalia, South 

Africa, Sri Lanka, Swaziland, Taiwan, 

Tanzania, Thailand, Timor-Leste, 

Vietnam, Yemen, and Zimbabwe is 

prohibited importation into the United 

States. Except for those countries listed 

in paragraph (x) of this section, seed of 

these genera from all other countries 

may be imported into the United States 

only if the phytosanitary certificate 

required by § 319.37-4 contains an 

additional declaration that neither citrus 

greening nor citrus variegated chlorosis 

is known to occur in the country where 

the seed was produced. 

(x) Seed of the genus Citrus from 

Costa Rica and Paraguay is prohibited 

importation into the United States. Seed 

of the genera Aeglopsis, Balsamocitrus, 

Bergera, Calodendrum, Citrofortunella, 

xCitroncirus, Clausena, Fortunella, 

Limonia, Microcitrus, Murraya, 

Poncirus, Severinia, Swinglea, Toddalia, 

Triphasia, and Vepris from Costa Rica 

and Paraguay may be imported into the 

United States only if the phytosanitary 

certificate required by § 319.37-4 

contains an additional declaration that 

citrus greening is not known to occur in 

the country where the seed was 

produced. 

* * * * * 

■ 5. In § 319.37-6, in paragraph (a), in 

the table, the entry for ‘‘Rutaceae, seeds 

of all species in the family’’ is revised 

to read as follows: 

§ 319.37-6 Specific treatment and other 

requirements. 

(a) * * * 

Seed/bulb Country/locality Pest(s) for which treatment is 

required 

* * * * * * * 

Rutaceae, seeds of all species in 

the family. 

Afghanistan, Andaman Islands, Caroline Islands, Fiji Islands, 

Home Island in Cocos (Keeling) Islands, Hong Kong, Ivory 

Coast, Kampuchea, Korea, Mozambique, Oman, Rodriquez Island, Seychelles, Thursday Island, United Arab Emirates, and 

Zaire. 

Xanthomonas citri subsp. citri (citrus 

canker). 

* * * * * * * 


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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17295 

* * * * * 

Done in Washington, DC, this 31st day 

of March 2010. 

Gregory Parham, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–7736 Filed 4–5–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0357; Directorate 

Identifier 2010–CE–017–AD; Amendment 

39–16256; AD 2010–08–01] 

RIN 2120–AA64 

Airworthiness Directives; Aircraft 

Industries a.s. Model L 23 Super Blanik 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Cracks on the stabilizer elevator inner 

hinges of seven L 23 SUPERBLANI ́K 

sailplanes have been detected during an 

inspection. 

This condition, if not corrected, could 

result in no longer retaining the elevator in 

place and in jamming of the Pilot’s elevator 

control system, and subsequent loss of 

elevator control. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective April 

26, 2010. 

On April 26, 2010, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by May 21, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone (800) 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Greg 

Davison, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency AD No.: 2010–0037–E, dated 

March 8, 2010 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Cracks on the stabilizer elevator inner 

hinges of seven L 23 SUPERBLANI ́K 

sailplanes have been detected during an 

inspection. 

This condition, if not corrected, could 

result in no longer retaining the elevator in 

place and in jamming of the Pilot’s elevator 

control system, and subsequent loss of 

elevator control. 

For the reasons stated above, this 

Emergency AD requires the inspection of the 

elevator inner hinges, and the 

accomplishment of the relevant corrective 

actions as necessary. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Aircraft Industries a.s. has issued 

Mandatory Bulletin MB No.: L23/052a, 

dated March 2, 2010. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

This AD is considered an interim 

action because we are not including the 

action that you repetitively inspect the 

elevator inner hinges on the stabilizer at 

intervals not to exceed every 1,000 

hours time-in-service (TIS). The 

Administrative Procedure Act does not 

permit the FAA to ‘‘bootstrap’’ a longterm requirement into an urgent safety 

of flight action where the rule becomes 

effective at the same time the public has 

the opportunity to comment. The shortterm action and the long-term action are 

analyzed separately for justification to 

bypass prior public notice. 

After issuing this AD, we may initiate 

further AD action (notice of proposed 

rulemaking followed by a final rule) to 

require that you repetitively inspect the 

elevator inner hinges on the stabilizer at 

intervals not to exceed every 1,000 

hours TIS. Credit will be given in any 

subsequent action for the initial 

inspection done under this AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 


sroberts on DSKD5P82C1PROD with RULES