This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12961 

Vol. 75, No. 52 

Thursday, March 18, 2010 

1To view the proposed rule, the economic 

analysis, the scientific review, and the comments 

we received, go to (http://www.regulations.gov/

fdmspublic/component/main?main=DocketDetail&

d=APHIS-2009-0002). 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS-2009-0002] 

Regulation of the Interstate Movement 

of Lemons from Areas Quarantined for 

Mediterranean Fruit Fly 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the list of 

regulated articles in our domestic fruit 

fly quarantine regulations. The 

regulations have indicated that smoothskinned lemons (all varieties of Citrus 

limon) harvested for packing by 

commercial packinghouses are not 

regulated articles for Mediterranean 

fruit fly. We are amending the 

regulations to designate all yellow 

lemons as regulated articles. This 

change is based on research indicating 

that, under certain conditions, yellow 

lemons are a host for Mediterranean 

fruit fly. As a result of this action, 

yellow lemons in an area quarantined 

for Mediterranean fruit fly will be 

subject to certain interstate movement 

restrictions in order to prevent the 

spread of that pest into uninfested areas 

of the United States. 

DATES: Effective Date: April 19, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Wayne D. Burnett, APHIS Exotic Fruit 

Fly Director, Fruit Fly Exclusion and 

Detection Programs, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737-1231; (301) 734-4387. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mediterranean fruit fly (Medfly, 

Ceratitis capitata [Wiedemann]) is one 

of the world’s most destructive pests of 

fruits and vegetables. The short life 

cycle of the Medfly allows rapid 

development of serious outbreaks, 

which can cause severe economic 

losses. Heavy infestations can cause 

complete loss of crops. 

The Animal and Plant Health 

Inspection Service (APHIS) enforces 

regulations in 7 CFR part 301, ‘‘Domestic 

Quarantine Notices,’’ that are designed 

to prevent the interstate spread of pests 

that are new to or not widely distributed 

within the United States. The 

regulations in ‘‘Subpart-Fruit Flies,’’ 

contained in §§ 301.32 through 301.32- 

10 (referred to below as the regulations), 

are intended to prevent the spread of 

fruit flies designated as plant pests to 

noninfested areas of the United States. 

To this end, the regulations impose 

restrictions on the interstate movement 

of articles that are hosts of fruit flies or 

whose movement could otherwise 

spread fruit flies from areas quarantined 

because of fruit flies. We refer to these 

articles as ‘‘regulated articles.’’ The table 

in § 301.32-2(a), ‘‘Regulated Articles,’’ 

lists articles subject to domestic 

quarantine regulations for several 

species of fruit fly, including Medfly. 

On September 21, 2009, we published 

in the Federal Register (74 FR 48013- 

48014, Docket No. APHIS-2009-0002) a 

proposal1 to amend the list of regulated 

articles in our domestic fruit fly 

quarantine regulations. Lemons (Citrus 

limon) are included in that list as a 

regulated article for several types of fruit 

flies, but a footnote to the table has 

indicated that smooth-skinned lemons 

harvested for packing by commercial 

packinghouses are not regulated articles 

for Medfly. We proposed to amend the 

regulations to designate all yellow 

lemons as regulated articles based on 

recent research indicating that, under 

certain conditions, yellow lemons are a 

host for Medfly. 

We solicited comments concerning 

our proposal for 60 days ending 

November 20, 2009. We received four 

comments by that date. They were from 

citrus industry organizations and a State 

agricultural official. All responses were 

in favor of designating all yellow 

lemons as regulated articles for Medfly. 

Therefore, for the reasons given in the 

proposed rule, we are adopting that 

aspect of the proposed rule as a final 

rule, without change. 

We also proposed to amend the 

treatments regulations in 7 CFR part 305 

by updating the list in § 305.2(h)(2)(ii) of 

approved treatments for regulated 

articles moved interstate from areas 

quarantined for fruit flies to correct two 

outdated references to the fruit fly 

regulations. However, a final rule 

published in the Federal Register (75 

FR 4228-4253, Docket No. APHIS-2008- 

0022) on January 26, 2010, and effective 

on February 25, 2010, has rendered that 

change unnecessary. 

Correction to Provisions 

In this final rule, we are making 

another change to the regulations in 

order to correct an error that occurred 

when the consolidated fruit fly subpart 

was established. Specifically, in 

§ 301.32(a), tomato (Lycopersicon 

esculentum) is listed as a regulated 

article for Medfly, melon fruit fly, 

Oriental fruit fly, and peach fruit fly. 

The footnote appended to that entry 

states that only pink and red ripe 

tomatoes are regulated articles for 

melon, Oriental, and peach fruit flies, 

which means that green tomatoes are 

not regulated articles for those three 

fruit flies, while all tomatoes, regardless 

of the stage of ripeness, are regulated 

articles for Medfly. The footnote is 

incorrect. It appears that when we 

established the regulations, we reversed 

the status of tomatoes with respect to 

those fruit flies. Therefore, in this 

document, we are amending the entry 

for tomatoes to indicate that only pink 

and red ripe tomatoes are regulated 

articles for Medfly, while all tomatoes, 

regardless of the stage of ripeness, are 

regulated articles for melon, Oriental, 

and peach fruit flies. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule is subject to Executive 

Order 12866. However, for this action, 

the Office of Management and Budget 

has waived its review under Executive 

Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The economic analysis 

is summarized below. Copies of the full 

analysis are available on the 

Regulations.gov Web site (see footnote 1 

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12962 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Rules and Regulations 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

As described in the economic 

analysis, the majority of producers, 

importers, and merchants that may be 

affected by this rule are small entities. 

The number of producers that may be 

affected in the future is not known, 

since we do not have data on 

production of smooth-skinned lemons 

harvested for packing by commercial 

packinghouses. Nonetheless, the costs of 

any pre-harvest or post-harvest 

treatments of smooth-skinned lemons 

required by this rule are negligible. In 

addition, removal of the regulatory 

exemption for smooth-skinned lemons 

harvested for packing by commercial 

packinghouses will reduce the risk of 

Medfly spreading from a quarantined 

area to a non-quarantined area, thereby 

potentially saving producers control and 

eradication costs. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This final rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

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

seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701-7772 and 7781- 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75-15 issued under Sec. 

204, Title II, Public Law 106-113, 113 

Stat. 1501A-293; sections 301.75-15 and 

301.75-16 issued under Sec. 203, Title 

II, Public Law 106-224, 114 Stat. 400 (7 

U.S.C. 1421 note). 

§ 301.32-2 [Amended] 

■ 2. In § 301.32-2, paragraph (a), the 

table is amended as follows: 

■ a. In footnote 2, by removing the 

words ‘‘Smooth-skinned lemons 

harvested for packing by commercial 

packinghouses are not’’ and adding the 

words ‘‘Only yellow lemons are’’ in their 

place. 

■ b. By revising the entry for 

Lycopersicon esculentum, including 

footnote 4, to read as set forth below. 

§ 301.32-2 Regulated articles. 

(a) * * * 

Botanical name Common name(s) Fruit fly 

* * * * * * * 

Lycopersicon esculentum Tomato Mediterranean,4 Melon, Oriental, Peach. 

* * * * * * * 

* * * * * 

4Only pink and red ripe tomatoes are regulated articles for Mediterranean fruit fly. 

* * * * * 

Done in Washington, DC, this 11th day 

of March 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–5945 Filed 3–17–10: 11:25 am] 

BILLING CODE 3410–34–S 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 360 

RIN 3064–AD55 

Transitional Safe Harbor Protection for 

Treatment by the Federal Deposit 

Insurance Corporation as Conservator 

or Receiver of Financial Assets 

Transferred by an Insured Depository 

Institution in Connection With a 

Securitization or Participation 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Final rule. 

SUMMARY: The Federal Deposit 

Insurance Corporation (‘‘FDIC’’) is 

amending its regulation, Defining 

Transitional Safe Harbor Protection for 

Treatment By The Federal Deposit 

Insurance Corporation As Conservator 

Or Receiver Of Financial Assets 

Transferred In Connection With A 

Securitization Or Participation. The 

amendment adds a new provision in 

order to continue for a limited time the 

safe harbor provision for securitizations 

that would be affected by recent changes 

to generally accepted accounting 

principles. In effect, the Final Rule 

permanently ‘‘grandfathers’’ all 

securitizations for which financial 

assets were transferred or, for revolving 

trusts, for which securities were issued 

prior to September 30, 2010 so long as 

those securitizations complied with the 

preexisting requirements under 

generally accepted accounting 

principles in effect prior to November 

15, 2009. The transitional safe harbor 

will apply irrespective of whether or not 

the securitization satisfies all of the 

conditions for sale accounting treatment 

under generally accepted accounting 

principles as effective for reporting 

periods after November 15, 2009. In 

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