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

66643 

Vol. 75, No. 209 

Friday, October 29, 2010 

1To view the proposed rule and the comments 

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

fdmspublic/component/main?main=DocketDetail

&d=APHIS-2008-0016. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2008–0016] 

RIN 0579–AD15 

Importation of Mexican Hass 

Avocados; Additional Shipping 

Options 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations for the importation of Hass 

avocados originating in Michoaca ́n, 

Mexico, into the United States by 

adding the option to ship avocados to 

the United States in bulk shipping bins 

when safeguarding is maintained from 

the packinghouse to the port of first 

arrival in the United States and by 

making it clear that the avocados may be 

shipped by land, sea, or air. We are also 

amending the regulations to allow 

avocados from multiple packinghouses 

that participate in the avocado export 

program to be combined into one 

consignment. We are taking these 

actions in response to requests from the 

Government of Mexico and inquiries 

from a U.S. maritime port. These actions 

will allow additional options for 

shipping Hass avocados from Mexico to 

the United States and allow Mexican 

exporters to ship full container or truck 

loads from multiple packinghouses 

while continuing to provide an 

appropriate level of protection against 

the introduction of plant pests. 

DATES: Effective Date: November 29, 

2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David B. Lamb, Import Specialist, 

Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1236; (301) 734–0627. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–50) prohibit or restrict 

the importation of fruits and vegetables 

into the United States from certain parts 

of the world to prevent the introduction 

and dissemination of plant pests, 

including fruit flies, that are new to or 

not widely distributed within the 

United States. 

Under the regulations in § 319.56–30 

(referred to below as the regulations), 

fresh Hass avocado fruit grown in 

approved orchards in approved 

municipalities in Michoacan, Mexico, 

may be imported into specified areas of 

the United States after meeting the 

requirements of a systems approach. 

The systems approach, which is 

described in the regulations, includes 

surveys for pathway pests in 

municipalities and orchards; 

municipality, orchard, and 

packinghouse certification; protection of 

harvested fruit from infestation; 

shipment in sealed, refrigerated trucks 

or containers; and the cutting and 

inspection of fruit in orchards, in 

packinghouses, and at ports of entry. 

The overlap of the phytosanitary 

measures helps ensure the effectiveness 

of the systems approach. 

On May 27, 2010, we published in the 

Federal Register (75 FR 29680–29684, 

Docket No. APHIS–2008–0016) a 

proposal 1 to amend the regulations by 

adding the option to ship avocados to 

the United States in bulk shipping bins 

when safeguarding is maintained from 

the packinghouse to the port of first 

arrival in the United States and by 

making it clear that the avocados may be 

shipped by land, sea, or air. We also 

proposed to allow avocados from 

multiple packinghouses that participate 

in the avocado export program to be 

combined into one consignment. 

We solicited comments concerning 

our proposal for 60 days ending July 26, 

2010. We received three comments by 

that date, from the operators of a U.S. 

maritime port, an association of 

Mexican Hass avocado producers, 

packers, and exporters, and a State 

department of agriculture. Two 

commenters were in favor of adopting 

the rule as proposed. 

The remaining commenter expressed 

concern that allowing consignments of 

avocados from multiple packinghouses 

might result in difficulties with 

traceback in the event of a pest 

introduction. 

The regulations require that the boxes 

or crates must be clearly marked with 

the identity of the grower, 

packinghouse, and exporter. We are 

adding the option to use bulk shipping 

bins as well as boxes or crates, but we 

are also continuing to require the 

identifying markings for boxes, crates, 

or bins in any consignment of avocados, 

whether from a single packinghouse or 

from multiple packinghouses. 

Furthermore, avocados from multiple 

packinghouses will not be commingled 

in the same box, crate, or bulk shipping 

bin. Instead, the regulations will allow 

a refrigerated truck or refrigerated 

shipping container to be loaded with 

full boxes, crates, or bulk shipping bins 

from more than one approved 

packinghouse when phytosanitary 

safeguarding is maintained. We believe 

that the existing marking provisions will 

continue to provide sufficient 

information to conduct a traceback 

investigation in the event of a pest 

introduction. We are making no changes 

in response to this comment. 

Therefore, for the reasons given in the 

proposed rule, we are adopting the 

proposed rule as a final rule, without 

change. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final 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. 

In accordance with 5 U.S.C. 604, we 

have performed a final regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. Copies of the full analysis are 

available on the Regulations.gov Web 

site (see footnote 1 in this document for 

a link to Regulations.gov) or by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. 

Currently, Hass avocado exports from 

Michoaca ́n, Mexico, are allowed to enter 

all 50 States throughout the year. Since 

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66644 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 

1Public Law 111–24, 123 Stat. 1734 (2009). 

there is no limit to the volume that may 

be shipped, market forces of supply and 

demand and the extent to which any 

maritime shipments are in addition to— 

rather than in place of—shipments by 

truck will determine the size of any 

market effects of the rule. These actions 

will allow additional options for 

shipping Hass avocados from Mexico to 

the United States and allow Mexican 

exporters to ship full container or truck 

loads from multiple packinghouses 

while continuing to provide an 

appropriate level of protection against 

the introduction of plant pests. 

U.S. producers of avocado are 

predominantly small entities. Other 

small entities that theoretically could be 

affected by the rule include fresh 

avocado importers, brokers, truck 

drivers, and maritime shippers. The 

price and supply impacts that this rule 

may have on U.S. entities are not 

known. 

Executive Order 12988 

This final rule allows Hass avocados 

to be imported into the United States 

from Mexico in bulk consignments and 

in consignments from multiple 

packinghouses when phytosanitary 

safeguarding is maintained from the 

packinghouse to the first port of entry in 

the United States. State and local laws 

and regulations regarding Hass avocados 

imported under this rule will be 

preempted while the fruit is in foreign 

commerce. Fresh avocados are generally 

imported for immediate distribution and 

sale to the consuming public, and 

remain in foreign commerce until sold 

to the ultimate consumer. The question 

of when foreign commerce ceases in 

other cases must be addressed on a caseby-case basis. No retroactive effect will 

be given to this rule, and this rule will 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This final rule contains no new 

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 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. Section 319.56–30 is amended as 

follows: 

■ a. In paragraph (c)(3)(v), by removing 

the words ‘‘shipping boxes’’ and adding 

the words ‘‘containers in which they 

will be shipped’’ in their place. 

■ b. In paragraph (c)(3)(vi), by removing 

the words ‘‘in boxes’’ and adding the 

words ‘‘for shipping’’ in their place. 

■ c. By revising paragraphs (c)(3)(vii) 

and (c)(3)(viii) to read as set forth below. 

■ d. By removing paragraphs (f) and (g) 

and redesignating paragraphs (h) and (i) 

as paragraphs (f) and (g), respectively. 

■ e. In newly redesignated paragraph 

(g), by adding the words ‘‘, crates, or 

bulk shipping bins’’ after the words 

‘‘original shipping boxes’’ and by 

removing the words ‘‘new boxes’’ and 

adding the words ‘‘new packaging’’ in 

their place. 

§ 319.56–30 Hass avocados from 

Michoacan, Mexico. 

* * * * * 

(c) * * * 

(3) * * * 

(vii) The avocados must be packed in 

clean, new boxes or bulk shipping bins, 

or in clean plastic reusable crates. The 

boxes, bins, or crates must be clearly 

marked with the identity of the grower, 

packinghouse, and exporter, and with 

the statement ‘‘Not for importation or 

distribution in Puerto Rico or U.S. 

Territories.’’ The boxes, bins, or crates 

must be covered with a lid, insect-proof 

mesh, or other material to protect the 

avocados from fruit-fly infestation prior 

to leaving the packinghouse. Those 

safeguards must be intact at the time the 

consignment arrives in the United 

States. 

(viii) The packed avocados must be 

placed in a refrigerated truck or 

refrigerated container and remain in that 

truck or container while in transit 

through Mexico to the port of export for 

consignments shipped by air or sea or 

the port of first arrival in the United 

States for consignments shipped by 

land. Prior to leaving the packinghouse, 

the truck or container must be secured 

by the Mexican NPPO with a seal that 

will be broken when the truck or 

container is opened. The seal may be 

broken and a new seal applied by the 

Mexican NPPO if the truck or container 

stops at another approved packinghouse 

for additional avocados meeting the 

requirements of this section to be placed 

in the truck or container. The seal on 

the refrigerated truck or refrigerated 

container must be intact at the time the 

truck or container reaches the port of 

export in Mexico or the port of first 

arrival in the United States. 

* * * * * 

Done in Washington, DC, this 25th day of 

October 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–27426 Filed 10–28–10; 8:45 am] 

BILLING CODE 3410–34–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 205 

[Regulation E; Docket No. R–1377] 

Electronic Fund Transfers 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule. 

SUMMARY: The Board is amending 

Regulation E, which implements the 

Electronic Fund Transfer Act, and the 

official staff commentary to the 

regulation, in order to implement 

legislation that modifies the effective 

date of certain disclosure requirements 

in the gift card provisions of the Credit 

Card Accountability Responsibility and 

Disclosure Act of 2009. 

DATES: This final rule is effective 

November 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Dana Miller or Mandie Aubrey, Senior 

Attorneys, Ky Tran-Trong or Vivian 

Wong, Counsels, Division of Consumer 

and Community Affairs, Board of 

Governors of the Federal Reserve 

System, Washington, DC 20551, at (202) 

452–2412 or (202) 452–3667. For users 

of Telecommunications Device for the 

Deaf (TDD) only, contact (202) 263– 

4869. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Background 

On May 22, 2009, the Credit Card 

Accountability Responsibility and 

Disclosure Act of 2009 (Credit Card Act) 

was signed into law.1 Section 401 of the 

Credit Card Act amended the Electronic 

Fund Transfer Act, 15 U.S.C. 1693 et 

seq., and imposed certain restrictions on 

a person’s ability to impose dormancy, 

inactivity, or service fees with respect to 

gift certificates, store gift cards, and 

general-use prepaid cards. In addition, 

the Credit Card Act generally prohibited 

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