This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

81942 

Vol. 75, No. 249 

Wednesday, December 29, 2010 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2010–0036] 

RIN 0579–AD27 

Importation of Clementines From 

Spain; Amendment to Inspection 

Provisions 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of clementines from Spain 

by removing from the regulations the 

number of clementines per consignment 

intended for export to the United States 

that are required to be sampled by 

inspectors of the Animal and Plant 

Health Inspection Service (APHIS). In 

place of this number, we propose to 

state in the regulations that the number 

to be sampled will be determined by 

APHIS. By removing from the 

regulations the number of clementines 

per consignment from Spain to be 

sampled, APHIS would have the 

flexibility to respond to changing risk 

levels while continuing to provide 

protection against the introduction of 

quarantine pests. 

DATES: We will consider all comments 

that we receive on or before February 

28, 2011. 

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– 

2010–0036 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0036, 

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. APHIS– 

2010–0036. 

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 INFORMATION CONTACT: Mr. 

William Wesela, Assistant Director of 

Preclearance Programs, Quarantine 

Policy, Analysis, and Support, PPQ, 

APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737–1231; (301) 734– 

5718. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart–Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–50, referred to below as 

the regulations) prohibit or restrict the 

importation of fruits and vegetables into 

the United States from certain parts of 

the world to prevent the introduction 

and spread of plant pests that are new 

to or not widely distributed within the 

United States. 

The regulations in § 319.56–34 list 

specific requirements for the 

importation into the United States of 

clementines from Spain. Clementines 

may only be imported if the 

Government of Spain or its designated 

representative enters into a trust fund 

agreement with the Animal and Plant 

Health Inspection Service (APHIS) 

before each shipping season. To 

minimize the risk of plant pests being 

introduced into the United States, the 

regulations also require that growers 

who produce clementines in Spain for 

export to the United States be registered 

with the Government of Spain, and that 

they agree to follow the requirements of 

the Mediterranean fruit fly (Ceratitis 

capitata, or Medfly) management 

program administered by the 

Government of Spain. 

Clementines from Spain must be 

accompanied by a phytosanitary 

certificate stating that the fruit meets the 

conditions of the Medfly management 

program and the regulations. 

Clementines from Spain must also be 

cut and inspected (i.e., sampled) before 

undergoing cold treatment in 

accordance with the regulations, and be 

sampled at the port of entry. 

Specifically, with respect to pretreatment sampling, paragraph (f) of 

§ 319.56–34 states that APHIS 

inspectors will cut and inspect 200 fruit 

randomly selected from throughout each 

consignment prior to cold treatment. 

The purpose of this inspection is to look 

for live Medflies in any stage of 

development that may be present. If a 

single Medfly is found, the entire 

consignment of clementines is rejected. 

If a single Medfly is found in any two 

lots from the same orchard during the 

same shipping season, that orchard is 

removed from the export program for 

the remainder of the shipping season. 

A cutting and inspection level of 200 

fruit per consignment has generally 

provided APHIS inspectors with the 

ability to detect for Medfly if they are 

present at even low levels of infestation. 

However, in the past year, inspectors 

from the Department of Homeland 

Security’s Bureau of Customs and 

Border Protection have repeatedly 

discovered high levels of dead larvae in 

clementine consignments arriving in the 

United States from Spain. Under the 

current regulations, APHIS inspectors 

are unable to adjust the number of fruit 

sampled prior to cold treatment without 

an agreement from the national plant 

protection organization of Spain to 

sample at a rate higher than we have 

specified in the regulations. However, 

when conditions indicate a higher risk 

of Medfly, our experience indicates that 

adjusting the sampling rate would 

detect pests that might otherwise go 

undetected prior to treatment. 

We propose to remove the 

requirement in paragraph (f) of 

§ 319.56–34 that exactly 200 fruit be 

sampled before treatment and instead 

state that the number of fruit to be 

sampled will be determined by APHIS. 

The actual sampling level would be 

included in the bilateral workplan 

agreed to by APHIS and the Government 

of Spain, which describes in detail how 

the regulations are implemented 

operationally. This change would give 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Proposed Rules 81943 

1This document uses the terms lamp, light bulb, 

and bulb interchangeably. 

APHIS the flexibility to adjust the 

sample without going through the 

rulemaking process, and would be more 

in line with agreements that we have 

with other countries exporting fruit to 

the United States. APHIS would be able 

to increase the number of fruit sampled 

if the risk of Medfly larvae in 

consignments of fruit is determined to 

have increased, and lower the number if 

environmental, climatic, or other factors 

indicate a lower risk. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed 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 the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

A consignment of clementines 

consists of one or more lots containing 

no more than a combined total of 

200,000 boxes of clementines that are 

presented to an inspector for pretreatment inspection. Under the current 

regulations that allow for sampling of 

200 clementines, the percentage of 

sampled clementines ranges from 0.02 

percent to 0.1 percent per consignment 

inspected. Even if inspection amounts 

were increased two or three times when 

there is a higher pest risk (or reduced 

when there is a lower pest risk), the 

percentage of clementines sampled 

would remain negligible. 

While this rule would help reduce the 

risk of pest introduction, we are unable 

to quantify the economic impact of 

decreasing the probability of 

introducing Medfly into the United 

States. Medfly introductions can be very 

costly to producers and to the Federal 

and State Governments. The mean cost 

of eradicating six Medfly outbreaks in 

2007 was $13.54 million. 

This rule would not have a significant 

economic effect on producers of 

clementines or other U.S. entities, 

regardless of their size or resources. As 

described, an increase or decrease in the 

number of fruit sampled due to pest risk 

level changes would have a negligible 

effect on the number of clementines 

imported from Spain. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This proposed 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 propose to amend 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. In § 319.56–34, paragraph (f) is 

amended as follows: 

a. In the paragraph heading, by 

removing the words ‘‘; rates of 

inspection’’. 

b. By removing the words ‘‘200 fruit’’ 

and adding in their place the words ‘‘a 

sample of clementines determined by 

APHIS’’. 

Done in Washington, DC on December 22, 

2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–32770 Filed 12–28–10; 8:45 am] 

BILLING CODE 3410–34–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

RIN 3084–AB03 

Appliance Labeling Rule 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Proposed rule; request for 

comment. 

SUMMARY: The Commission proposes 

changing the effective date for its new 

light bulb labeling requirements 

(published on July 19, 2010, 75 FR 

41696) to January 1, 2012, to provide 

manufacturers with additional time to 

incorporate the new label on their 

packaging. The Commission also 

proposes not requiring the new label for 

incandescent bulbs (e.g., 75 watt bulbs) 

that, as of 2013, will not meet federal 

energy efficiency standards. 

DATES: Written comments must be 

received on or before January 28, 2011. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form by 

following the instructions in section III 

of the SUPPLEMENTARY INFORMATION

section below. Comments in electronic 

form should be submitted using the 

following weblink: https:// 

ftcpublic.commentworks.com/ftc/ 

lightbulblabel (and following the 

instructions on the Web-based form). 

Comments filed in paper form should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room H–113 

(Annex N), 600 Pennsylvania Avenue, 

NW., Washington, DC 20580, in the 

manner detailed in the SUPPLEMENTARY

INFORMATION section below. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, Attorney, Division 

of Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Avenue, NW., 

Washington, DC 20580, (202) 326–2889. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Energy Independence and 

Security Act of 2007 (Pub. L. 110–140) 

(EISA) directed the Commission to 

consider the effectiveness of its current 

labeling requirements for ‘‘lamps,’’ 

commonly referred to as light bulbs, and 

alternative labeling approaches.1

Pursuant to this mandate, on July 19, 

2010 (75 FR 41696), the Commission 

published amendments to the 

Appliance Labeling Rule (Rule) creating 

new labeling requirements for general 

service lamps (i.e., medium screw base 

incandescent, compact fluorescent 

(CFL), and light-emitting diode (LED) 

products). These requirements become 

effective on July 19, 2011. The new 

requirements feature a ‘‘Lighting Facts’’ 

label that will provide consumers with 

information on a bulb’s brightness, 

annual energy cost, life, color 

appearance, and energy use. 


srobinson on DSKHWCL6B1PROD with PROPOSALS