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

48013 

Vol. 74, No. 181 

Monday, September 21, 2009 

1Spitler, G.H., J.W. Armstrong, and H.M. Couey. 

1984. Mediterranean fruit fly (Diptera: Tephritidae) 

host status of commercial lemon. Journal of 

Economic Entomology 77: 1441–1444. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 301 and 305 

[Docket No. APHIS–2009–0002] 

Regulation of the Interstate Movement 

of Lemons From an Area Quarantined 

for Mediterranean Fruit Fly 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the list of regulated articles in our 

domestic fruit fly quarantine 

regulations. The regulations currently 

indicate that smooth-skinned lemons 

(all varieties of Citrus limon) harvested 

for packing by commercial 

packinghouses are not regulated articles 

for Mediterranean fruit fly. We are 

proposing to amend the regulations to 

designate all yellow lemons as regulated 

articles. This proposed change is based 

on research indicating that, under 

certain conditions, yellow lemons are a 

host for Mediterranean fruit fly. As a 

result of this proposed action, yellow 

lemons produced in an area quarantined 

for Mediterranean fruit fly would be 

subject to certain interstate movement 

restrictions in order to prevent the 

spread of that pest into uninfested areas 

of the United States. 

DATES: We will consider all comments 

that we receive on or before November 

20, 2009. 

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=APHIS2009-0002 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2009–0002, 

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– 

2009–0002. 

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. 

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. While lemons 

(Citrus limon) are included in the table 

as a regulated article for several types of 

fruit flies, a footnote to the table 

indicates that smooth-skinned lemons 

harvested for packing by commercial 

packinghouses are not regulated articles 

for Medfly. 

The decision to exempt smoothskinned lemons harvested for packing 

by commercial packinghouses was 

originally based on research published 

by scientists from the U.S. Department 

of Agriculture’s Agricultural Research 

Service (ARS).1 Citing their own 

research and other studies that 

examined lemons as a potential Medfly 

host, ARS scientists noted that rind 

toughness and thickness generally 

impede Medflies from infesting lemons. 

Moreover, chemicals within the lemon 

rind are toxic to Medfly eggs and any 

larvae that manage to hatch there. They 

also determined that lemons grown and 

packed commercially are less likely to 

be infested with plant pests, including 

Medfly, than noncommercial 

consignments. 

However, in 2006 live Medfly larvae 

were intercepted in commercial 

shipments of lemons from Spain, 

leading us to re-examine whether 

lemons should be designated as 

regulated articles in areas quarantined 

for Medfly. We reviewed over 90 

scientific publications, including the 

above-referenced 1984 study. We also 

examined findings from two site visits 

to Medfly-infested lemon-producing 

areas in Spain and Argentina, as well as 

details of the Medfly infestation in 

Spanish commercial lemons. Our 

conclusions appear in a report titled 

‘‘Lemon (Citrus limon) as a host for 

Mediterranean fruit fly (Medfly; 

Ceratitis capitata): A scientific review 

and status report’’ (January 2008). 

Copies of the report may be obtained 

from the person listed under FOR

FURTHER INFORMATION CONTACT, viewed 

on the Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov), or retrieved 

online at http://www.aphis.usda.gov/ 

plant_health/plant_pest_info/fruit_flies/ 

index.shtml. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
48014 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 

Based on our review, we have 

determined that lemons are a 

conditional non-host for Medfly, 

meaning that while Medfly generally 

does not infest lemons, it will do so 

under certain conditions. For example, 

green lemons are not hosts of Medfly, 

but as they mature they become more 

susceptible to infestation. It is likely 

that light yellow lemons are not at a 

maturity stage where they would be 

susceptible to Medfly; only damaged or 

dark yellow, overly mature fruit are 

considered suitable hosts. 

Resistance of lemons to Medfly 

infestation is causally linked to the 

thickness, toughness, and chemical 

toxicity of the lemon rind. The female 

Medfly ovipositor normally cannot 

pierce through the lemon rind to lay 

eggs in the toxin-free pulp, and if it 

does, the eggs laid within the rind are 

killed by the toxic compounds. 

However, if the rind is thin or damaged, 

or existing oviposition puncture holes 

are present, females can exploit these 

vulnerable points by ovipositing into 

the pulp, where Medfly eggs and larvae 

are more likely to survive and develop. 

A high Medfly population also increases 

the likelihood of lemon infestation due 

to repeated ovipositing by females into 

existing oviposition holes in the rind. 

These findings indicate the need to 

designate all varieties of yellow lemons 

as regulated articles for Medfly in our 

domestic fruit fly quarantine regulations 

in order to prevent the spread of Medfly 

to uninfested areas of the United States. 

We are therefore proposing to amend 

the entry for lemons in the table of 

regulated articles in § 301.32–2(a) by 

removing the exemption for smoothskinned lemons harvested for packing 

by commercial packinghouses, and 

instead indicating that all varieties of 

yellow lemons are regulated articles for 

Medfly. 

We are also proposing to amend the 

phytosanitary treatments regulations in 

7 CFR part 305 by updating the table in 

§ 305.2(h)(2)(ii), which includes 

approved treatments for regulated 

articles moved interstate from areas 

quarantined for fruit flies, to correct two 

outdated references to the former 

locations of specific provisions of the 

fruit fly regulations. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed 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. 

We have prepared an economic 

analysis for this proposed rule. As 

described in the economic analysis, the 

majority of producers, importers, and 

merchants that may be affected by the 

proposed rule are small entities. No 

commercial lemon producers are 

located in the area currently 

quarantined for Medfly. The number of 

producers that may be affected in the 

future is not known, since we do not 

have data on production of smoothskinned lemons harvested for packing 

by commercial packinghouses. 

Nonetheless, the costs of pre-harvest or 

post-harvest treatments of smoothskinned lemons that would be required 

by this rule are negligible. 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. 

The full economic analysis may be 

viewed on the Regulations.gov Web site 

or in our reading room. (Instructions for 

accessing Regulations.gov and 

information on the location and hours of 

the reading room are provided under the 

heading ADDRESSES at the beginning of 

this proposed rule.) In addition, copies 

may be obtained by calling or writing to 

the individual listed under FOR FURTHER

INFORMATION CONTACT. 

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 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 

information collection or recordkeeping 

requirements under the Paperwork 

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

et seq.). 

List of Subjects 

7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

7 CFR Part 305 

Irradiation, Phytosanitary treatment, 

Plant diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements. 

Accordingly, we propose to amend 7 

CFR parts 301 and 305 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), 

footnote 2 to the table is amended 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. 

PART 305—PHYTOSANITARY 

TREATMENTS 

3. The authority citation for part 305 

continues to read as follows: 

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

7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 

2.80, and 371.3. 

§ 305.2 [Amended] 

4. In § 305.2, the table in paragraph 

(h)(2)(ii) is amended by removing, from 

the column titled ‘‘Commodity’’, the 

citations ‘‘§ 301.78–2(a)’’ and ‘‘§ 301.99– 

2(b)’’ and adding the citation ‘‘§ 301.32– 

2(a)’’ in their place. 

Done in Washington, DC, this 15th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–22631 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1493 

Solicitation of Input from Stakeholders 

on Revised Fees for the Export Credit 

Guarantee (GSM–102) Program 

AGENCY: Foreign Agricultural Service 

and Commodity Credit Corporation, 

USDA. 

ACTION: Notice and request for 

comments. 


srobinson on DSKHWCL6B1PROD with PROPOSALS