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

58469 

Vol. 77, No. 184 

Friday, September 21, 2012 

1To view the interim rule, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2012-0003. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2012–0003] 

Asian Longhorned Beetle; Quarantined 

Areas in Massachusetts, Ohio, and 

New York 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the Asian longhorned 

beetle regulations by adding portions of 

Worcester County, MA, and Clermont 

County, OH, to the list of quarantined 

areas and by removing a portion of 

Suffolk County, NY, from the list of 

quarantined areas. The interim rule was 

necessary to prevent the artificial spread 

of Asian longhorned beetle to 

noninfested areas of the United States 

and to relieve restrictions on certain 

areas that were no longer necessary. 

DATES: Effective on September 21, 2012, 

we are adopting as a final rule the 

interim rule published at 77 FR 31720– 

31722 on May 30, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits and 

Manuals, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737–1236; 

(301) 851–2352. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule 1 effective and 

published on May 30, 2012, in the 

Federal Register (77 FR 31720–31722, 

Docket No. APHIS–2012–0003), we 

amended the Asian longhorned beetle 

regulations in 7 CFR part 301 by adding 

portions of Worcester County, MA, and 

Clermont County, OH, to the list of 

quarantined areas in § 301.51–3(c). In 

addition, the interim rule removed the 

villages of Bayshore, East Islip, and Islip 

Terrace in the Town of Islip, Suffolk 

County, NY, from the list of quarantined 

areas in § 301.51–3(c) based on our 

determination that those areas meet our 

criteria for release from regulation. That 

action relieved restrictions that were no 

longer necessary on the interstate 

movement of regulated articles from that 

area. 

Comments on the interim rule were 

required to be received on or before July 

30, 2012. We received no comments by 

that date. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule 

without change. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, for this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 77 FR 31720– 

31722 on May 30, 2012. 

Done in Washington, DC, this 17th day of 

September 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–23353 Filed 9–20–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2011–0004] 

RIN 0579–AD58 

Plum Pox Compensation 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the plum pox regulations 

to provide for the payment of 

compensation to eligible owners of nonfruit-bearing ornamental tree nurseries 

and to increase the amount of 

compensation that may be paid to 

eligible owners of commercial stone 

fruit orchards and fruit tree nurseries 

whose trees are required to be destroyed 

in order to prevent the spread of plum 

pox. The interim rule also provided 

updated instructions for the submission 

of claims for compensation. These 

changes were necessary to provide 

adequate compensation to persons who 

are economically affected by the plum 

pox quarantine and the associated State 

and Federal eradication efforts. 

DATES: Effective on September 21, 2012, 

we are adopting as a final rule the 

interim rule published at 77 FR 5381– 

5385 on February 3, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Evans-Goldner, Plum Pox National 

Program Manager, PPQ, APHIS, 4700 

River Road Unit 160, Riverdale, MD 

20737–1231; (301) 851–2286. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in Subpart—Plum 

Pox (7 CFR 301.74 through 301.74–5), 

referred to below as the regulations, 

quarantine areas of the United States 

where plum pox has been detected and 

restrict the interstate movement of 

regulated articles (e.g., trees, seedlings, 

root stock, budwood, branches, twigs, 

and leaves of susceptible Prunus spp.) 

from quarantined areas to prevent the 

spread of plum pox virus (PPV) into 

uninfected areas of the United States. 

In addition to the quarantine and 

interstate movement restrictions in the 

regulations, § 310.74–5 also provides for 


pmangrum on DSK3VPTVN1PROD with RULES
58470 Federal Register / Vol. 77, No. 184 / Friday, September 21, 2012 / Rules and Regulations 

1To view the interim rule and the comments we 

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

!docketDetail;D=APHIS-2011-0004. 

1To view the final rule and related documents, 

go to http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2009-0100. 

2 International Standard for Phytosanitary 

Measures (ISPM) Number 1. To view this and other 

ISPMS on the Internet, go to http://www.ippc.int/ 

IPP/En/default.jsp and click on the ‘‘Adopted 

Standards’’ link under the ‘‘Core Activities’’ 

heading. 

the payment of compensation to eligible 

owners of commercial stone fruit 

orchards, including direct marketers, 

and fruit tree nurseries. In an interim 

rule 1 effective and published in the 

Federal Register on February 3, 2012 

(77 FR 5381–5385, Docket No. APHIS– 

2011–0004), we amended the plum pox 

regulations to provide for the payment 

of compensation to eligible owners of 

non-fruit-bearing ornamental tree 

nurseries and to increase the amount of 

compensation that may be paid to 

eligible owners of commercial stone 

fruit orchards and fruit tree nurseries 

whose trees are required to be destroyed 

in order to prevent the spread of plum 

pox. We also provided updated 

instructions for the submission of 

claims for compensation. 

Comments on the interim rule were 

required to be received on or before 

April 3, 2012. We received three 

comments by that date. The comments 

were from a State agricultural agency, a 

fruit grower, and an organization of 

State plant regulatory agencies. Two 

commenters fully supported the action, 

with one of these commenters 

encouraging the expanded use of 

compensation for producers who 

sustain losses due to quarantine plant 

pests and regulatory actions associated 

with these pests. 

The third commenter said that the 

interim rule makes reference to 

‘‘commercial stone fruit orchards and 

fruit tree nurseries’’ without defining 

fruit tree nursery. The commenter also 

expressed concern that his fruit tree 

nursery does not qualify for 

compensation. 

In § 301.74–5, paragraph (a)(2) 

describes the eligibility criteria for 

compensation for owners of fruit tree 

nurseries. Those eligibility criteria and 

the considerations in paragraph (b) that 

determine payment amounts specify 

that the plants affected by an emergency 

action notification are plants that have 

been produced for commercial sale, 

which is not the case in the situation 

described by the commenter. 

Therefore, for the reasons given in the 

interim rule and in this document, we 

are adopting the interim rule as a final 

rule without change. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, this action 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. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 77 FR 5381–5385 

on February 3, 2012. 

Done in Washington, DC, this 17th day of 

September 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–23356 Filed 9–20–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2009–0100] 

RIN 0579–AD35 

Irradiation Treatment; Location of 

Facilities in the Southern United 

States; Technical Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

July 20, 2012, and effective on August 

20, 2012, we amended the phytosanitary 

treatment regulations to, among other 

things, allow for irradiation treatment of 

mangoes from India upon arrival in the 

mainland United States rather than just 

at the point of origin. In the final rule, 

we neglected to amend the inspection 

requirements to address shipments that 

are treated upon arrival in the United 

States and not at the point of origin. 

This document corrects that error. 

DATES: Effective Date: September 21, 

2012. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Inder P. S. Gadh, Senior Risk Manager– 

Treatments, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1236; (301) 851–2018. 

SUPPLEMENTARY INFORMATION: The 

phytosanitary treatment regulations 

contained in 7 CFR part 305 (referred to 

below as the regulations) set out the 

general requirements for performing 

treatments and certifying or approving 

treatment facilities for fruits, vegetables, 

and other articles to prevent the 

introduction or dissemination of plant 

pests or noxious weeds into or through 

the United States. The Animal and Plant 

Health Inspection Service (APHIS) of 

the U.S. Department of Agriculture 

administers these regulations. 

In a final rule 1 published in the 

Federal Register on July 20, 2012 (77 FR 

4261–4265, Docket No. APHIS–2009– 

0100), with an effective date of August 

20, 2012, we amended the regulations in 

§ 319.56–46 to allow for irradiation 

treatment of mangoes from India upon 

arrival in the mainland United States 

rather than just at the point of origin. 

Paragraph (c) of § 319.56–46 indicates 

that each consignment of mangoes must 

be inspected jointly by APHIS and the 

national plant protection organization 

(NPPO) of India as part of the required 

preclearance inspection activities. 

Paragraph (e) of § 319.56–46 also 

indicates that joint inspection by APHIS 

and the NPPO of India is required. 

While joint inspection and preclearance 

are practical when irradiation treatment 

is applied in the country of origin, it is 

more useful and cost effective for the 

NPPO of India to inspect the fruit in 

India and for APHIS to inspect the fruit 

upon arrival in the United States when 

irradiation treatment is applied in the 

United States. This also ensures 

compliance with the standard 2 of the 

International Plant Protection 

Convention, of which the United States 

is a contracting party, of applying the 

least restrictive measures resulting in 

the minimal impact to trade while 

effectively managing plant pest risks. 

We are therefore removing the words 

‘‘jointly’’ and ‘‘preclearance’’ from 

§ 319.56–46(c) and the word ‘‘jointly’’ 

from § 319.56–46(e) to allow inspections 

to occur separately in India and the 

United States when appropriate. 

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. 


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