15640 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations 

Location Commodity Pest Treatment 

schedule 

* * * * * * * 

Oranges ............................. Brevipalpus chilensis ......... MB T104–a–1 or 

MB T101–n–2–1. 

Ceratitis capitata ................ CT T107–a. 

Tangerines ......................... Brevipalpus chilensis ......... MB T104–a–1 or MB 

T101–n–2–1. 

Ceratitis capitata ................ CT T107–a. 

* * * * * * * 

* * * * * 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 3. 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. 

■ 4. Section 319.56–38 is amended as 

follows: 

■ a. By revising the section heading and 

the introductory text to read as set forth 

below. 

■ b. In paragraph (d)(2), by adding the 

words ‘‘or finer’’ after the words ‘‘200 

mesh’’. 

■ c. In paragraph (d)(3), by removing the 

word ‘‘chlorine’’ and adding the words 

‘‘potable water’’ in its place. 

■ d. In paragraph (e), by removing the 

words ‘‘Clementines, mandarins, or 

tangerines’’ and adding the words 

‘‘Clementines, grapefruit, mandarins, 

sweet oranges, or tangerines’’ in their 

place. 

■ e. In paragraph (f), by removing the 

words ‘‘Clementines, mandarins, or 

tangerines’’ and adding the words 

‘‘Clementines, grapefruit, mandarins, 

sweet oranges, and tangerines’’ in their 

place. 

§ 319.56–38 Citrus from Chile. 

Clementines (Citrus reticulata Blanco 

var. Clementine), mandarins (Citrus 

reticulata Blanco), and tangerines 

(Citrus reticulata Blanco) may be 

imported into the continental United 

States and Hawaii from Chile and 

grapefruit (Citrus paradisi Macfad.) and 

sweet oranges (Citrus sinensis (L.) 

Osbeck) may be imported into the 

continental United States from Chile in 

accordance with this section and all 

other applicable provisions of this 

subpart. 

* * * * * 

Done in Washington, DC, this 1st day of 

April 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–7844 Filed 4–6–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 318 

[Docket No. APHIS–2007–0052] 

RIN 0579–AC70 

Revision of the Hawaiian and 

Territorial Fruits and Vegetables 

Regulations; 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 

January 16, 2009 (74 FR 2770–2786, 

Docket No. APHIS–2007–0052), and 

effective on February 17, 2009, we 

revised the regulations governing the 

interstate movement of fruits and 

vegetables from Hawaii and the 

territories. Those regulations do not 

apply to articles whose interstate 

movement is regulated under the 

subpart governing the interstate 

movement of soil, sand, earth, and 

plants in growing media from Hawaii 

and the territories; we neglected to 

indicate that in the final rule. In this 

amendment, we are amending the 

regulations to clearly indicate that the 

interstate movement of soil, sand, earth, 

and plants in growing media is 

governed by the regulations specific to 

those articles. 

DATES: Effective Date: April 7, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Lamb, Import Specialist, 

Commodity Import Analysis and 

Operations, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1231; (301) 734–8758. 

SUPPLEMENTARY INFORMATION: 

Background 

In a final rule that was published in 

the Federal Register on January 16, 

2009 (74 FR 2770–2786, Docket No. 

APHIS–2007–0052), and effective on 

February 17, 2009, we revised the 

regulations in 7 CFR part 318 that 

govern the interstate movement of fruits 

and vegetables from Hawaii and the 

territories. The final rule combined the 

three subparts in 7 CFR part 318 that 

governed the interstate movement of 

fruits, vegetables, cut flowers, and 

certain other articles from Hawaii, 

Puerto Rico and the U.S. Virgin Islands, 

and Guam, respectively, into ‘‘Subpart— 

Regulated Articles From Hawaii and the 

Territories’’ (§§ 318.13–1 through 

318.13–25) and established provisions 

for the interstate movement of those 

articles. 

Within that subpart, § 318.13–1(b) 

contains a general statement that the 

Secretary of the U.S. Department of 

Agriculture has determined that it is 

necessary to prohibit the interstate 

movement of cut flowers and fruits and 

vegetables and plants and portions of 

plants from Hawaii, Puerto Rico, the 

U.S. Virgin Islands, Guam, and the 

Commonwealth of the Northern Mariana 

Islands except as provided in the 

regulations or as provided in ‘‘Subpart— 

Territorial Cotton, Cottonseed, and 

Cottonseed Products’’ (§§ 318.47 

through 318.47–4) in 7 CFR part 318. 

We provided the exception for 

‘‘Subpart—Territorial Cotton, 

Cottonseed, and Cottonseed Products’’ 

because the interstate movement of 

those plant parts is regulated under that 

subpart, rather than under the 

regulations for the interstate movement 

of fruits and vegetables. 

In addition, the regulations in 

‘‘Subpart—Sand, Soil, or Earth, with 

Plants from Territories and Districts’’ 

provide for the interstate movement of 

certain plants—specifically, plants in 

approved growing media, conditions for 

whose movement are found in 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations 15641 

§ 318.60(c). Therefore, in the final rule, 

we should have also included an 

exception for ‘‘Subpart—Sand, Soil, or 

Earth, with Plants from Territories and 

Districts’’ in § 318.13–1(b). We are 

correcting that error in this technical 

amendment. 

List of Subjects in 7 CFR Part 318 

Cotton, Cottonseeds, Fruits, Guam, 

Hawaii, Plant diseases and pests, Puerto 

Rico, Quarantine, Transportation, 

Vegetables, Virgin Islands. 

■ Accordingly, we are amending 7 CFR 

part 318 as follows: 

PART 318—STATE OF HAWAII AND 

TERRITORIES QUARANTINE NOTICES 

■ 1. The authority citation for part 318 

continues to read as follows: 

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

7786; 7 CFR 2.22, 2.80, and 371.3. 

■ 2. In § 318.13–1, paragraph (b) is 

amended by adding the words ‘‘and 

‘‘Subpart—Sand, Soil, or Earth, with 

Plants from Territories and Districts’’’’ 

after the word ‘‘Products’’’’. 

Done in Washington, DC, this 1st day of 

April 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–7845 Filed 4–6–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 905 and 944 

[Doc. No. AMS–FV–09–0002; FV09–905–1 

IFR] 

Oranges, Grapefruit, Tangerines and 

Tangelos Grown in Florida and 

Imported Grapefruit; Relaxation of Size 

Requirements for Grapefruit 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule relaxes the 

minimum size requirement for white 

seedless grapefruit grown in Florida and 

for white seedless grapefruit imported 

into the United States for the fresh 

market. The Citrus Administrative 

Committee (Committee) which locally 

administers the marketing order for 

oranges, grapefruit, tangerines, and 

tangelos grown in Florida (order) 

recommended this change for Florida 

grapefruit. The corresponding change in 

the import regulation is required under 

section 8e of the Agricultural Marketing 

Agreement Act of 1937. This rule 

relaxes the minimum size requirement 

for domestic shipments, making it the 

same as required for export shipments. 

This change is expected to maximize 

fresh white seedless grapefruit 

shipments and provide greater 

flexibility to handlers. 

DATES: Effective April 8, 2009; 

comments received by June 8, 2009 will 

be considered prior to issuance of a final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. All comments 

should reference the document number 

and the date and page number of this 

issue of the Federal Register and will be 

made available for public inspection in 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

at: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian D. Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or e-mail: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or e-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 84 and Marketing Order No. 905, 

both as amended (7 CFR part 905), 

regulating the handling of oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida, hereinafter referred to 

as the ‘‘order.’’ The order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended 

(7 U.S.C. 601–674), hereinafter referred 

to as the ‘‘Act.’’ 

This rule is also issued under section 

8e of the Act, which provides that 

whenever certain specified 

commodities, including grapefruit, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States are prohibited 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

There are no administrative 

procedures which must be exhausted 

prior to any judicial challenge to the 

provisions of import regulations issued 

under section 8e of the Act. 

This rule relaxes the minimum size 

requirement for white seedless 

grapefruit grown in Florida and for 

white seedless grapefruit imported into 

the United States for the fresh market. 

This rule relaxes the minimum size 

requirement for shipments to the 48 

contiguous States and the District of 

Columbia so the minimum size 

requirement is the same for both the 

domestic and export markets. This 

change is expected to maximize fresh 

white seedless grapefruit shipments and 

provide greater flexibility to handlers. 

The Committee met on December 16,