26514 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 

viridis, Scirtothrips dorsalis, and 

Spodoptera littoralis. 

(a) Approved pest-exclusionary 

structures. The eggplant must be grown 

in pest-exclusionary structures in 

approved production sites in the Arava 

Valley of Israel by growers registered 

with the Israeli national plant protection 

organization (NPPO). Initial approval of 

the production sites must be completed 

jointly by the Israeli NPPO and APHIS. 

(1) The pest-exclusionary structures 

must be equipped with double selfclosing doors. 

(2) Any vents or openings in the pestexclusionary structures (other than the 

double self-closing doors) must be 

covered with 1.6 mm or smaller 

screening in order to prevent the entry 

of pests into the pest-exclusionary 

structure. 

(3) The pest-exclusionary structures 

must be inspected periodically by the 

Israeli NPPO or its approved designee to 

ensure that sanitary procedures are 

employed to exclude plant pests and 

diseases and to verify that the screening 

is intact. 

(4) The pest-exclusionary structures 

also must be inspected monthly for the 

quarantine pests listed in the 

introductory text of this section by the 

Israeli NPPO or its approved designee, 

beginning 2 months before harvest and 

continuing for the duration of the 

harvest. APHIS must be granted access 

to inspect or monitor the pestexclusionary structures during this 

period as well. If, during these 

inspections, any quarantine pests listed 

in the introductory text of this section 

are found inside a pest-exclusionary 

structure, the Israeli NPPO will 

immediately prohibit that pestexclusionary structure from exporting 

eggplant to the continental United 

States and notify APHIS of the action. 

The prohibition will remain in effect 

until the Israeli NPPO and APHIS agree 

that the risk has been mitigated. 

(b) Trapping for Medfly. Trapping for 

Mediterranean fruit fly (Medfly, 

Ceratitis capitata) is required both 

inside and outside the pest-exclusionary 

structures. Trapping must begin 2 

months before harvest and continue for 

the duration of the harvest. 

(1) Inside the pest-exclusionary 

structures. APHIS-approved fruit fly 

traps with an approved protein bait 

must be placed inside the pestexclusionary structures at a density of 

four traps per hectare, with a minimum 

of at least two traps per pestexclusionary structure. The traps must 

be serviced at least once every 7 days. 

If a single Medfly is found in a trap 

inside a pest-exclusionary structure, the 

Israeli NPPO will immediately prohibit 

that pest-exclusionary structure from 

exporting eggplant to the continental 

United States and notify APHIS of the 

action. The prohibition will remain in 

effect until the Israeli NPPO and APHIS 

agree that the risk has been mitigated. 

(2) Outside the pest-exclusionary 

structures. (i) No shade trees are 

permitted within 10 meters of the entry 

door of the pest-exclusionary structures, 

and no fruit fly host plants are 

permitted within 50 meters of the entry 

door of the pest-exclusionary structures. 

While trapping is being conducted, no 

fruit fly host material (such as fruit) may 

be brought into the pest-exclusionary 

structures or be discarded within 50 

meters of the entry door of the pestexclusionary structures. 

(ii) A treatment jointly approved by 

the Israeli NPPO and APHIS must be 

applied for the duration of the eggplant 

harvest in the areas of the Arava Valley 

where fruit fly host material occurs in 

backyards. 

(iii) Trapping for Medfly must be 

conducted by the Israeli NPPO or its 

approved designee throughout the year 

in the agricultural region along the 

Arava Highway 90 and in the residential 

area of Paran. 

(iv) Trapping records must be kept 

and made available for APHIS review 

upon request. 

(c) Packinghouse procedures. The 

eggplant must be packed within 24 

hours of harvest in a pest-exclusionary 

packinghouse. While packing the 

eggplant for export to the continental 

United States, the packinghouse may 

only accept eggplant from approved 

pest-exclusionary structures. No shade 

trees are permitted within 10 meters of 

the entry door of the packinghouse, and 

no fruit fly host plants are permitted 

within 50 meters of the entry door of the 

packinghouse. The eggplant must be 

safeguarded by a pest-proof screen or 

plastic tarpaulin while in transit to the 

packinghouse and while awaiting 

packing. Packinghouse procedures must 

include culling of any visibly damaged, 

overripe, or infested eggplant. The 

eggplant must be packed in either 

individual insect-proof cartons or boxes 

labeled with the specific place of origin 

or non-insect-proof cartons or boxes that 

are covered by insect-proof mesh or 

plastic tarpaulins. Covered non-insectproof cartons or boxes must be placed 

in shipping containers that have 

identification labels indicating the 

specific place of origin. These 

safeguards must remain intact until the 

arrival of the eggplant in the continental 

United States or the consignment will 

not be allowed to enter the continental 

United States. 

(d) Commercial consignments. 

Eggplant from Israel may be imported in 

commercial consignments only. 

(e) Phytosanitary certificate. Each 

consignment of eggplant must be 

accompanied by a phytosanitary 

certificate of inspection issued by the 

Israeli NPPO with an additional 

declaration reading as follows: ‘‘The 

eggplant in this consignment has been 

grown in an approved production site 

and inspected and found free of the 

pests listed in 7 CFR 319.56–49.’’ 

(Approved by the Office of Management and 

Budget under control number 0579–0350) 

Done in Washington, DC, this 28th day of 

May 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–12929 Filed 6–2–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 214 and 274a 

[DHS No. ICEB–2008–0002; ICE No. 2124– 

08] 

RIN 1653–AA56 

Extending Period of Optional Practical 

Training by 17 Months for F–1 

Nonimmigrant Students With STEM 

Degrees and Expanding Cap-Gap 

Relief for All F–1 Students With 

Pending H–1B Petitions; Correction 

AGENCY: U.S. Immigration and Customs 

Enforcement, U.S. Citizenship and 

Immigration Services; DHS. 

ACTION: Interim final rule; correction. 

SUMMARY: With this amendment, the 

Department of Homeland Security 

(DHS) corrects one typographical error 

and corrects two inadvertent omissions 

from the Optional Practical Training 

(OPT) interim final rule (IFR) published 

in the Federal Register on April 8, 2008. 

DATES: Effective June 3, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Louis Farrell, Director, Student and 

Exchange Visitor Program; U.S. 

Immigration and Customs Enforcement, 

Department of Homeland Security; 

Potomac Center North, 500 12th Street, 

SW., Washington, DC 20536. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On April 8, 2008, the Department of 

Homeland Security (DHS) published an 

interim final rule in the Federal 

Register at 73 FR 18944 extending the 

maximum period of Optional Practical 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 26515 

1For purposes of Regulation CC, the term ‘‘bank’’ 

refers to any depository institution, including 

Continued 

Training (OPT) from 12 months to 29 

months for F–1 students who have 

completed a science, technology, 

engineering, or mathematics (STEM) 

degree with a degree code that is on the 

current STEM Designated Degree 

Program List, and who accept 

employment with employers enrolled in 

U.S. Citizenship and Immigration 

Services’ (USCIS’) E–Verify employment 

verification program. In that IFR, there 

was one typographical error and two 

inadvertent omissions. Through this 

amendment, DHS corrects those items. 

First, DHS is correcting an error in the 

regulatory text of the interim final rule. 

The regulatory text that added new 8 

CFR 274a.12(b)(6)(v) at 73 FR 18956 

contains a typographical error. The 

paragraph begins with an unnecessary 

‘‘Or’’. Through this amendment, DHS 

removes that extra word. 

Second, DHS is correcting two 

inadvertent omissions. In the 

amendatory language for amendment 2b 

at 73 FR 18954, DHS inadvertently 

omitted a reference to the revision to 8 

CFR 214.2(f)(10)(ii)(D). While that 

revision was in the regulatory text of the 

document submitted to the Federal 

Register, it was not in the amendatory 

language of the document submitted to 

the Federal Register, and so it would 

not be accurately codified in the Code 

of Federal Regulations. Also, 

amendment 5b at 73 FR 18956 revised 

8 CFR 274a.12(c)(3). It should have only 

revised 8 CFR 274a.12(c)(3)(i). As a 

result, 8 CFR 274a.12(c)(3)(ii) and 

274a.12(c)(3)(iii) were inadvertently 

omitted. 

List of Subjects 

8 CFR Part 214 

Administrative practice and 

procedure, Aliens, Employment, 

Foreign officials, Health professions, 

Reporting and recordkeeping 

requirements, Students. 

8 CFR Part 274a 

Administrative practice and 

procedure, Aliens, Employment, 

Penalties, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 8 CFR part 214 and 274a are 

amended as follows: 

PART 214—NONIMMIGRANT CLASSES 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 

1184, 1186a, 1187, 1221, 1281, 1282, 1301– 

1305 and 1372; section 643, Pub. L. 104–208, 

110 Stat. 3009–708; Pub. L. 106–386, 114 

Stat. 1477–1480; section 141 of the Compacts 

of Free Association with the Federated States 

of Micronesia and the Republic of the 

Marshall Islands, and with the Government 

of Palau, 48 U.S.C. 1901 note, and 1931 note, 

respectively; 8 CFR part 2. 

■ 2. Section 214.2 is amended by 

revising paragraph (f)(10)(ii)(D) to read 

as follows: 

§ 214.2 Special requirements for 

admission, extension and maintenance of 

status. 

* * * * * 

(f) * * * 

(10) * * * 

(ii) * * * 

(D) Duration of status while on postcompletion OPT. For a student with 

approved post-completion OPT, the 

duration of status is defined as the 

period beginning when the student’s 

application for OPT was properly filed 

and pending approval, including the 

authorized period of post-completion 

OPT, and ending 60 days after the OPT 

employment authorization expires 

(allowing the student to prepare for 

departure, change educational levels at 

the same school, or transfer in 

accordance with paragraph (f)(8) of this 

section). 

* * * * * 

PART 274a—CONTROL OF 

EMPLOYMENT OF ALIENS 

■ 3. The authority citation for part 274a 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1324a; 8 

CFR part 2; Pub. L. 101–410, 104 Stat. 890, 

as amended by Pub. L. 104–134, 110 Stat. 

1321. 

■ 4. Section 274a.12 is amended by: 

■ a. Removing the word ‘‘Or’’ from the 

beginning of paragraph (b)(6)(v); and 

■ b. Adding paragraphs (c)(3)(ii) and 

(iii). 

The additions read as follows: 

§ 274a.12 Classes of aliens authorized to 

accept employment. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) Has been offered employment 

under the sponsorship of an 

international organization within the 

meaning of the International 

Organization Immunities Act (59 Stat. 

669) and who presents a written 

certification from the international 

organization that the proposed 

employment is within the scope of the 

organization’s sponsorship. The F–1 

student must also present a Form I–20 

ID or SEVIS Form I–20 with 

employment page completed by DSO 

certifying eligibility for employment; or 

(iii) Is seeking employment because of 

severe economic hardship pursuant to 8 

CFR 214.2(f)(9)(ii)(C) and has filed the 

Form I–20 ID and Form I–538 (for nonSEVIS schools), or SEVIS Form I–20 

with employment page completed by 

the DSO certifying eligibility, and any 

other supporting materials such as 

affidavits which further detail the 

unforeseen economic circumstances that 

require the student to seek employment 

authorization. 

* * * * * 

Christina E. McDonald, 

Deputy Associate General Counsel for 

Regulatory Affairs. 

[FR Doc. E9–12861 Filed 6–2–09; 8:45 am] 

BILLING CODE 9111–28–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 229 

[Regulation CC; Docket No. R–1358] 

Availability of Funds and Collection of 

Checks 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Board of Governors 

(Board) is amending the routing number 

guide to next-day availability checks 

and local checks in Regulation CC to 

delete the reference to the head office of 

the Federal Reserve Bank of 

Minneapolis and to reassign the Federal 

Reserve routing symbols currently listed 

under that office to the head office of 

the Federal Reserve Bank of Cleveland. 

These amendments reflect the 

restructuring of check-processing 

operations within the Federal Reserve 

System. 

DATES: The final rule will become 

effective on July 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey S. H. Yeganeh, Financial Services 

Manager (202/728–5801), or Joseph P. 

Baressi, Financial Services Project 

Leader (202/452–3959), Division of 

Reserve Bank Operations and Payment 

Systems; or Dena L. Milligan, Attorney 

(202/452–3900), Legal Division. For 

users of Telecommunications Devices 

for the Deaf (TDD) only, contact 202/ 

263–4869. 

SUPPLEMENTARY INFORMATION: Regulation 

CC establishes the maximum period a 

depositary bank may wait between 

receiving a deposit and making the 

deposited funds available for 

withdrawal.1 A depositary bank 


dwashington3 on PROD1PC60 with RULES