Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-02-15.xml --- 76 31 Tuesday, February 15, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Rural Housing Service Animal Animal and Plant Health Inspection Service RULES Citrus Seed Imports: Citrus Greening and Citrus Variegated Chlorosis, 8603-8605 2011-3367 NOTICES Determination of Nonregulated Status for Corn Genetically Engineered to Facilitate Ethanol Production:

Syngenta Seeds, Inc., 8707-8708 2011-3504 Environmental Assessments; Availability, etc.: Biological Control Agent for Arundo Donax, 8708 2011-3368 Environmental Impact Statements; Availability, etc.: Proposed Cattle Fever Tick Control Barrier in South Texas, 8709-8710 2011-3364 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Comparison with Insurance Data, 8742-8743 2011-3254 National Survey of Early Care and Education, 8743 2011-3176 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Gulf Intracoastal Waterway, New Orleans Harbor, Inner Harbor Navigation Canal, New Orleans, Orleans Parish, LA, 8653-8654 2011-3356 Harmonization with the International Maritime Solid Bulk Cargoes Code: Bulk Solid Hazardous Materials, 8658-8659 2011-3322 Regulated Navigation Areas: Hudson River South of the Troy Locks, NY, 8654-8656 2011-3351 Safety Zones: Miami International Triathlon, Bayfront Park, Miami, FL, 8656-8658 2011-3323 Special Local Regulations: Mavericks Surf Competition, Half Moon Bay, CA, 8651-8653 2011-3357 PROPOSED RULES Drawbridge Operation Regulations:

Atlantic Intracoastal Waterway, Wrightsville Beach, Cape Fear and Northeast Cape Fear River, Wilmington, NC, 8663-8666 2011-3355 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8764-8765 2011-3320 Eastern Great Lakes Area Maritime Security Committee; Vacancies, 8765-8766 2011-3324 Commerce Commerce Department See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings:

Technology Advisory Committee, 8715 2011-3345 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8715-8716 2011-3333 Arms Sales Notification, 8716-8720 2011-3334 Proposed Solicitation for Cooperative Agreement Applications, 8720 2011-3332 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Drug Questionnaire, 8775 2011-3319 Importer of Controlled Substances;

Registrations: Cerilliant Corp., Round Rock, TX, 8776-8777 2011-3407 Formulation Technologies LLC., Austin, TX, 8775-8776 2011-3409 Manufacturers of Controlled Substances; Registrations: Cedarburg Pharmaceuticals, Inc., Grafton, WI, 8777-8778 2011-3406 GE Healthcare, Arlington Heights, IL, 8777 2011-3405 National Center for Natural Products Research-NIDA MProject, University of Mississippi, 8777 2011-3410 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8721-8722 2011-3388 2011-3389 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Environmental Protection Environmental Protection Agency PROPOSED RULES Meetings: Environmental Justice Considerations for Drinking Water Regulatory Efforts, 8674-8675 2011-3383 NOTICES Draft National Pollutant Discharge Elimination System General Permits for Small Municipal Separate Storm Sewer Systems, 8734-8735 2011-3380 Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur;

Availability, 8735-8736 2011-3382 Status of Motor Vehicle Budgets in Submitted State Implementation Plans: Connecticut; Withdrawal of Adequacy of Motor Vehicle Emissions Budgets, 8736-8737 2011-3385 Executive Office of the President See Science and Technology Policy Office Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A340-200, -300, -500, and -600 Series Airplanes, 8610-8615 2011-3065 2011-3067 Boeing Co. Model 767 Airplanes, 8615-8618 2011-2515 Bombardier, Inc.

Model CL 600 2B19 (Regional Jet Series 100 and 440) Airplanes, 8605-8607 2011-3041 Cessna Aircraft Co. Model 750 Airplanes, 8607-8609 2011-2516 Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes, 8618-8620, 8622-8624 2011-2823 2011-3071 Pratt and Whitney JT8D-209, -217, -217A, -217C, and -219 Turbofan Engines, 8620-8622 2011-3347 Reciprocal Waivers of Claims for Multiple-Customer Commercial Space Launch and Reentry, 8629-8637 2011-3313 Revisions of Class E Airspace:

Barrow, AK, 8624-8625 2011-3252 Platinum, AK, 8627-8628 2011-3250 Savoonga, AK, 8625-8626 2011-3247 Shungnak, AK, 8626-8627 2011-3249 Safe, Efficient Use and Preservation of the Navigable Airspace, 8628-8629 2011-3312 PROPOSED RULES Airworthiness Directives: Lycoming Engines, Fuel Injected Reciprocating Engines, 8661-8663 2011-3349 Federal Communications Federal Communications Commission RULES Structure and Practices of the Video Relay Service Program, 8659-8660 2011-3262 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8737 2011-3288 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8737-8738 2011-3335 Meetings: Advisory Committee on Economic Inclusion, 8738-8739 2011-3331 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: California Department of Water Resources, 8722-8723 2011-3303 First Light Hydro Generating Co., 8724-8725 2011-3304 Minnesota Energy Resources Corp., 8723-8724 2011-3306 Baseline Filings:

Enstor Grama Ridge Storage and Transportation, L.L.C.; EasTrans, LLC; DCP Guadalupe Pipeline, LLC, et al., 8725 2011-3310 Compliance Filings: DCP Guadalupe Pipeline, LLC, 8725 2011-3301 Filings: EasTrans, LLC, 8726 2011-3309 Western Area Power Administration, 8726 2011-3302 License Applications: Edgartown, MA, 8726-8727 2011-3305 Meetings; Sunshine Act, 8727-8728 2011-3459 Permit Applications: Bear Creek Hydro Associates, LLC, 8728-8729 2011-3308 Bison Peak Pumped Storage, LLC, 8729-8730 2011-3307 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Clark County, IN; Jefferson County, KY, 8808-8809 2011-3404 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualifications of Drivers; Exemption Applications; Vision, 8809-8810 2011-3268 Federal Railroad Federal Railroad Administration PROPOSED RULES Locomotive Safety Standards: Correction, 8699 2011-3260 NOTICES Petitions for Waivers of Compliance: San Diego Trolley Inc., 8810-8811 2011-3292 Federal Reserve Federal Reserve System NOTICES Acquisitions of Shares of a Bank or Bank Holding Company, 8739 2011-3370 Federal Trade Federal Trade Commission NOTICES Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules, 2011-3174 8739-8741 2011-3175 Federal Transit Federal Transit Administration NOTICES FTA Fiscal Year 2011 Apportionments, Allocations and Program Information:

Corrections, 8811-8843 2011-3293 Food and Drug Food and Drug Administration RULES Medical Devices; Medical Device Data Systems, 8637-8649 2011-3321 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission Committee on Contaminants in Food, 8710-8711 2011-3362 Forest Forest Service NOTICES Meetings: Idaho Panhandle Resource Advisory Committee, 8711-8712 2011-3069 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Draft National Toxicology Program Technical Reports;

Availability, etc., 8741-8742 2011-3276 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Final Information Quality Guidelines Policy, 8753-8754 2011-3394 Meetings: DHS Data Privacy and Integrity Advisory Committee, 8754-8755 2011-3447 Privacy Act; Systems of Records, 2011-3448 2011-3449 8755-8764 2011-3450 Housing Housing and Urban Development Department PROPOSED RULES Manufactured Housing; Correction, 8852-8870 2011-2907 Indian Health Indian Health Service NOTICES Indian Health Professions Student Programs, 8743-8748 2011-3291 Repayment Program for Health Professions Educational Loans, 8748-8750 2011-3290 Interior Interior Department See National Park Service NOTICES Establishment of the Wildland Fire Executive Council, 8768 2011-3350 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8845 2011-3294 International Trade Com International Trade Commission NOTICES Complaints: Certain Display Devices, Including Digital Televisions and Monitors, 8769 2011-3336 Five-Year Reviews of Antidumping Orders: Glycine from China, 8771-8772 2011-3326 Polyethylene Terephthalate Film from Korea, 8770-8771 2011-3327 Full Five-Year Reviews on Antidumping and Countervailing Duty Orders: Cut-to-Length Carbon Steel Plate from India, Indonesia, Italy, and Korea, 8772 2011-3337 Meetings;

Sunshine Act, 8772-8773 2011-3460 Terminations of Five-Year Reviews: Forged Stainless Steel Flanges from India and Taiwan, 8773-8774 2011-3330 Granular Polytetrafluoroethylene Resin from Japan, 8774 2011-3329 Sparklers from China, 8773 2011-3325 Superalloy Degassed Chromium from Japan, 8773 2011-3328 Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8774-8775 2011-3298 Justice Programs Justice Programs Office NOTICES Meetings:

National Motor Vehicle Title Information System Federal Advisory Committee, 8778 2011-3352 Labor Department Labor Department See Occupational Safety and Health Administration NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-3282 8784-8785 2011-3285 National Institute National Institute of Standards and Technology NOTICES Meetings: Advisory Committee on Earthquake Hazards Reduction, 8712-8713 2011-3378 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 8751, 8753 2011-3369 2011-3372 National Heart, Lung, and Blood Institute, 8752 2011-3373 National Institute of Allergy and Infectious Diseases, 8753 2011-3375 National Institute of Diabetes and Digestive and Kidney Diseases, 8752-8753 2011-3377 National Institute of Environmental Health Sciences, 8751-8752 2011-3379 National Labor National Labor Relations Board NOTICES Meetings; Sunshine Act, 8785 2011-3537 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Bering Sea and Aleutian Islands Crab Rationalization Program, 8700-8706 2011-3398 NOTICES Meetings: Pacific Fishery Management Council, 8713 2011-3392 Permit Applications: Endangered and Threatened Species; Take of Anadromous Fish, 8713-8715 2011-3399 National Park National Park Service NOTICES Meetings: Cape Cod National Seashore Advisory Commission, 8768-8769 2011-3256 Navy Navy Department NOTICES Record of Decision: Disposal and Reuse of Naval Air Station Brunswick; ME, 8720-8721 2011-3402 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Amendment Requests:

Decommissioning of the ABB Inc., Combustion Engineering, Windsor, CT Site, 8785-8787 2011-3360 Meetings; Sunshine Act, 8788 2011-3491 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Construction Standards on Posting Emergency Telephone Numbers and Floor Load Limits, 8778-8779 2011-3363 Standard on the Control of Hazardous Energy (Lockout/Tagout), 8780-8782 2011-3366 Underground Construction Standard, 8782-8784 2011-3386 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans:

Interest Assumptions for Paying Benefits, 8649-8651 2011-3403 Rural Housing Service Rural Housing Service NOTICES Meetings: Section 538 Guaranteed Rural Rental Housing Program 2011 Industry Forums, 8712 2011-3300 Science Technology Science and Technology Policy Office NOTICES Meetings: National Nanotechnology Coordination Office; Bridging NanoEHS Research Efforts, 8788 2011-3365 Securities Securities and Exchange Commission NOTICES Applications: Riverside Casualty, Inc., 8788-8791 2011-3272 Meetings;

Sunshine Act, 8791 2011-3451 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 8794-8796 2011-3317 International Securities Exchange, LLC, 8796-8798 2011-3316 NASDAQ OMX PHLX LLC, 8793-8794, 8798-8799 2011-3314 2011-3315 NASDAQ Stock Market LLC, 8791-8793 2011-3270 NYSE Arca, Inc., 8799-8801 2011-3271 Small Business Small Business Administration NOTICES Disaster Declarations: Arizona, 8801-8802 2011-3295 New Jersey, 8802 2011-3296 Surrender of Licenses of Small Business Investment Companies, 2011-3297 8802 2011-3299 Social Social Security Administration NOTICES Meetings:

Accessibility Committee of the Federal CIO Council; Improving the Accessibility of Government Information, 8802-8804 2011-3311 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Exchange Visitor Program Annual Report, 8804 2011-3384 Surface Transportation Surface Transportation Board PROPOSED RULES Reporting Requirements for Positive Train Control Expenses and Investments, 8699-8700 2011-3396 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board PROPOSED RULES Prioritization and Allocation Authority Exercised By the Secretary of Transportation Under the Defense Production Act, 8675-8699 2011-3209 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8804-8808 2011-3353 Treasury Treasury Department See Internal Revenue Service NOTICES Privacy Act; Systems of Records, 8843-8845 2011-3279 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Andean Trade Preference Act, 8766-8767 2011-3395 e-Allegations Submission, 8767-8768 2011-3393 Veteran Affairs Veterans Affairs Department PROPOSED RULES Substitution In Case of Death of Claimant, 8666-8674 2011-3196 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disability Benefits Questionnaires - Group 1, 8846-8847 2011-3341 Financial Statement, 8848 2011-3343 Lenders Staff Appraisal Reviewer Application, 8847-8848 2011-3342 Recordkeeping at Flight Schools, 8845-8846 2011-3339 VBA Loan Guaranty Service Lender Satisfaction Survey, 8846 2011-3340 Disciplinary Appeals Board Panel, 8848-8849 2011-3344 Western Western Area Power Administration NOTICES Proposed Rates: Desert Southwest Customer Service Region, 8730-8734 2011-3361 Separate Parts In This Issue Part II Housing and Urban Development Department, 8852-8870 2011-2907 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 31 Tuesday, February 15, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2008-0052] RIN 0579-AD07 Citrus Seed Imports; Citrus Greening and Citrus Variegated Chlorosis 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 regulations governing the importation of nursery stock to prohibit the importation of propagative seed of several Rutaceae (citrus family) genera from certain countries where citrus greening or citrus variegated chlorosis

(301)734-0627. SUPPLEMENTARY INFORMATION: Background Citrus greening (known internationally as Huanglongbing disease of citrus and referred to below as HLB) is considered to be one of the most serious citrus diseases in the world. HLB is a bacterial disease caused by strains of the bacterial pathogens “ *Candidatus* Liberibacter asiaticus”, “ *Candidatus* Liberibacter africanus”, and “ *Candidatus* Liberibacter americanus” that attack the vascular system of host plants. The pathogens are phloem-limited, inhabiting the food-conducting tissue of the host plant, and causes yellow shoots, blotchy mottling and chlorosis, reduced foliage, and tip dieback of citrus plants. HLB greatly reduces production, destroys the economic value of the fruit, and can kill trees. Once a tree is infected, there is no cure for HLB. In areas of the world where the disease is endemic, citrus trees decline and die within a few years and may never produce usable fruit. HLB was first detected in the United States in Miami-Dade County, FL, in 2005, and is only known to be present in the United States in the States of Florida and Georgia, Puerto Rico, two parishes in Louisiana, and two counties in South Carolina. CVC is also a highly injurious disease of citrus. Caused by a strain of the bacterium *Xylella fastidiosa,* CVC causes severe chlorosis between veins on the leaves of affected plants. Leaves on affected plants frequently have discoloration of the upper leaf coupled with brown lesions underneath. CVC may reduce plant growth and lead to abnormal flowering and fruit production. CVC is currently not known to occur in the United States. The regulations in 7 CFR part 319, “Foreign Quarantine Notices,” prohibit or restrict the importation of certain plants and plant products to prevent the introduction or dissemination of plant pests and noxious weeds into the United States. The regulations in “Subpart-Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products,” §§ 319.37 through 319.37-14 (referred to below as the regulations), restrict, among other things, the importation of seeds for propagation. In an interim rule 1 effective and published in the **Federal Register** on April 6, 2010 (75 FR 17289-17295, Docket No. APHIS-2008-0052), we amended the regulations to prohibit the importation of propagative seed of several Rutaceae (citrus family) genera from certain countries where HLB or CVC is present, and to require propagative seed of these genera from all other countries to be accompanied by a phytosanitary certificate with an additional declaration that neither HLB nor CVC is known to occur in the country where the seed was produced. 1 To view the interim rule, its supporting and related materials, and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0052.* Comments on the interim rule were required to be received on or before June 7, 2010. We received three comments by that date, from a citrus nursery, a company engaged in the commercial production, packing, and shipping of citrus products, and a State department of agriculture. The comments are addressed below, by topic. General Comments on the Interim Rule One commenter stated that countries in which HLB or CVC is present would respond to the prohibitions of the interim rule by in turn prohibiting the importation of citrus articles from the United States. Because the loss of foreign markets would adversely impact the U.S. citrus industry, the commenter stated that the rule should be withdrawn. On September 19, 2005, the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture

(USDA)reported the first two confirmed detections of HLB within the United States to the International Plant Protection Convention. Since that time, it has been at the discretion of foreign countries to promulgate regulations prohibiting or restricting the importation of host articles of HLB from the United States, based on an assessment of the potential risk to plants, plant parts, and plant products within those countries that could be associated with the introduction or dissemination of the disease. We note, however, that countries that are members of the World Trade Organization have committed themselves to basing prohibitions or restrictions on the importation of articles (such as, in this case, citrus from the United States) on scientific evidence and risk assessment. Comments Regarding Transmission of HLB Through Propagative Seed In the interim rule, our stated rationale for imposing prohibitions on the importation of seed of genera that are hosts of HLB was that emerging evidence suggested that such seed could transmit the disease. To that end, we cited a peer-reviewed article by Susan Halbert and Keremane Manjunath that detailed that, when seedlings are generated from seed that is infected with HLB, a small percentage of those seedlings have been found to be infected with HLB. 2 2 Halbert, Susan and Keremane L. Manjunath. Asian Citrus Psyllids ( *Sternorrhyncha: Psyllidae* ) and Greening Disease of Citrus: A Literature Review and Assessment of Risk in Florida. Found at *http://www.bioone.org/doi/pdf/10.1653/0015-4040(2004)087[0330:ACPSPA]2.0.CO;2.* All three commenters stated that the Halbert and Manjunath article did not provide an adequate scientific basis for considering seed to be a pathway for the transmission of HLB. Two of the commenters pointed out that Halbert and Manjunath did not conduct original research regarding seed transmission, but instead referenced a 1981 study. The same commenters also pointed out that researchers in the 1981 study collected only a small number of seeds, and did not test the seedlings derived from this seed for the disease, but rather determined them to have the same stunted, chlorotic appearance as infected plants. Both commenters concluded by citing Halbert and Manjunath's assessment that the 1981 experiment “bears repeating” as evidence that Halbert and Manjunath themselves had concerns about the study's findings. Finally, one commenter cited two more recent studies, published in 2009, that the commenter asserted conclude that HLB is not seed-borne. All three commenters stated that we should amend the interim rule to allow the importation of propagative seed from countries where only HLB is present. We disagree with the commenters' interpretation of Halbert and Manjunath's assessment of the 1981 experiment; stating that an experiment bears repeating is not tantamount to stating that one has concerns with its findings, and is, in fact, consistent with the basic elements of the scientific method. Moreover, the Halbert and Manjunath article was not our sole basis for taking regulatory action; we referenced it in order to illustrate some of the information that factored into our determination. We considered other evidence. For example, as we mentioned in an interim rule that established domestic quarantine regulations for HLB and that was published in the **Federal Register** and effective on June 17, 2010 (75 FR 34322-34336, Docket No. APHIS-2008-0015), researchers at USDA's Agricultural Research Service

(ARS)and APHIS' Center for Plant Health Science and Technology (CPHST) have recently undertaken extensive studies to determine the likelihood of seed transmission of HLB. Both the ARS and CPHST studies found that a percentage of seedlings from infected seed tested positive for HLB via polymerase chain reaction

(PCR)analysis; in the ARS study, the infection rate varied, but was as great as 78.5 percent in certain instances. 3 ARS researchers did note, however, that the bacterium causing HLB remained at a very low titer in affected plants, and that most infected seedlings remained largely or entirely asymptomatic several years after testing positive for the disease. 3 Benyon, L.S., *et al. Transmission of `Candidatus Liberibacter asiaticus' from seeds to seedlings in citrus along with a low bacterial tier and atypical HLB symptoms.* Available by contacting the individual listed under FOR FURTHER INFORMATION CONTACT . One of the 2009 articles 4 referenced by the commenter does not contradict, and in fact is generally consistent with, the findings of the ARS study. The article details a 2007 study, conducted by Ute Albrecht and Kim Bowman, in which more than 15,000 seeds were obtained from symptomatic trees of the following species: *Citrus macrophylla* Webster, *Citrus vangasay* bojer, X *Poncirus trifoliata,* *Citrus reticulata* Blanco, *Citrus aurantium* L., and *Citrus sinensis.* Of the seedlings grown from these seeds, 769 were tested for HLB via PCR analysis at time periods ranging from 7 weeks to 9 months after sowing. Five of these 769 seedlings tested positive for the disease. However, titer levels of the bacterium were low, and the plants remained asymptomatic. In addition, repeated retesting of the positive plants several months after the initial test yielded negative PCR results. 4 Albrect, Ute and Kim D. Bowman. 2009. *Canidatus Liberibacter asiaticus and Huanglongbing Effects on Citrus Seeds and Seedlings.* HortScience 44: 1967-1973. Available at *http://ddr.nal.usda.gov/bitstream/10113/38868/1/IND44303043.pdf.* The other article 5 referenced by the commenter details an experiment that Hajivand Shokrollah conducted in order to determine the transmissibility of HLB through seed obtained from infected *Citrus reticulata* plants. As part of the experiment, Shokrollah tested 20 seedlings grown from such seed by using PCR analysis. While each seedling tested negative for HLB, we do not consider 20 plants, all of the same species, to be a large enough or varied enough sample size to yield conclusive results regarding disease transmission. 5 Shokrollah, Hajivand, *et al.* *Determination of the Presence of Huanglongbing in Seeds and Movement of the Pathogen in Citrus reticulata.* American Journal of Applied Sciences 6: 60: 1180-1185. Available at *http://www.allbusiness.com/medicine-health/disease-agents-vectors/13080162-1.html.* We acknowledge that all the studies referenced above suggest that the transmission of HLB via propagative seed is fundamentally different than its transmission via other vectors, such as budwood or Asian citrus psyllid: The bacterium is present in infected seedlings at low concentration levels, plants remain largely asymptomatic, and plants may test negative for the disease after initially testing positive. However, it is well-documented that the bacterium associated with HLB may be unevenly distributed throughout an infected plant, that the latency period for expression of symptoms may be pronounced, and that the manner in which those symptoms are expressed is influenced by a multitude of factors. Accordingly, because of the severity of HLB, in order for us to deregulate propagative seed as a host of the disease, we would need clear evidence that the disease cannot be transmitted via propagative seed or that infected seedlings cannot serve as vectors of the disease. Such evidence does not currently exist. Hence we are making no change to the interim rule in response to these comments. One commenter stated that hot water dips are effective in treating seed for HLB. However, the commenter failed to provide any evidence in support of this assertion. Comments Regarding CVC Transmission Through Propagative Seed In the preamble of the interim rule, our stated rationale for imposing prohibitions on the importation of seed of genera that are hosts of CVC was that there was also emerging evidence that propagative seed could transmit this disease. To that end, we cited a 2003 study 6 by W.B. Li *et al.* (referred to below as Li *et al.* ). 6 Li, W.B., W.D. Pria, Jr., P.M. Lacava, et al. Presence of *Xylella fastidiosa* in Sweet Orange Fruit and Seeds and Its Transmission to Seedlings. *Phytopathology* (Vol. 93, No. 8) 2003, 953-958. One commenter pointed out that Li *et al.* was conducted only on three subspecies of sweet oranges, did not evaluate disease transmission from seeds taken from asymptomatic fruit, and was aborted before conclusive findings could be drawn. The commenter therefore asserted that seed should not be regulated as a host of CVC until further research is conducted. The commenter is right in pointing out that Li *et al.* was aborted abruptly, because of a hurricane, and that only a study on three subspecies of sweet oranges was concluded by that time. However, CVC seed infection rates were greater than 22 percent for one subspecies evaluated in that study, and the transmission from seeds to seedlings was determined to be “efficient.” Moreover, research had begun on several other species, and was tending towards the results of the sweet orange study. Finally, we note that no studies have been conducted since 2003 that call into question the findings of Li *et al.* For these reasons, we have determined that Li *et al.'* s conclusion, that the study “demonstrated that [CVC] can be transmitted through seed to seedlings,” is correct, and constitutes a sufficient basis for the prohibitions in the interim rule. 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 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. Regulatory Flexibility Act This rule affirms an interim rule that amended the regulations governing the importation of nursery stock to prohibit the importation of propagative seed of several Rutaceae (citrus family) genera from certain countries where citrus greening or citrus variegated chlorosis

(CVC)is present. The interim rule also required propagative seed of these genera from all other countries to be accompanied by a phytosanitary certificate with an additional declaration that neither citrus greening nor CVC are known to occur in the country where the seed was produced. The action was necessary in order to prevent the introduction or dissemination of citrus greening or CVC within the United States. We have prepared a final regulatory flexibility analysis addressing the economic effects of the interim rule on small entities, as required by the Regulatory Flexibility Act. The analysis identifies importers of citrus seed as entities potentially affected by the interim rule. The full analysis may be viewed on the Regulations.gov Web site ( *see* ADDRESSES above for instructions for accessing Regulations.gov) or obtained from the person listed under FOR FURTHER INFORMATION CONTACT. 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. PART 319—FOREIGN QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 319 and that was published at 75 FR 17289-17295 on April 6, 2010. Done in Washington, DC, this 9th day of February 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-3367 Filed 2-14-11; 8:45 am]

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Affirmation of interim rule as final rule

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