Unknown. Final rule
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/register/2012/10/01/2012-24112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2012-10-01.xml --- 77 190 Monday, October 1, 2012 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Business-Cooperative Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Application to Transport Interstate or Temporarily Export Certain National Firearms Act Firearms, 59979 C1--2012--23465 Animal Animal and Plant Health Inspection Service RULES Quarantine and Interstate Movement of Citrus Greening and Asian Citrus Psyllid, 59709-59712 2012-24112 NOTICES Charter Renewals: General Conference Committee of the National Poultry Improvement Plan, 59888 2012-24109 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Children Children and Families Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Tracking of Early Head Start Research and Evaluation Project Sample, 59925-59926 2012-24032 Coast Guard Coast Guard RULES Safety Zones: Submarine Cable Installation Project, Chicago River, Chicago, IL, 59749-59751 2012-24183 Shipping and Transportation; Technical, Organizational, and Conforming Amendments, 59768-59790 2012-23551 Special Local Regulations for Marine Events: San Francisco Bay Navy Fleet Week Parade of Ships and Blue Angels, 59749 2012-24044 PROPOSED RULES Special Load Line Exemption for the Gulf of Mexico, 59881-59882 2012-23883 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59889 2012-24041 Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Amendment of Limitation of Duty- and Quota-Free Imports: Apparel Articles Assembled in Beneficiary ATPDEA Countries From Regional Country Fabric, 59913 2012-24137 Limitations of Duty- and Quota-Free Imports: Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries from Regional and Third-Country Fabric, 59913-59914 2012-24122 Drug Drug Enforcement Administration NOTICES Established Aggregate Production Quotas for Schedule I and II Controlled Substances and Established Assessment of Annual Needs for the List I Chemicals:
Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2013, 59980-59983 2012-24089 Economic Development Economic Development Administration NOTICES Petitions for Determination of Eligibility to Apply for Trade Adjustment Assistance, 59889-59890 2012-24052 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59914 2012-24060 Election Election Assistance Commission NOTICES Proposed Requirements for Version 1.1 of Voluntary Voting System Guidelines, 59914-59916 2012-24029 Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration:
Fasco, a division of Regal Beloit Corp., Eldon, MO, 59983-59984 2012-24056 Sunoco, Inc., Marcus Hook, Lester and Philadelphia, PA, 59984 2012-24058 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Placement Verification and Follow-up of Job Corps Participants, 59984-59985 2012-24084 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: General Motors Vehicle Manufacturing, et al., Shreveport, LA, 59986 2012-24061 Healthcare Corporation of America, et al., Cottonwood Heights, UT, 59985-59986 2012-24059 Johnson Controls, North American Refrigeration, Dixon, IL, 59986 2012-24057 Changes in Eligibility for Unemployment Insurance:
Claimants in New York in Emergency Unemployment Compensation 2008 Program, etc., 59986-59987 2012-24085 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 59987-59989 2012-24055 List of Labor Surplus Areas for Fiscal Year 2013, 59989-59990 2012-24086 Meetings: Workforce Investment Act; Native American Employment and Training Council, 59990-59991 2012-23952 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Energy Conservation Program:
Energy Conservation Standards for Dishwashers, 59712-59718 2012-23953 Energy Conservation Standards for Residential Clothes Washers, 59719-59725 2012-23960 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Program for Consumer Products: Waiver to BSH Corp. from Residential Dishwasher Test Procedure, 59916-59919 2012-24092 2012-24093 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:
Ohio; PBR and PTIO, 59751-59755 2012-23987 Approvals and Promulgations of Implementation Plans: Alabama; Infrastructure Requirements for 1997 and 2006 Fine Particulate Matter NAAQ Standards, 59755-59758 2012-23989 Incorporation by Reference of Approved State Hazardous Waste Management Programs: Idaho, 59758-59762 2012-23972 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Ohio; PBR and PTIO, 59879 2012-23983 Incorporation by Reference of Approved State Hazardous Waste Management Programs:
Idaho, 59879-59880 2012-23976 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59922-59923 2012-24053 2012-24054 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 59732-59735 2012-23393 Fokker Services B.V. Airplanes, 59726-59728 2012-23052 The Boeing Company Airplanes, 59728-59732 2012-23049 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 59735-59739 2012-23554 2012-23557 PROPOSED RULES Airworthiness Directives:
Cessna Aircraft Company Airplanes; Initial Regulatory Flexibility Analysis, 59873-59875 2012-24129 NOTICES Meetings: Aviation Rulemaking Advisory Committee, Transport Airplane and Engine Issues, 60005 2012-24203 Schedule of Charges Outside the United States, 60005-60006 2012-23954 Federal Communications Federal Communications Commission PROPOSED RULES Radio Broadcasting Services: Tignall, GA, 59882-59883 2012-24139 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59923 2012-24049 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Disclosure by Banks, 59924 2012-24047 Terminations of Receiverships: First Bank of Kansas City, Kansas City, MO, 59924 2012-24048 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 59924-59925 2012-24232 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 59767-59768 2012-24000 Suspensions of Community Eligibility, 59762-59767 2012-23990 2012-24027 PROPOSED RULES Flood Elevation Determinations:
Coos County, OR, and Incorporated Areas, 59880 2012-24008 McCleary, WA, 59880-59881 2012-23951 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59948-59949 2012-23994 Changes in Flood Hazard Determinations, 59949-59959 2012-24016 2012-24018 2012-24023 2012-24024 Major Disaster Declarations: Louisiana; Amendment No. 12, 59959 2012-24026 Federal Energy Federal Energy Regulatory Commission RULES Delegations of Authority: Electric Reliability Organization's Budget, Delegation Agreement, and Policy and Procedure Filings, 59745-59747 2012-24104 Revision to Form No. 6, 59739-59745 2012-23806 NOTICES Combined Filings, 59920-59921 2012-23945 2012-23946 2012-24042 Environmental Site Reviews:
Wisconsin Public Service Corp., 59921-59922 2012-24105 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Park Power LLC, 59922 2012-23947 Federal Highway Federal Highway Administration PROPOSED RULES Environmental Impact and Related Procedures, 59875-59878 2012-23916 Federal Motor Federal Motor Carrier Safety Administration RULES Statutory Amendments Affecting Transportation of Agricultural Commodities and Farm Supplies, 59840-59842 2012-24106 Technical, Organizational, and Conforming Amendments, 59818-59829 2012-23758 NOTICES Hours of Service of Drivers:
Trailways Companies Application for Exemption, 60006-60007 2012-24138 Meetings: Medical Review Board Public Meeting, 60007-60008 2012-24146 Qualifications of Drivers; Exemption Applications; Vision, 60008-60012 2012-24141 2012-24143 Federal Trade Federal Trade Commission NOTICES Proposed Consent Orders: ABCSP, Inc., 59925 C1--2012--23413 CarePatrol, Inc., 59925 C1--2012--23412 Federal Transit Federal Transit Administration PROPOSED RULES Environmental Impact and Related Procedures, 59875-59878 2012-23916 Financial Crimes Financial Crimes Enforcement Network RULES Repeal of Imposition of Special Measures Against Myanmar Mayflower Bank and Asia Wealth Bank, 59747-59748 2012-23995 NOTICES Privacy Act;
Systems of Records, 60014-60022 2012-24017 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species Permit Applications, 59959-59961 2012-24116 Endangered Species Permit Applications, 59961-59962 2012-24094 Final Comprehensive Conservation Plans: John Heinz National Wildlife Refuge at Tinicum, Delaware and Philadelphia Counties, PA, 59962-59963 2012-24046 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Guidance; Emergency Use Authorization of Medical Products, 59926-59928 2012-24043 Draft Guidance for Industry; Availability: Developing Drugs for Treatment of Complicated Intra-Abdominal Infections, 59928-59929 2012-24036 Guidance for Industry; Availability: Developing Antimicrobial Drugs for Treatment of Acute Bacterial Exacerbations of Chronic Bronchitis in Patients With Chronic Obstructive Pulmonary Disease, 59929-59930 2012-24035 Public Workshops: Clinical Development Programs for Disease-Modifying Agents for Peripheral Neuropathy, 59930-59931 2012-24037 Foreign Assets Foreign Assets Control Office NOTICES Supplemental Identification Information for One
(1)individual Designated Pursuant to Executive Order, 60022 2012-23980 Foreign Trade Foreign-Trade Zones Board NOTICES Authorizations of Production Activity: Gulf Ship, LLC, Foreign-Trade Zone 92. Gulfport, MS, 59890 2012-24135 Reorganizations and Expansions under Alternative Site Framework: Foreign-Trade Zone 220, Sioux Falls, SD, 59890-59891 2012-24128 Reorganizations under Alternative Site Framework: Foreign-Trade Zone 107, Polk County, IA, 59891 2012-24125 Foreign-Trade Zone 129, Bellingham, WA, 59891 2012-24132 Forest Forest Service NOTICES Meetings: National Urban and Community Forestry Advisory Council, 59888 2012-24025 General Services General Services Administration RULES Acquisition Regulations: Rewrite of Part 504; Administrative Matters, 59790-59793 2012-24028 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application/Permit for Use of Space in Public Buildings and Grounds, GSA Form 3453, 59925 2012-24140 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Award of Single Source Program Expansion Supplement: Area Health Education Centers Program Grantee, University of Guam School of Nursing, 59931 2012-24102 Nurse Education, Practice, Quality and Retention Program, Texas A and M University, 59931-59932 2012-24101 Single Source Awards: Texas Area Health Education Centers East, University of Texas Medical Branch, 59932 2012-24103 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Extension of Employment Authorization: Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship Due to 2010 Earthquake, 59942-59943 2012-23825 Extension of the Designation of Haiti for Temporary Protected Status, 59943-59948 2012-23826 Indian Affairs Indian Affairs Bureau NOTICES Preliminary Plan for Distribution of Judgment Funds to the Loyal Mdewakantons, 59963-59967 2012-24120 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Weapons Convention Declaration and Report Handbook and Forms, 59891-59892 2012-24063 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Additional Requirements for Charitable Hospitals: Public Hearings, 59878-59879 2012-24115 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60022-60026 2012-23967 2012-23971 2012-23974 Requests for Applicants or Nominations: Advisory Committee on Tax Exempt and Government Entities, 60026 2012-24021 International Trade Adm International Trade Administration NOTICES Affirmative Final Determinations of Circumvention of Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from Mexico, 59892-59893 2012-24110 Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations: Advance Notification of Sunset Reviews, 59895-59896 2012-24121 Opportunity to Request Administrative Review, 59894-59895 2012-24123 Final Results of Expedited Sunset Reviews of Antidumping Duty Orders: Honey from the People's Republic of China, 59896-59897 2012-24108 Initiation of Five-Year Sunset Reviews, 59897-59899 2012-24099 U.S. Multi-Sector Trade Mission to South India and Sri Lanka, 59899 2012-24153 International Trade Com International Trade Commission NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Welded Large Diameter Line Pipe from Japan, 59973-59975 2012-23793 Silicomanganese from India, Kazakhstan, and Venezuela, 59970-59973 2012-23794 Antidumping Duty Orders; Five-Year Reviews; Institutions, Results, Extensions, Amendments, etc.: Certain Folding Metal Tables and Chairs from China, 59975-59978 2012-23801 Complaints: Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same, 59978-59979 2012-24030 Investigations; Terminations, Modifications and Rulings: Pure Magnesium (Granular) From China, 59979 2012-24031 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee, 59979 2012-23977 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau Labor Statistics Labor Statistics Bureau NOTICES Meetings: Data Users Advisory Committee, 59991 2012-24083 Land Land Management Bureau NOTICES Filings of Plats of Surveys: California, 59967 2012-24134 Meetings: Northeast California Resource Advisory Council, 59968 2012-24124 Northwest California Resource Advisory Council, 59967 2012-24133 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 59991-59992 2012-24117 National Foundation National Foundation on the Arts and the Humanities NOTICES Humanities Medal Design Competition Under the America COMPETES Reauthorization Act of 2010, 59992-59994 2012-24111 National Highway National Highway Traffic Safety Administration RULES List of Nonconforming Vehicles Decided to be Eligible for Importation, 59829-59840 2012-23840 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 59933-59936, 59938-59939 2012-24014 2012-24015 2012-24065 2012-24066 2012-24072 National Cancer Institute, 59934-59935 2012-24011 2012-24012 National Center for Advancing Translational Sciences, 59934, 59937-59938 2012-24013 2012-24067 National Heart, Lung, and Blood Institute, 59935, 59939-59940 2012-24006 2012-24007 2012-24009 National Human Genome Research Institute, 59933 2012-24010 National Institute of Allergy and Infectious Diseases, 59937-59940 2012-24004 2012-24005 2012-24068 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 59937 2012-24069 National Institute of Diabetes and Digestive and Kidney Diseases, 59940-59941 2012-24003 National Institute of General Medical Sciences, 59936-59937 2012-24070 2012-24071 National Institute of Neurological Disorders and Stroke, 59939 2012-24002 National Institute of Nursing Research, 59941 2012-24001 Prospective Grants of Exclusive Licenses: Terahertz Scanning Systems for Cancer Pathology, 59941-59942 2012-24022 Senior Executive Service 2012 Performance Review Board Members, 59942 2012-24150 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: 2006 Consolidated Highly Migratory Species Fishery Management Plan; Amendment 4, 59842-59852 2012-24136 Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Management Area; Amendment 97, 59852-59872 2012-24100 PROPOSED RULES Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Atlantic Sea Scallop Fishery; Emergency Action, 59883-59887 2012-24160 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coastal Zone Management Act Walter B. Jones and NOAA Excellence Awards, 59899-59900 2012-24051 Meetings: Gulf of Mexico Fishery Management Council, 59901-59902 2012-23958 Marine Fisheries Advisory Committee, 59901 2012-24159 North Pacific Fishery Management Council, 59900-59901 2012-23955 2012-23956 Western Pacific Fishery Management Council, 59902-59904 2012-23957 Takes of Marine Mammals Incidental to Specified Activities: Pile Driving for Honolulu Seawater Air Conditioning Project, 59904-59911 2012-24155 National Park National Park Service NOTICES Intents to Repatriate Cultural Items: Stanford University Archaeology Center, Stanford, CA, 59968-59969 2012-24090 Inventory Completions: San Francisco State University, Department of Anthropology, San Francisco, CA; Correction, 59969-59970 2012-24091 Meetings: Cape Cod National Seashore Advisory Commission, 59970 2012-24126 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Renewals: Nuclear Fuel Services, Inc., Erwin, TN, 59994 2012-24148 Patent Patent and Trademark Office NOTICES Requests for Special Programs: Law School Clinic Certification Patent Pilot Program, 59911-59913 2012-24113 Public Debt Public Debt Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60026-60027 2012-24062 Research Innovative Research and Innovative Technology Administration NOTICES Funding Availabilities: University Transportation Centers Program, 60012-60014 2012-24114 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59888-59889 2012-24020 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange Inc., 60000-60002 2012-24039 NYSE Arca, Inc., 59995-59998 2012-24040 The Options Clearing Corp., 59998-60000 2012-24038 Suspension of Trading Orders: Diomed Holdings, Inc., Dominion Minerals Corp., et al., 60002 2012-24197 Small Business Small Business Administration NOTICES Disaster Declarations: Alabama, 60003-60004 2012-24147 Louisiana; Amendment 1, 60002-60003 2012-24088 New Jersey, 60003 2012-24127 Ohio, 60003 2012-24145 Pennsylvania, 60004 2012-24142 West Virginia, 60002 2012-24087 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Wtewael's Adam and Eve, 60004 2012-24149 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration RULES Prioritization and Allocation Authority Exercised by Secretary of Transportation under Defense Production Act, 59793-59818 2012-23789 NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 60004-60005 2012-24074 2012-24075 Treasury Treasury Department See Financial Crimes Enforcement Network See Foreign Assets Control Office See Internal Revenue Service See Public Debt Bureau Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Deposit Enrollment, 60027-60028 2012-24077 Notice of Disagreement, 60027 2012-24076 Pre-Discharge Compensation Claim, 60028 2012-24078 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. 77 190 Monday, October 1, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2008-0015] RIN 0579-AC85 Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are adopting as a final rule, with several changes, an interim rule that quarantined the States of Florida and Georgia, Puerto Rico, the U.S. Virgin Islands, two parishes in Louisiana, and two counties in South Carolina due to the presence of citrus greening and quarantined Alabama, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, Puerto Rico, Texas, the U.S. Virgin Islands, three counties in South Carolina, portions of one county in Arizona, and all of three and portions of an additional three counties in California due to the presence of Asian citrus psyllid (ACP), a vector of the bacterial pathogen that causes citrus greening. The rule also established restrictions on the interstate movement of regulated articles from the quarantined areas. In this final rule, we are making several nonsubstantive editorial amendments to the interim rule to improve its clarity and facilitate regulatory compliance. This final rule also provides notice that we have quarantined American Samoa and the Northern Mariana Islands for ACP, have extended the boundaries of the quarantined area for ACP in California to incorporate all of one and portions of another additional county, and have quarantined portions of one county in Texas and an area comprising portions of two counties in California for citrus greening. DATES: Effective October 31, 2012. FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, National Program Manager, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 160, Riverdale, MD 20737;
(301)851-2286. SUPPLEMENTARY INFORMATION: Background Citrus greening, also known as Huanglongbing disease of citrus, is considered to be one of the most serious citrus diseases in the world. Citrus greening is a bacterial disease caused by strains of the bacterial pathogen “ *Candidatus* Liberibacter asiaticus” that attacks the vascular system of host plants. The pathogen is 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. Citrus greening greatly reduces production, destroys the economic value of the fruit, and can kill trees. Once infected, there is no cure for a tree with citrus greening disease. 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. The bacterial pathogen causing citrus greening can be transmitted by grafting and, under laboratory conditions, by parasitic plants. There also is some evidence that seed transmission may occur. The pathogen can also be transmitted by two insect vectors in the family *Psyllidae: Diaphorina* *citri* Kuwayama, the Asian citrus psyllid (ACP), and *Trioza erytreae* (del Guercio), the African citrus psyllid. ACP can also cause economic damage to citrus in groves and nurseries by direct feeding. Both adults and nymphs feed on young foliage, depleting the sap and causing galling or curling of leaves. High populations feeding on a citrus shoot can kill the growing tip. The African citrus psyllid is not known to exist in the United States. In an interim rule 1 published in the **Federal Register** and effective on June 17, 2010 2 (75 FR 34322-34336, Docket No. APHIS-2008-0015), we amended our domestic quarantine regulations in 7 CFR part 301 by adding a new subpart, “Citrus Greening and Asian Citrus Psyllid” (§§ 301.76 through 301.76-11, referred to below as the regulations). The interim rule quarantined the States of Florida and Georgia, Puerto Rico, the U.S. Virgin Islands, two parishes in Louisiana, and two counties in South Carolina due to the presence of citrus greening and quarantined Alabama, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, Puerto Rico, Texas, the U.S. Virgin Islands, three counties in South Carolina, portions of one county in Arizona, and all of three and portions of an additional three counties in California due to the presence of Asian citrus psyllid (ACP), a vector of the bacterial pathogen that causes citrus greening. The interim rule also established restrictions on the interstate movement of regulated articles from the quarantined areas. The interim rule was necessary on an emergency basis in order to prevent the spread of the plant pathogen and its vector to noninfested areas of the United States. 1 To view the interim rule, its supporting and related materials, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0015* . 2 Section 301.76-4 of that rule was effective on September 15, 2010, rather than June 17, 2010. We solicited comments concerning the interim rule for 60 days, ending August 16, 2010. We received five comments by that date, from State departments of agriculture, commercial citrus nurseries, and a commercial distributor of citrus plants. The comments received are discussed below, by topic. Regulated Articles In § 301.76-2 of the interim rule, we designated all plant parts, including leaves (except fruit), of several genera and species, including *Murraya paniculata* (orange jasmine), as regulated articles for ACP and citrus greening. One commenter agreed that orange jasmine is a host of ACP and citrus greening. Moreover, the commenter stated that recent studies conducted by American, Brazilian, and Chinese phytopathologists have determined that orange jasmine that is infected with citrus greening may spread the disease to other plants if ACP serves as the means of transmission. However, the commenter stated that the same researchers had also found titer levels of the bacterial pathogen associated with citrus greening in these newly infected plants to be low, and to decrease over time. (Titers are antibodies for a particular pathogen that are present within an organism's vascular system.) For this reason, the commenter suggested that APHIS should reevaluate whether to consider orange jasmine a regulated article for citrus greening. We agree with the commenter that recent studies suggest that, if citrus greening is transmitted from an orange jasmine plant to other host plants, these host plants do not exhibit high densities of the bacterial pathogen associated with the disease. However, the preponderance of available scientific evidence, including the evidence cited by the commenter, suggests that orange jasmine can serve as a source of transmission of citrus greening. Hence we are making no change to the regulations in response to this comment. Labeling Requirements In § 301.76-4 of the interim rule, in order to forestall the inadvertent but unauthorized noncommercial interstate movement of regulated nursery stock from an area quarantined for citrus greening, we required all nursery stock offered for commercial sale in such an area to be affixed with a plastic or metal tag with a prominent and legible statement alerting consumers to Federal prohibitions on the movement of the article. Alternatively, if the article is sold in a box or container, we allowed the statement to be printed on the box or container. We stated that the operator of the site of propagation of the nursery stock and the person offering the plants for commercial sale are jointly responsible for all such labeling. One commenter stated that we should allow the statement to be printed on the back of existing identification tags required under State and local regulations. Provided that the statement is prominently and legibly displayed, it may be printed on the back of such tags. Another commenter pointed out that, as written, § 301.76-4 would require nursery stock produced in an area that is not quarantined for citrus greening, but shipped to a quarantined area for commercial sale, to be labeled prior to shipment or to be labeled by the person offering the plant for commercial sale. The commenter stated that commercial retailers of citrus nursery stock are unlikely to label their inventory; hence, it would fall to producers to label the nursery stock prior to shipment. The commenter further stated that smaller producers in the citrus industry often do not know the final destination of their nursery stock prior to shipment. The commenter concluded that § 301.76-4 would effectively require such producers to label their entire inventory, unless they were certain the nursery stock would not be shipped to an area quarantined for citrus greening. Accordingly, the commenter suggested that we modify the section so that all producers who ship regulated nursery stock interstate would have to label their plants, or so that the requirement would pertain to regulated nursery stock that is produced within an area quarantined for citrus greening, rather than offered for commercial sale within such an area. Requiring all regulated nursery stock that will be moved in interstate commerce to be labeled in accordance with § 301.76-4 would place an undue burden on producers in areas that are not quarantined for citrus greening who ship primarily or exclusively to areas of the United States that also are not quarantined for this disease, and lacks a basis in risk. Nursery stock that is offered for commercial sale in an area quarantined for citrus greening may not be safeguarded in a manner that precludes citrus greening from being introduced to the plants; this risk of introduction is especially pronounced for nursery stock offered for sale in an area quarantined both for citrus greening and for ACP, citrus greening's vector for short-distance spread. Accordingly, a regulated plant that was produced in an area that is not quarantined for citrus greening may become infected with the disease while it is being offered for commercial sale within such a quarantined area. Hence we consider it necessary to require that all consumers who purchase the regulated nursery stock within the quarantined area be alerted to Federal prohibitions on the interstate movement of the articles. Finally, we appreciate the commenter's concern that commercial retailers may be disinclined to label such nursery stock in accordance with § 301.76-4. To that end, we have been working with commercial retailers since issuance of the interim rule to find methods to ensure that means exist for the retailers to comply with the provisions of § 301.76-4 in a manner that is not economically burdensome or disruptive. Conditions for Interstate Movement Section 301.76-6 of the interim rule contained regulations governing the interstate movement of regulated articles from areas quarantined for ACP, but not for citrus greening. Paragraph
(b)provides for the issuance of limited permits for the interstate movement of regulated nursery stock to areas of the United States other than American Samoa, Northern Mariana Islands, and those portions of Arizona, California, and South Carolina not quarantined due to the presence of ACP or citrus greening, if certain conditions were fulfilled. One of these conditions was that the nursery stock be treated for ACP with an APHIS-approved soil drench or in-ground granular application no more than 30 days and no fewer than 20 days before shipment, followed by an APHIS-approved foliar spray no more than 10 days before shipment. Treatments must be applied according to their Environmental Protection Agency
(EPA)label, including directions on application, restrictions on place of application and other restrictions, and precautions, and including statements pertaining to worker protection standards. The interim rule also required the nursery stock to be moved in a container sealed with an agricultural seal placed by an inspector. Several commenters stated that these conditions unnecessarily hindered interstate commerce. Two commenters pointed out that, in requiring application of soil drenches or granular applications no more than 30 days and no fewer than 20 days before shipment of articles, we were providing a 10-day timeframe for such application. The commenters stated that this timeframe was insufficient for smaller producers, who often did not know the expected date of interstate movement of an article that far in advance. While recognizing the need for optimal absorption of the soil drench, the commenters requested a longer window of time for the application of that treatment. The same commenters also stated that, by requiring the articles to be sealed in a shipping container and inspectors to seal each container with an agricultural seal prior to movement, we were, in effect, limiting shipment of the articles to normal business hours (8 a.m. to 4:30 p.m., Monday through Friday). The commenters stated that their shipments traditionally have tended to occur overnight or in the early morning. Because of these economic considerations, the commenters questioned whether the conditions were strictly necessary, especially for nursery stock that is not destined for an area in which ACP could become established. The points raised by these commenters were addressed in an interim rule published in the ** Federal Register ** and effective on April 27, 2011 (76 FR 23449-23459, Docket No. APHIS-2010-0048). In that rule, we amended the regulations to provide that soil drenches may be applied no more than 90 but no less than 30 days prior to shipment, thus widening the window of time for applications to 60 days. We also amended the regulations to provide that nursery stock does not have to be moved interstate in a sealed shipping container unless it will transit a commercial citrus-producing area. Miscellaneous Changes We are making several nonsubstantive editorial amendments to various provisions of the June 2009 interim rule in order to improve their clarity and facilitate regulatory compliance. These changes are described below. In § 301.76-1 of the interim rule, we defined *citrus greening* as “a plant disease caused by several strains of the uncultured, phloem-limited bacterial pathogen ` *Candidatus* Liberibacter asiaticus'.” This definition, while accurate, did not specify that citrus greening is also commonly referred to as Huanglongbing disease of citrus by the international taxonomic community. We are amending the definition to specify that the disease is known by both names. In the interim rule, paragraph
(a)of § 301.76-6 provided for the issuance of certificates for the unrestricted movement of any regulated article from an area quarantined only for ACP, if, among other conditions, the article was treated with methyl bromide prior to movement. While the preamble of the rule noted that EPA and State and local environmental authorities may not authorize the use of methyl bromide on certain regulated articles, the regulatory text for paragraph
(a)of § 301.76-6 did not. We are adding a footnote containing this information to paragraph (a). As we mentioned above, in the interim rule, paragraph
(b)of § 301.76-6 provided for the issuance of limited permits for the interstate movement of regulated nursery stock from an area quarantined only for ACP, subject to certain conditions. As we also mentioned above, one of these conditions required the nursery stock to be affixed prior to movement with a plastic or metal tag on which the statement “Limited permit: USDA-APHIS-PPQ. Not for distribution in American Samoa, Northern Mariana Islands, or those portions of AZ, CA, and SC not quarantined due to the presence of Asian citrus psyllid or citrus greening” is prominently and legibly displayed, or to be otherwise labeled with this statement. We stated that the limited permit statement was necessary in order to help prevent the introduction of ACP into areas with commercial citrus production but without established populations of ACP through the movement of regulated nursery stock. However, since the interim rule was issued, established populations of ACP have been detected in two additional commercial citrus-producing areas, Northern Mariana Islands and American Samoa. In the April 2011 interim rule mentioned earlier in this document, we amended the regulations governing the statement on the limited permit to reflect the presence of ACP in American Samoa. In this final rule, we are again amending it to reflect the presence of ACP in Northern Mariana Islands. In the interim rule, § 301.76-7 provided for the issuance of limited permits from areas quarantined for citrus greening. Paragraph
(a)of § 301.76-7 provided for the issuance of limited permits for the interstate movement of regulated nursery stock for immediate export, if, among other conditions, the nursery stock is treated with an APHIS-approved soil drench or in-ground granular application, followed by an APHIS-approved foliar spray; with methyl bromide; or with irradiation. We intended these treatment options to mirror those contained in § 301.76-6 for regulated nursery stock moved interstate from an area quarantined only for ACP. However, while § 301.76-6 authorized regulated nursery stock to be treated with APHIS-approved soil drenches, granular applications, and foliar sprays, or fumigated with methyl bromide, it did not authorize nursery stock to be treated with irradiation. We are amending § 301.76-7 accordingly. (The April 2011 interim rule referenced above redesignated paragraph
(a)as paragraph (b); hence we would amend paragraph
(b)of § 301.76-7.) Notice of Quarantine In § 301.76-3 of the interim rule, paragraph
(c)provided that a State or territory within the United States will be designated a quarantined area for ACP in which an established population of ACP has been detected. Paragraph
(b)of § 301.76-3 provided that we may designate less than an entire State or territory as a quarantined area for ACP if the State or territory has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by the regulations on the interstate movement of regulated articles; and if the designation of less than the entire State or territory will still prevent the interstate spread of ACP. As we mentioned above, we have detected established populations of ACP in American Samoa and Northern Mariana Islands; neither of these territories has adopted intra-territorial restrictions on the movement of regulated articles. We have also detected established populations of ACP in Ventura County and Santa Barbara County, CA, and detected citrus greening in portions of Hidalgo County, TX, and an area comprising portions of Los Angeles County and Orange County, CA. Accordingly, we are designating both American Samoa and Northern Mariana Islands, in their entireties, as quarantined areas for ACP, and are expanding the quarantined area for ACP in California to include Ventura County in its entirety and portions of Santa Barbara County. We are also designating portions of Hidalgo County, TX, and an area comprising portions of Los Angeles County and Orange County, CA, as quarantined areas for citrus greening. The updated list of quarantined areas is available on the Internet, at *http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/index.shtml.* Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule, with the changes discussed in this document. This final rule also affirms the information contained in the interim rule regarding 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 Orders 12866, and, therefore, has not been reviewed by the Office of Management and Budget. Regulatory Flexibility Act This final rule follows an interim rule that quarantined the States of Florida and Georgia, Puerto Rico, the U.S. Virgin Islands, two parishes in Louisiana, and two counties in South Carolina due to the presence of citrus greening and quarantined Alabama, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, Puerto Rico, Texas, the U.S. Virgin Islands, three counties in South Carolina, portions of one county in Arizona, and all of three and portions of an additional three counties in California due to the presence of Asian citrus psyllid, a vector of the bacterial pathogen that causes citrus greening. In this final rule, the list of quarantined areas for Asian citrus psyllid is being updated to include American Samoa, the Northern Mariana Islands, and all of one and portions of another additional county in California. Likewise, the list of quarantined areas for citrus greening is being updated to include portions of one county in Texas and an area comprising portions of two counties in California. The analysis that accompanies this rule considers the economic effects of the regulations on the current quarantined area and the benefits of imposing the quarantine. Expected benefits and costs are examined, in accordance with Executive Orders 12866 and 13563, including expected economic impacts for small entities as required by the Regulatory Flexibility Act. In the interim rule, APHIS imposed measures to prevent the spread of citrus greening and ACP to other commercial citrus-producing areas by prohibiting or restricting the movement of host material outside of areas quarantined for the pest or the disease. Although the majority of affected establishments in the quarantined areas are small entities, the effects of the interim rule on these businesses were minor. Affected entities were nursery operations and other production sites in Alabama, California, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, Puerto Rico, South Carolina, Texas, and the U.S. Virgin Islands that produce citrus trees, orange jasmine, curryleaf, and other articles regulated by the rule. This final rule designates American Samoa and the Northern Mariana Islands as quarantined areas for ACP, and extends the boundaries of the quarantine area for ACP in California to include all of one county (Ventura County) and portions of another additional county (Santa Barbara County). Producers in these areas that have relied on markets in commercial citrus-producing areas that are not currently quarantined for ACP or citrus greening will suffer the loss of those markets. However, it is unlikely that producers of citrus nursery stock in these areas currently produce citrus nursery stock intended for markets outside of the quarantine area. The effort to mitigate the further spread of ACP and citrus greening will serve to benefit to other citrus producing areas. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, the interim rule amending 7 CFR parts 301 and 305 that was published at 75 FR 34322 on June 10, 2011, is adopted as a final rule, with the following changes: 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). 2. In § 301.76-1, the definition of citrus greening is revised to read as follows: § 301.76-1 Definitions. *Citrus greening.* A plant disease, also commonly referred to as Huanglongbing disease of citrus, that is caused by several strains of the uncultured, phloem-limited bacterial pathogen “ *Candidatus* Liberibacter asiaticus”. §§ 301.76-6, 301.76-7, 301.76-8, and 301.76-9 [Amended] 3. In §§ 301.76-6, 301.76-7, 301.76-8, and 301.76-9, footnotes 3 through 7 are redesignated as footnotes 4 through 8, respectively. 4. Section 301.76-6 is amended as follows: a. In paragraph (a)(1), by adding a footnote 3; and b. In paragraph (c)(1)(iv), by removing the words “Northern Mariana Islands or”. The addition reads as follows: § 301.76-6 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quarantined for Asian citrus psyllid, but not for citrus greening.
(a)* * *
(1)The article is treated with methyl bromide 3 in accordance with 7 CFR part 305 of this chapter. 3 EPA and State and local environmental authorities may restrict the use of methyl bromide on certain articles. § 301.76-7 [Amended] 5. In § 301.76-7, paragraph (b)(1) is amended by removing the words “or irradiation”. Done in Washington, DC, this 26th day of September 2012. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2012-24112 Filed 9-28-12; 8:45 am]
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U.S. Code
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- 7 CFR 301
- 7 USC 7701-7772
- 7 CFR 2.22
- Pub. L. 106-113
- Pub. L. 106-224
- 114 Stat. 400
- 7 CFR 305
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Cite7 CFR 301
Cite7 USC 7701-7772
Cite7 CFR 2.22
Pub. L.Pub. L. 106-113
Pub. L.Pub. L. 106-224
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