Federal Register: December 11, 2007 (Volume 72, Number 237)
DOCID: fr11de07-1 FR Doc E7-23944
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
CFR Citation: 7 CFR Part 305
Docket ID: [Docket No. APHIS-2006-0050]
NOTICE: RULES
DOCID: fr11de07-1
ACTION: Phytosanitary treatments:
DOCUMENT ACTION: Interim rule; correction.
SUBJECT CATEGORY:
Cold Treatment Regulations; Correction
DATES: Effective Date: December 11, 2007.
DOCUMENT SUMMARY:
We are correcting an error in the cold treatment regulations that resulted from the publication of an interim rule on July 2, 2007, that was effective on August 31, 2007, and the publication of a separate final rule on July 18, 2007, that was effective on August 17, 2007. Because the July 18 final rule reorganized the cold treatment regulations, changes we made in the July 2 interim rule inadvertently removed provisions relating to places for cold treatment and ports of entry from the regulations when the interim rule became effective on August 31, 2007. This correction amends the regulations by reinstating those provisions.
SUMMARY:
Cold treatment enclosures and requirements; correction,
SUPPLEMENTAL INFORMATION
In an interim rule \1\ titled ``Cold
Treatment Regulations'' and published in the Federal Register on July
2, 2007, with an effective date of August 31, 2007 (72 FR 3590935915,
Docket No. APHIS20060050), we amended 7 CFR 305.15 by making several
changes to the requirements for cold treatment enclosures and the requirements for conducting cold treatment.
\1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?mainDocketDetail&d=APHIS20060050 .
In a separate final rule \2\ titled ``Revision of Fruits and Vegetables Import Regulations'' and published in the Federal Register on July 18, 2007 and effective August 17, 2007 (72 FR 3948139528, Docket No. APHIS20050106), we revised and reorganized the regulations pertaining to the importation of fruits and vegetables to consolidate requirements of general applicability and eliminate redundant requirements, update terms and remove outdated requirements and references, update the regulations that apply to importations into territories under U.S. administration, and make various editorial and nonsubstantive changes to regulations to make them easier to use. \2\ To view the final rule, go to http://www.regulations.gov/fdmspublic/component/main?mainDocumentDetail&d=APHIS200501060060 .
As part of the July 18 final rule, we reorganized the cold treatment regulations in Sec. 305.15 by moving requirements that had previously been found in the regulations governing the importation of fruits and vegetables, specifically in Sec. 319.562d, to Sec. 305.15. The final rule moved into Sec. 305.15 all the provisions contained in Sec. 319.562d that were not already present in Sec. 305.15. The regulations were otherwise not amended. However, these changes necessitated a reorganization of the regulations in Sec. 305.15.
In a technical amendment \3\ that was effective and published in
the Federal Register on August 31, 2007 (72 FR 5020150204, Docket No.
APHIS20060050), we attempted to reconcile the July 2 interim rule and
the July 18 final rule to ensure that the changes in the July 2 interim
rule would appear correctly in the regulations as they had been
reorganized by the July 18 final rule. However, we overlooked one
aspect of their interaction. The July 2 interim rule amended paragraph
(b) of Sec. 305.15, which had included requirements for cold treatment
enclosures. The July 18 final rule moved these requirements to
paragraph (c) of the regulations, adding requirements for places of
treatment and ports of entry that had previously been contained in the
fruits and vegetables regulations to the cold treatment regulations as a new paragraph (b).
\3\ To view the technical amendment, go to http://www.regulations.gov/fdmspublic/component/main?mainDocketDetail&d=APHIS20060050 .
While the August 31 technical amendment correctly amended paragraph (c) to be consistent with the provisions of the interim rule, it did not specify that paragraph (b) should continue to read as it was established by the July 18 final rule. Thus, the July 2 interim rule amended paragraph (b) by removing the requirements for places of treatment and ports of entry, adding in their place the cold treatment enclosure provisions that the August 31 technical amendment had also added in paragraph (c). This document corrects that error by reinstating the requirements for places of treatment and ports of entry that had been established in paragraph (b) by the July 18 final rule. List of Subjects in 7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements.
Accordingly, 7 CFR part 305 is corrected by making the following correcting amendments:
PART 305PHYTOSANITARY TREATMENTS
1. The authority citation for 7 CFR part 305 continues to read as follows:
Authority: 7 U.S.C. 77017772 and 77817786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 305.15, revise paragraph (b) to read as follows: Sec. 305.15 Treatment requirements.
* * * * *
(b) Places of treatment; ports of entry. Precooling and
refrigeration may be performed prior to, or upon arrival of fruits and
vegetables in the United States, provided treatments are performed in
accordance with applicable requirements of this section. Fruits and
vegetables that are not treated prior to arrival in the United States
must be treated after arrival only in cold storage warehouses approved
by the Administrator and located in the area north of 39[deg] longitude
and east of 104[deg] latitude or at one of the following ports: The maritime ports of Wilmington, NC;
[[Page 70220]]
Seattle, WA; Corpus Christi, TX; and Gulfport, MS; SeattleTacoma International Airport, Seattle, WA; and HartsfieldAtlanta
International Airport, Atlanta, GA.
* * * * *
Done in Washington, DC, this 5th day of December 2007. Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E723944 Filed 121007; 8:45 am]
BILLING CODE 341034P
FOR FURTHER INFORMATION CONTACT
Dr. Inder P.S. Gadh, Senior Risk ManagerTreatments, Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 207371236; (301) 7348758.