[Federal Register: December 11, 2007 (Volume 72, Number 237)]
[Rules and Regulations]
[Page 70219-70220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de07-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 70219]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 305
[Docket No. APHIS-2006-0050]
Cold Treatment Regulations; Correction
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule; correction.
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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.
DATES: Effective Date: December 11, 2007.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P.S. Gadh, Senior Risk
Manager--Treatments, Phytosanitary Issues Management, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD 20737-1236; (301) 734-8758.
SUPPLEMENTARY 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 35909-35915,
Docket No. APHIS-2006-0050), we amended 7 CFR 305.15 by making several
changes to the requirements for cold treatment enclosures and the
requirements for conducting cold treatment.
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\1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?main-DocketDetail&d=APHIS-2006-0050
.
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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 39481-39528,
Docket No. APHIS-2005-0106), 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.
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\2\ To view the final rule, go to http://www.regulations.gov/fdmspublic/component/main?main-DocumentDetail&d=APHIS-2005-0106-0060
.
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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. 319.56-2d, to Sec.
305.15. The final rule moved into Sec. 305.15 all the provisions
contained in Sec. 319.56-2d 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 50201-50204, Docket No.
APHIS-2006-0050), 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).
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\3\ To view the technical amendment, go to http://www.regulations.gov/fdmspublic/component/main?main-DocketDetail&d=APHIS-2006-0050
.
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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.
0
Accordingly, 7 CFR part 305 is corrected by making the following
correcting amendments:
PART 305--PHYTOSANITARY TREATMENTS
0
1. The authority citation for 7 CFR part 305 continues to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
0
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; Seattle-Tacoma
International Airport, Seattle, WA; and Hartsfield-Atlanta
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. E7-23944 Filed 12-10-07; 8:45 am]
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