[Federal Register: April 7, 2009 (Volume 74, Number 65)]
[Rules and Regulations]               
[Page 15640-15641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap09-2]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 318

[Docket No. APHIS-2007-0052]
RIN 0579-AC70

 
Revision of the Hawaiian and Territorial Fruits and Vegetables 
Regulations; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule that was published in the Federal Register on 
January 16, 2009 (74 FR 2770-2786, Docket No. APHIS-2007-0052), and 
effective on February 17, 2009, we revised the regulations governing 
the interstate movement of fruits and vegetables from Hawaii and the 
territories. Those regulations do not apply to articles whose 
interstate movement is regulated under the subpart governing the 
interstate movement of soil, sand, earth, and plants in growing media 
from Hawaii and the territories; we neglected to indicate that in the 
final rule. In this amendment, we are amending the regulations to 
clearly indicate that the interstate movement of soil, sand, earth, and 
plants in growing media is governed by the regulations specific to 
those articles.

DATES: Effective Date: April 7, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION:

Background

    In a final rule that was published in the Federal Register on 
January 16, 2009 (74 FR 2770-2786, Docket No. APHIS-2007-0052), and 
effective on February 17, 2009, we revised the regulations in 7 CFR 
part 318 that govern the interstate movement of fruits and vegetables 
from Hawaii and the territories. The final rule combined the three 
subparts in 7 CFR part 318 that governed the interstate movement of 
fruits, vegetables, cut flowers, and certain other articles from 
Hawaii, Puerto Rico and the U.S. Virgin Islands, and Guam, 
respectively, into ``Subpart--Regulated Articles From Hawaii and the 
Territories'' (Sec. Sec.  318.13-1 through 318.13-25) and established 
provisions for the interstate movement of those articles.
    Within that subpart, Sec.  318.13-1(b) contains a general statement 
that the Secretary of the U.S. Department of Agriculture has determined 
that it is necessary to prohibit the interstate movement of cut flowers 
and fruits and vegetables and plants and portions of plants from 
Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and the 
Commonwealth of the Northern Mariana Islands except as provided in the 
regulations or as provided in ``Subpart--Territorial Cotton, 
Cottonseed, and Cottonseed Products'' (Sec. Sec.  318.47 through 
318.47-4) in 7 CFR part 318. We provided the exception for ``Subpart--
Territorial Cotton, Cottonseed, and Cottonseed Products'' because the 
interstate movement of those plant parts is regulated under that 
subpart, rather than under the regulations for the interstate movement 
of fruits and vegetables.
    In addition, the regulations in ``Subpart--Sand, Soil, or Earth, 
with Plants from Territories and Districts'' provide for the interstate 
movement of certain plants--specifically, plants in approved growing 
media, conditions for whose movement are found in

[[Page 15641]]

Sec.  318.60(c). Therefore, in the final rule, we should have also 
included an exception for ``Subpart--Sand, Soil, or Earth, with Plants 
from Territories and Districts'' in Sec.  318.13-1(b). We are 
correcting that error in this technical amendment.

List of Subjects in 7 CFR Part 318

    Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and 
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin 
Islands.


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Accordingly, we are amending 7 CFR part 318 as follows:

PART 318--STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES

0
1. The authority citation for part 318 continues to read as follows:

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.


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2. In Sec.  318.13-1, paragraph (b) is amended by adding the words 
``and ``Subpart--Sand, Soil, or Earth, with Plants from Territories and 
Districts'''' after the word ``Products''''.

    Done in Washington, DC, this 1st day of April 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E9-7845 Filed 4-6-09; 8:45 am]

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