2373 Author Evenhuis, Neal L. Author O’Hara, James E. Author Pape, Thomas Author Pont, Adrian C. text Zootaxa 2010 2010-02-26 2373 1 265 journal article 1175­5334 395 . Oxyna Robineau-Desvoidy , 1830 : 755 . ORIGINALLY INCLUDED SPECIES: Oxyna cinerea Robineau-Desvoidy, 1830 ; Oxyna flavescens Robineau- Desvoidy, 1830; Oxyna femoralis Robineau-Desvoidy, 1830 ; Oxyna maculata Robineau-Desvoidy, 1830 . TYPE SPECIES : Oxyna flavescens Robineau-Desvoidy, 1830 [preoccupied by Musca flavescens Fabricius, 1798 ; = Trypeta flavipennis Loew, 1844 ], by subsequent designation (Hendel, 1914: 96). CURRENT STATUS: Valid genus [ teste Norrbom et al . (1999: 179) ]. FAMILY: TEPHRITIDAE . REMARKS: Loew (1844: 368) proposed the replacement name Trypeta flavipennis for Oxyna flavescens Robineau-Desvoidy, 1830 because, at that time, both Robineau-Desvoidy’s name and Musca flavescens Fabricius, 1798 were being treated in the genus Trypeta ; they were thus secondary homonyms and the Fabrician name had priority. The ICZN Code Article 59.3 states: “A junior secondary homonym replaced before 1961 is permanently invalid unless the substitute name is not in use and the relevant taxa are no longer considered congeneric.” Although the nominal taxa are no longer congeneric, the replacement name Oxyna flavipennis (Loew) is currently in use so it cannot be replaced by the original name Oxyna flavescens Robineau-Desvoidy, 1830 . Orthographic note: Fabricius (1798: 565) used the spelling “ Musca flauescens ” for this nominal species. However, Fabricius (1799: 33) used the spelling “ Musca flavescens ”, which has since been the common spelling for the nominal species. Normally, virtually any intentional change in spelling from the original (apart from changes in gender endings caused by new combinations) is deemed an unjustified emendation. However, the ICZN Code Article 33.2.3.1 states that “when an unjustified emendation is in prevailing usage and is attributed to the original author and date, it is deemed to be a justified emendation”. Fabricius (1799) emended his flauescens to flavescens and retained the authorship and date. Because flavescens is in prevailing usage, it is deemed a justified emendation.