[Federal Register Volume 72, Number 140 (Monday, July 23, 2007)]
[Rules and Regulations]
[Pages 40061-40062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14163]



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Rules and Regulations
                                                Federal Register
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to and codified in the Code of Federal Regulations, which is published 
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Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Rules 
and Regulations

[[Page 40061]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0151]


Oriental Fruit Fly; Removal of Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Oriental fruit fly regulations by removing 
the Santa Ana area of Orange County, CA, from the list of quarantined 
areas and removing restrictions on the interstate movement of regulated 
articles from that area. This action is necessary to relieve 
restrictions that are no longer needed to prevent the spread of the 
Oriental fruit fly into noninfested areas of the United States. We have 
determined that the Oriental fruit fly has been eradicated from this 
portion of Orange County, CA, and that the quarantine and restrictions 
are no longer necessary. The Santa Ana area of Orange County, CA, was 
the last remaining area in California quarantined for Oriental fruit 
fly. Therefore, as a result of this action, there are no longer any 
areas in the continental United States quarantined for the Oriental 
fruit fly.

DATES: This interim rule is effective July 23, 2007. We will consider 
all comments that we receive on or before September 21, 2007.

ADDRESSES: You may submit comments by either of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click ``Submit.'' In the Docket ID column, select 
APHIS-2006-0151 to submit or view public comments and to view 
supporting and related materials available electronically. Information 
on using Regulations.gov, including instructions for accessing 
documents, submitting comments, and viewing the docket after the close 
of the comment period, is available through the site's ``User Tips'' 
link.
    Postal Mail/Commercial Delivery: Please send four copies of your 
comment (an original and three copies) to Docket No. APHIS-2006-0151, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. APHIS-2006-0151.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Domestic 
Coordinator, Fruit Fly Exclusion and Detection Programs, APHIS, 4700 
River Road Unit 137, Riverdale, MD 20737-1234; (301) 734-6553.

SUPPLEMENTARY INFORMATION: 

Background

    The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a 
destructive pest of citrus and other types of fruit, nuts, vegetables, 
and berries. The short life cycle of the Oriental fruit fly allows 
rapid development of serious outbreaks, which can cause severe economic 
losses. Heavy infestations can cause complete loss of crops.
    The Oriental fruit fly regulations, contained in 7 CFR 301.93 
through 301.93-10 (referred to below as the regulations), restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the spread of the Oriental fruit fly to noninfested areas of 
the United States. The regulations also designate soil and a large 
number of fruits, nuts, vegetables, and berries as regulated articles.
    In an interim rule published in the Federal Register on January 22, 
2007 (72 FR 2597-2599, Docket No. APHIS-2006-0151), we amended the 
regulations by adding the Santa Ana area of Orange County, CA, to the 
list of quarantined areas and restricted the interstate movement of 
regulated articles from that area.
    Based on trapping surveys conducted by inspectors of California 
State and county agencies, we have determined that the Oriental fruit 
fly has been eradicated from the quarantined portion of Orange County. 
The last finding of Oriental fruit fly in this quarantined area was 
December 5, 2006.
    Since then, no evidence of Oriental fruit fly infestation has been 
found in this area. Based on our experience, we have determined that 
sufficient time has passed without finding additional flies or other 
evidence of infestation to conclude that the Oriental fruit fly no 
longer exists in Orange County, CA. Therefore, we are removing the 
entry for the Santa Ana area of Orange County, CA, from the list of 
quarantined areas in Sec.  301.93-3(c). With the removal of the Santa 
Ana area of Orange County from that list, there are no longer any areas 
in the continental United States quarantined for the Oriental fruit 
fly.

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary. A portion of Orange County, CA, was quarantined due 
to the possibility that the Oriental fruit fly could spread from this 
area to noninfested areas of the United States. Since we have concluded 
that the Oriental fruit fly no longer exists in this county, immediate 
action is warranted to remove the quarantine on Orange County, CA, and 
to relieve the restrictions on the interstate movement of regulated 
articles from this area. Under these circumstances, the Administrator 
has determined that prior notice and opportunity for public comment are 
contrary to the public interest and that there is good cause under 5 
U.S.C. 553 for making this action effective less than 30 days after 
publication in the Federal Register.

[[Page 40062]]

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    This rule amends the Oriental fruit fly regulations by removing the 
Santa Ana area of Orange County, CA, from the list of quarantined 
areas. This action also removes restrictions on the interstate movement 
of regulated articles from that area.
    County records indicate that there are 11 farmers markets, 15 fruit 
sellers, 4 growers, 2 nurseries, 14 swapmeets, 1 mobile vendor, and 1 
yard maintenance company within the area that has been quarantined. We 
expect that the effect of this interim rule on those businesses, all of 
which are small entities, will be minimal. Small entities located 
within the quarantined area that sell regulated articles do so 
primarily for local intrastate, not interstate, movement, so the 
effect, if any, of this rule on these entities appears likely to be 
minimal. In addition, the effect on any small entities that may move 
regulated articles interstate has been minimized during the quarantine 
period by the availability of various treatments that allow these small 
entities, in most cases, to move regulated articles interstate with 
very little additional cost. Thus, just as the previous interim rule 
establishing the quarantined area in Orange County, CA, had little 
effect on the small entities in the area, the lifting of the quarantine 
in this interim rule will also have little effect.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

0
Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
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).

0
2. In Sec.  301.93-3, paragraph (c) is revised to read as follows:


Sec.  301.93-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas: 
There are no areas in the continental United States quarantined for the 
Oriental fruit fly.

    Done in Washington, DC, this 18th day of July 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-14163 Filed 7-20-07; 8:45 am]
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