[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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
week.
========================================================================
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.
-----------------------------------------------------------------------
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]
BILLING CODE 3410-34-P