[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Rules and Regulations]
[Pages 60759-60760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21119]
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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
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Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 /
Rules and Regulations
[[Page 60759]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2006-0151]
Oriental Fruit Fly; Addition and Removal of Quarantined Areas in
California
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended 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. That action was necessary to remove
restrictions that were no longer necessary to prevent the spread of the
Oriental fruit fly into noninfested areas of the United States. 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 that action, there are no longer any areas in the continental United
States quarantined for the Oriental fruit fly.
DATES: Effective on October 26, 2007, we are adopting as a final rule
the interim rule published at 72 FR 40061-40062 on July 23, 2007.
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 \1\ effective and published in the Federal
Register on November 17, 2006 (71 FR 66831-66833, Docket No. APHIS-
2006-0151), we amended the regulations by adding a portion of San
Bernardino County, CA, to the list of quarantined areas and restricting
the interstate movement of regulated articles from that area. We also
amended the definitions of the terms core area and day degrees and
added jujube (Ziziphus spp.) to the list of articles regulated for
Oriental fruit fly. The November 2006 interim rule was necessary to
prevent the spread of Oriental fruit fly into noninfested areas of the
United States and to update the regulations to reflect current science
and practices.
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\1\ To view the interim rules and the comment we received, go to
http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0151.
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Comments on the interim rule were required to be received on or
before January 16, 2007. We did not receive any comments.
In a second interim rule \2\ effective and 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 restricting the
interstate movement of regulated articles from that area. In addition,
we removed the portion of San Bernardino County, CA, from the list of
quarantined areas and removed restrictions on the interstate movement
of regulated articles from that area. We took that action based on
trapping surveys conducted by inspectors of California State and county
agencies that showed that the Santa Ana area of Orange County, CA, had
been infested with the Oriental fruit fly and that the Oriental fruit
fly had been eradicated from the quarantined portion of San Bernardino
County, CA.
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\2\ See footnote 1.
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Comments on the interim rule were required to be received on or
before March 23, 2007. We received one comment by that date, from a
private citizen. The commenter alluded to fruit fly eradication efforts
that had occurred in the 1980s, but did not address the interim rule.
Finally, in a third interim rule \3\ effective and published in the
Federal Register on July 23, 2007 (72 FR 40061-40062, Docket No. APHIS-
2006-0151), we amended the 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. We took that action based on trapping surveys conducted by
inspectors of California State and county agencies that showed that the
Oriental fruit fly had been eradicated from the Santa Ana area of
Orange County, CA. As a result of that action, there are no longer any
areas in the continental United States quarantined for the Oriental
fruit fly.
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\3\ See footnote 1.
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Comments on the interim rule were required to be received on or
before September 21, 2007. We did not receive any comments. Therefore,
for the reasons given in the interim rule, we are adopting the July
2007 interim rule as a final rule.
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
[[Page 60760]]
PART 301--DOMESTIC QUARANTINE NOTICES
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 72
FR 40061-40062 on July 23, 2007.
Done in Washington, DC, this 22nd day of October 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-21119 Filed 10-25-07; 8:45 am]
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