[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Rules and Regulations]
[Pages 69137-69139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23770]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / 
Rules and Regulations

[[Page 69137]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2007-0133]


Mediterranean Fruit Fly; Add Portions of Santa Clara and Solano 
Counties, CA, to the List 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 Mediterranean fruit fly regulations by 
adding portions of Santa Clara and Solano Counties, CA, to the list of 
quarantined areas and restricting the interstate movement of regulated 
articles from those areas. We are also amending the definitions of the 
terms core area and day degrees and adding blueberries (Vaccinium spp.) 
to the list of articles regulated for Mediterranean fruit fly. These 
actions are necessary to prevent the artificial spread of Mediterranean 
fruit fly to noninfested areas of the United States and to update the 
regulations to reflect current science and practices.

DATES: This interim rule is effective December 7, 2007. We will 
consider all comments that we receive on or before February 5, 2008.

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-2007-0133 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-
2007-0133, 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-2007-0133.
    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, PPQ, APHIS, 
4700 River Road Unit 137, Riverdale, MD 20737-1234; (301) 734-4387.

SUPPLEMENTARY INFORMATION: 

Background

    The Mediterranean fruit fly (Medfly, Ceratitis capitata 
[Wiedemann]) is one of the world's most destructive pests of numerous 
fruits and vegetables. The short life cycle of the Medfly allows rapid 
development of serious outbreaks, which can cause severe economic 
losses. Heavy infestations can cause complete loss of crops.
    The Mediterranean fruit fly regulations, contained in 7 CFR 301.78 
through 301.78-10 (referred to below as the regulations), were 
established to prevent the spread of Medfly into noninfested areas of 
the United States. Section 301.78-3(a) provides that the Administrator 
will list as a quarantined area each State, or each portion of a State, 
in which Medfly has been found by an inspector, in which the 
Administrator has reason to believe that Medfly is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which Medfly has been found. The regulations impose restrictions on the 
interstate movement of regulated articles from the quarantined areas. 
Quarantined areas are listed in Sec.  301.78-3(c).
    Less than an entire State will be designated as a quarantined area 
only if the Administrator determines that: (1) The State has adopted 
and is enforcing restrictions on the intrastate movement of the 
regulated articles that are substantially the same as those imposed on 
the interstate movement of regulated articles and (2) the designation 
of less than the entire State as a quarantined area will prevent the 
interstate spread of Medfly.
    Recent trapping surveys by inspectors of California State and 
county agencies have revealed that portions of Santa Clara and Solano 
Counties, CA, are infested with Medfly.
    State agencies in California have begun an intensive Medfly 
eradication program in the quarantined areas in Santa Clara and Solano 
Counties. Also, California has taken action to restrict the intrastate 
movement of regulated articles from the quarantined areas.
    Accordingly, to prevent the spread of Medfly into noninfested areas 
of the United States, we are amending the regulations in Sec.  301.78-3 
by designating portions of Santa Clara and Solano Counties, CA, as 
quarantined areas for Medfly. The quarantined areas are described in 
the regulatory text at the end of this document.
    Section 301.78-1 of the regulations currently defines the term core 
area as ``the 1 square mile area surrounding each property where 
Mediterranean fruit fly has been detected.'' We have determined that it 
is necessary to amend the definition of core area because the use of 
GPS technology allows us to more accurately measure the distance from a 
positive detection site of Medfly. Therefore, we are revising the 
definition of the term core area to read ``the area within a circle 
surrounding each detection using a \1/2\-mile radius with the detection 
as a center point.''
    The regulations currently define the term day degrees as a 
mathematical construct combining average temperature over time that is 
used to calculate the length of a Mediterranean

[[Page 69138]]

fruit fly life cycle. Day degrees are the product of the following 
formula, with all temperatures measured in [deg]F.: [(Minimum Daily 
Temp + Maximum Daily Temp)/2]-54[deg] = Day Degrees. We have determined 
that it is necessary to amend the definition of day degrees because the 
use of weather service data entered into a computer model enables us to 
more accurately measure day degree accumulation based upon the latest 
biological information than was previously possible. Therefore, we are 
revising the definition of day degrees to read ``a unit of measurement 
used to measure the amount of heat required to further the development 
of fruit flies through their life cycle. Day-degree life cycle 
requirements are calculated through a modeling process specific for 
each fruit fly species.''
    We are also adding blueberries (Vaccinium spp.) to the regulated 
articles list in Sec.  301.78-2 because recent scientific information 
supports the conclusion that blueberries are susceptible to infestation 
by Medfly; therefore, the movement of blueberry fruit from infested 
areas poses a pest risk. Supporting documentation regarding the host 
status of blueberries can be found at: http://www.aphis.usda.gov/
plant_health/plant_pest_info/fruit_flies/index.shtml.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent 
Medfly from spreading to noninfested areas of the United States. 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 rule 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

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 Medfly regulations by adding portions of Santa 
Clara and Solano Counties, CA, to the list of quarantined areas. The 
regulations restrict the interstate movement of regulated articles from 
the quarantined areas. Within the quarantined areas there are 
approximately 251 small entities that may be affected by this rule. 
These include 125 markets (including swap meets and farmer's markets), 
53 growers, 24 shippers, 23 nurseries, 17 yard maintenance firms, 8 
packers/processors, and 1 green waste hauler. These 251 entities 
comprise less than 1 percent of the total number of similar entities 
operating in the State of California. Additionally, few of these small 
entities move regulated articles interstate during the normal course of 
their business, nor do consumers of products purchased from those 
entities generally move those products interstate.
    The effect on those few entities that do move regulated articles 
interstate will be minimized by the availability of various treatments 
that, in most cases, will allow these small entities to move regulated 
articles interstate with very little additional cost.
    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 new 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. Section 301.78-1 is amended by revising the definitions of core area 
and day degrees to read as follows:


Sec.  301.78-1  Definitions.

* * * * *
    Core area. The area within a circle surrounding each detection 
using a 1/2-mile radius with the detection as a center point.
    Day degrees. A unit of measurement used to measure the amount of 
heat required to further the development of fruit flies through their 
life cycle. Day-degree life cycle requirements are calculated through a 
modeling process specific for each fruit fly species.
* * * * *


Sec.  301.78-2  [Amended]

0
3. In Sec.  301.78-2, paragraph (a) is amended by adding, in 
alphabetical order, an entry for ``Blueberry (Vaccinium spp.)''.

0
4. In Sec.  301.78-3, paragraph (c) is revised to read as follows:


Sec.  301.78-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas:

California

    Santa Clara County. That portion of Santa Clara County in the San 
Jose area bounded by a line as follows: Beginning at the intersection 
of Interstate 880 and Montague Expressway; then northeast and east on 
Montague Expressway to Trade Zone Boulevard; then southeast and 
northeast on Trade Zone Boulevard to Cropley Avenue; then northeast on 
Cropley Avenue to Old Piedmont Road; then northwest on Old Piedmont 
Road to Berryessa Creek; then northeast, east, southeast, northeast, 
southeast, northeast, east, and northeast along Berryessa Creek to its 
intersection with Berryessa Creek Branch; then southeast from Berryessa 
Creek Branch along an imaginary line to the intersection of Sierra Road 
and the City of San Jose boundary line; then northeast, southeast, 
southwest, southeast, northeast, southeast, southwest, and southeast 
along the City of San Jose boundary line to Alum Rock Falls Road;

[[Page 69139]]

then southeast, northeast, southeast, southwest, southeast, northeast, 
southeast, northeast, east, southeast, southwest, northwest, southwest, 
southeast, southwest, northwest, southwest, southeast, southwest, 
northwest, west, southeast, northwest, west, and southwest on Alum Rock 
Falls Road to State Highway 130; then southeast on State Highway 130 to 
Quimby Road; then southwest, northwest, southwest, northwest, 
southwest, and south on Quimby Road to Buckeye Ranch; then southeast 
and southwest on Buckeye Ranch to its southwesternmost point; then 
southwest from that point along an imaginary line to the 
northeasternmost point of Fowler Road; then southwest, southeast, east, 
southeast, northwest, southwest, southeast, south, west, northwest, and 
west on Fowler Road to Yerba Buena Road; then south and west on Yerba 
Buena Road to San Felipe Road; then southeast on San Felipe Road to 
Farnsworth Drive; then southwest, northwest, and southwest on 
Farnsworth Drive to Silver Creek Valley Road; then southwest, 
southeast, southwest, and west on Silver Creek Valley Road to Blossom 
Hill Road; then west and southwest on Blossom Hill Road to State 
Highway 82; then northwest on State Highway 82 to Southside Drive; then 
southeast from the intersection of State Highway 82 and Southside Drive 
along an imaginary line to the northeasternmost point of Hillsdale 
Drive; then southwest on Hillsdale Drive to Hillsdale Avenue; then west 
on Hillsdale Avenue to State Highway 87; then northwest on State 
Highway 87 to Interstate 880; then northeast and north on Interstate 
880 to the point of beginning.
    Solano County. That portion of Solano County in the Dixon area 
bounded by a line as follows: Beginning at the intersection of Boyce 
Road and Putah Creek Road; then northeast, southeast, and northeast on 
Putah Creek Road to Stevenson Bridge Road; then northeast and northwest 
on Stevenson Bridge Road to Putah Creek; then southeast along Putah 
Creek to the south fork of Putah Creek; then southeast along the south 
fork of Putah Creek to Old Davis Road; then south, west, and south on 
Old Davis Road to Tremont Road; then east on Tremont Road to Bulkley 
Road; then south on Bulkley Road to Midway Road; then west on Midway 
Road to Sikes Road; then south on Sikes Road to Swan Road; then west on 
Swan Road to Bunker Station Road; then south on Bunker Station Road to 
Binghamton Road; then west on Binghamton Road to State Highway 113; 
then north on State Highway 113 to Hawkins Road; then west on Hawkins 
Road to Lewis Road; then north on Lewis Road to Weber Road; then west 
and northwest on Weber Road to North Meridian Road; then northwest and 
north on North Meridian Road to Sweeney Road; then west on Sweeney Road 
to Halley Road; then north, southwest, and northwest on Halley Road to 
Wolfskill Road; then southwest on Wolfskill Road to Boyce Road; then 
northwest on Boyce Road to the point of beginning.

    Done in Washington, DC, this 30th day of November 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-23770 Filed 12-6-07; 8:45 am]
BILLING CODE 3410-34-P