[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Rules and Regulations]
[Pages 9171-9172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3106]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / 
Rules and Regulations

[[Page 9171]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2008-0004]


Mediterranean Fruit Fly; Add Portion of Los Angeles County, 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 a portion of Los Angeles County, CA, to the list of quarantined 
areas and by restricting the interstate movement of regulated articles 
from that area. This action is necessary to prevent the artificial 
spread of Mediterranean fruit fly.

DATES: This interim rule is effective on February 20, 2008. We will 
consider all comments that we receive on or before April 21, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0004 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0004, 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-2008-0004.
    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. In Sec.  301.78-3, paragraph (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 equivalent to 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 a portion of Los Angeles County, CA, 
is infested with Medfly.
    State agencies in California have begun an intensive Medfly 
eradication program in the quarantined area in Los Angeles County. 
Also, California has taken action to restrict the intrastate movement 
of regulated articles from the quarantined area.
    Accordingly, in order to prevent the spread of Medfly into 
noninfested areas of the United States, we are amending the regulations 
in Sec.  301.78-3(c) by designating a portion of Los Angeles County, 
CA, as a quarantined area. The quarantined area is described in the 
regulatory text at the end of this document.

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 that 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 a portion of Los 
Angeles County, CA, to the list of quarantined areas. The regulations 
restrict the interstate movement of regulated articles from the 
quarantined area. Within the quarantined area there

[[Page 9172]]

are approximately 426 small entities that may be affected by this rule. 
These include 2 food distributors, 129 farmers' markets (including both 
fruit and plant sellers), 141 fruit sellers, 4 growers, 47 nurseries, 2 
recyclers/land fillers, 14 swap meets (including both fruit sellers and 
plant sellers), 39 loaders (including fruit packers, trucking 
companies, and shipping services), and 48 yard maintenance firms. These 
426 small 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 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. In Sec.  301.78-3, paragraph (c) is amended by adding, in 
alphabetical order under the heading ``California,'' an entry for Los 
Angeles County to read as follows:


Sec.  301.78-3  Quarantined areas.

* * * * *
    (c) * * *

CALIFORNIA

    Los Angeles County. That portion of Los Angeles County in the Palos 
Verdes Peninsula area bounded by a line as follows: Beginning at the 
intersection of State Highway 1 and Torrance Boulevard; then east, 
southeast, northeast, southeast, east, southeast, and east on Torrance 
Boulevard to Cabrillo Avenue; then southeast and south on Cabrillo 
Avenue to West Carson Street; then east on West Carson Street to South 
Vermont Avenue; then south on South Vermont Avenue to West 223rd 
Street; then east on West 223rd Street to Main Street; then south on 
Main Street to East Sepulveda Boulevard; then east on East Sepulveda 
Boulevard to Avalon Boulevard; then south on Avalon Boulevard to West 
Harry Bridges Boulevard; then southwest on West Harry Bridges Boulevard 
to John S. Gibson Boulevard; then southwest and south on John S. Gibson 
Boulevard to North Pacific Avenue; then south and southeast on North 
Pacific Avenue to North Front Street; then northeast and southeast on 
North Front Street to North Harbor Boulevard; then southeast on North 
Harbor Boulevard to South Harbor Boulevard; then south on South Harbor 
Boulevard to Miner Street; then southeast on Miner Street to East 22nd 
Street; then southwest on East 22nd Street to West 22nd Street; then 
southwest and west on West 22nd Street to South Pacific Avenue; then 
south on South Pacific Avenue to its intersection with the northern 
boundary of Point Fermin Park; then northeast and southeast along the 
boundary line of Point Fermin Park to its intersection with the 
California coastline; then southwest, north, northwest, west, 
southwest, northwest, southwest, northwest, southwest, northwest, west, 
northwest, southwest, northwest, southwest, south, west, north, 
northwest, southwest, northwest, northeast, north, northwest, 
southwest, northwest, southwest, north, northwest, southwest, 
northeast, northwest, north, northwest, northeast, northwest, north, 
northwest, northeast, northwest, west, northwest, northeast, northwest, 
west, northwest, northeast, northwest, southwest, northwest, northeast, 
north, northeast, north, northwest, north, northwest, southwest, north, 
northeast, and north along the California coastline to its intersection 
with the southern boundary line of Redondo Beach State Park; then 
northeast, north, west, north, northwest, and north along the boundary 
line of Redondo Beach State Park to its intersection with the boundary 
line of Veterans Park; then east, northeast, and north along the 
boundary line of Veterans Park to its intersection with Torrance 
Boulevard; then east on Torrance Boulevard to the point of beginning.
* * * * *

    Done in Washington, DC, this 13th day of February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-3106 Filed 2-19-08; 8:45 am]
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