[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Rules and Regulations]
[Page 1135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-110]



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  Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / 
Rules and Regulations  

[[Page 1135]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2005-0116]


Mediterranean Fruit Fly; Remove Portions of Los Angeles, San 
Bernardino, and Santa Clara Counties, CA, From the List of Quarantined 
Areas

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 Mediterranean fruit fly regulations by removing 
portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, 
from the list of quarantined areas and by removing restrictions on the 
interstate movement of regulated articles from those areas. The interim 
rule was necessary to relieve restrictions that were no longer needed 
to prevent the spread of the Mediterranean fruit fly into noninfested 
areas of the United States.

DATES: Effective Date: Effective on January 10, 2007, we are adopting 
as a final rule the interim rule published at 71 FR 53963-53964 on 
September 13, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Fruit 
Fly Program Manager, PPQ, APHIS, 4700 River Road, Unit 134, Riverdale, 
MD 20737-1236; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule \1\ effective on February 7, 2006, and published 
in the Federal Register on February 13, 2006 (71 FR 7393-7395, Docket 
No. APHIS-2005-0116), we amended the Mediterranean fruit fly 
regulations contained in 7 CFR 301.78 through 301.78-10 (referred to 
below as the regulations) by adding portions of Los Angeles, San 
Bernardino, and Santa Clara Counties, CA, to the list of quarantined 
areas in Sec.  301.78-3(c) and restricting the interstate movement of 
regulated articles from those areas. The February 2006 interim rule was 
necessary to prevent the spread of Mediterranean fruit fly into 
noninfested areas of the United States. Comments on the interim rule 
were required to be received on or before April 14, 2006. We did not 
receive any comments.
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    \1\ To view the interim rule, go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2005-0116, then click 
``Submit.'' Clicking on the Docket ID link in the search results 
page will produce a list of all documents in the docket.
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    In a second interim rule \2\ effective September 7, 2006, and 
published in the Federal Register on September 13, 2006 (71 FR 53963-
53964, Docket No. APHIS-2005-0116), we amended the regulations by 
removing those same portions of Los Angeles, San Bernardino, and Santa 
Clara Counties, CA, from the list of quarantined areas and removing 
restrictions on the interstate movement of regulated articles from 
those areas. We took that action based on trapping surveys conducted by 
inspectors of California State and county agencies that showed that the 
Mediterranean fruit fly had been eradicated from the quarantined 
portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA. 
As a result of that action, there are no longer any areas in the 
continental United States quarantined for the Mediterranean fruit fly.
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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 November 13, 2006. We did not receive any comments. Therefore, 
for the reasons given in the interim rule, we are adopting the interim 
rule as a final rule.
    This action also affirms the information contained in the interim 
rules 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.

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 71 
FR 53963-53964 on September 13, 2006.

    Done in Washington, DC, this 3rd day of January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-110 Filed 1-9-07; 8:45 am]
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