[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Rules and Regulations]
[Pages 2597-2599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-801]
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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. 13 / Monday, January 22, 2007 / Rules
and Regulations
[[Page 2597]]
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: Interim rule and request for comments.
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SUMMARY: We are amending the Oriental fruit fly 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 are removing a portion of San
Bernardino County, CA, from the list of quarantined areas and removing
restrictions on the interstate movement of regulated articles from that
area. These actions are necessary to prevent the artificial spread of
Oriental fruit fly to noninfested areas of the United States and to
remove restrictions that are no longer necessary on the interstate
movement of regulated articles from areas where Oriental fruit fly has
been eradicated.
DATES: This interim rule is effective January 22, 2006. We will
consider all comments that we receive on or before March 23, 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, National
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), were
established to prevent the spread of the Oriental fruit fly into
noninfested areas of the United States. Paragraph (a) of Sec. 301.93-3
provides that the Administrator will list as a quarantined area each
State, or each portion of a State, in which the Oriental fruit fly has
been found by an inspector, in which the Administrator has reason to
believe that the Oriental fruit fly is present, or that the
Administrator considers necessary to regulate because of its proximity
to the Oriental fruit fly or its inseparability for quarantine
enforcement purposes from localities in which the Oriental fruit fly
has been found. The regulations impose restrictions on the interstate
movement of regulated articles from the quarantined areas. Quarantined
areas are listed in Sec. 301.93-3(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 the Oriental fruit fly.
Addition of Quarantined Areas
Recent trapping surveys by inspectors of California State and
county agencies reveal that the Santa Ana area of Orange County, CA, is
infested with the Oriental fruit fly.
State agencies in California have begun an intensive Oriental fruit
fly eradication program in the quarantined area in Orange County. Also,
California has taken action to restrict the intrastate movement of
regulated articles from the quarantined area.
Accordingly, to prevent the spread of the Oriental fruit fly into
noninfested areas of the United States, we are amending the regulations
in Sec. 301.93-3(c) by designating the Santa Ana area of Orange
County, CA, as a quarantined area for the Oriental fruit fly. The
quarantined area is described in the regulatory text at the end of this
document.
Removal of Quarantined Areas
In an interim rule published in the Federal Register on November
17, 2006 (71 FR 66831-66833, Docket No. APHIS-2006-0151), we
quarantined a portion of San Bernardino County, CA, and restricted the
interstate movement of regulated articles from the quarantined area.
Based on trapping surveys conducted by inspectors of California
State and county agencies, we have determined that the Oriental fruit
fly has been
[[Page 2598]]
eradicated from the quarantined portion of San Bernardino County. The
last finding of Oriental fruit fly in this quarantined area was August
29, 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 San Bernardino County, CA. Therefore, we are removing
the entry for San Bernardino County, CA, from the list of quarantined
areas in Sec. 301.93-3(c).
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
Oriental fruit fly from spreading to noninfested areas of the United
States and is warranted to relieve restrictions that are no longer
necessary. 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 Oriental fruit fly regulations by adding the
Santa Ana area of Orange County, CA, to the list of quarantined areas.
The regulations restrict the interstate movement of regulated articles
from a quarantined 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 quarantined area. We expect that
any 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 to be minimal. The effect on any small entities that
may 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.
This rule also amends the Oriental fruit fly regulations by
removing San Bernardino County, CA, from the list of quarantined areas.
County records indicate there are approximately 18 nurseries, 96 yard
maintenance companies, 2 growers, 1 mobile vendor, 5 food banks, and 34
fruit sellers within the quarantined area that may be affected by the
lifting of the quarantine in this interim rule.
We expect that the effect of this interim rule on the small
entities referred to above 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 San Bernardino 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 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. 301.93-3, paragraph (c) is revised to read as follows:
Sec. 301.93-3 Quarantined areas.
* * * * *
(c) The areas described below are designated as quarantined areas:
CALIFORNIA
Orange County. That portion of Orange County in the Santa Ana area
bounded by a line as follows: Beginning at the intersection of
Brookhurst Street and State Highway 22; then east on State Highway 22
to Euclid Street; then north on Euclid Street to Chapman Avenue; then
east on Chapman Avenue to S. Harbor Boulevard; then north on S. Harbor
Boulevard to W. Katella Avenue; then east on W. Katella Avenue to E.
Katella Avenue; then east, northeast, east, and northeast on E. Katella
Avenue to W. Katella Avenue; then east on W. Katella Avenue to N.
Glassell Street; then south on N. Glassell Street to E. Collins Avenue;
then east on E. Collins Avenue to State Highway 55; then south on State
Highway 55 to E. Chapman Avenue; then east on E. Chapman Avenue to
Crawford Canyon Road; then south and southeast on Crawford Canyon Road
to Newport Avenue; then southwest on Newport Avenue to Foothill
Boulevard; then southeast, south, southwest, and south on Foothill
Boulevard to Skyline Drive; then northeast, south, and southeast on
Skyline Drive to Racquet Hill Drive; then southeast on Racquet Hill
Drive to its southernmost point; then southeast from that point along
an imaginary line to the intersection of Tustin Ranch Road
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and Portola Parkway; then southeast on Portola Parkway to State Highway
261; then southwest on State Highway 261 to Irvine Boulevard; then
southeast on Irvine Boulevard to Culver Drive; then southwest on Culver
Drive to U.S. Interstate 5; then southeast on U.S. Interstate 5 to
Jeffery Road; then southwest on Jeffery Road to University Drive; then
southwest, west, and southwest on University Drive to State Highway 73;
then northwest on State Highway 73 to Irvine Avenue; then southwest,
west, and southwest on Irvine Avenue to 22nd Street; then northwest on
22nd Street to Victoria Street; then west on Victoria Street to Harbor
Boulevard; then north on Harbor Boulevard to Adams Avenue; then west on
Adams Avenue to Brookhurst Avenue; then north on Brookhurst Avenue to
the point of beginning.
Done in Washington, DC, this 16th day of January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-801 Filed 1-19-07; 8:45 am]
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