[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
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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

[[Page 2599]]

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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