[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34595-34596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12231]



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 Rules and Regulations
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  Federal Register / Vol. 72 , No. 121 / Monday, June 25, 2007 / Rules 
and Regulations  

[[Page 34595]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2007-0051]


Mexican Fruit Fly; Removal of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Mexican fruit fly regulations by removing 
a portion of Webb County, TX, from the list of quarantined areas and by 
removing restrictions on the interstate movement of regulated articles 
from this area. This action is necessary to relieve restrictions that 
are no longer needed to prevent the spread of the Mexican fruit fly 
into noninfested areas of the United States. We have determined that 
the Mexican fruit fly has been eradicated from this portion of Webb 
County, TX, and that the quarantine and restrictions are no longer 
necessary.

DATES: This interim rule was effective June 18, 2007. We will consider 
all comments that we receive on or before August 24, 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-2007-0051 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-
2007-0051, 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-2007-0051.
    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 Burnett, Domestic 
Coordinator, Fruit Fly Exclusion and Detection, PPQ, APHIS, 4700 River 
Road Unit 36, Riverdale, MD 20737-1231; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    The Mexican fruit fly (Anastrepha ludens) is a destructive pest of 
citrus and many other types of fruit. The short life cycle of the 
Mexican fruit fly allows rapid development of serious outbreaks that 
can cause severe economic losses in commercial citrus-producing areas.
    The Mexican fruit fly regulations, contained in 7 CFR 301.64 
through 301.64-10 (referred to below as the regulations), were 
established to prevent the spread of the Mexican fruit fly to 
noninfested areas of the United States. The regulations impose 
restrictions on the interstate movement of regulated articles from 
quarantined areas.
    In an interim rule effective and published in the Federal Register 
on May 18, 2007 (72 FR 27949-27951, Docket No. APHIS-2007-0051), we 
quarantined a portion of Webb County, TX, and restricted the interstate 
movement of regulated articles from the quarantined area.
    Based on trapping surveys conducted by inspectors of Texas State 
and county agencies and by inspectors of the Animal and Plant Health 
Inspection Service, we have determined that the Mexican fruit fly has 
been eradicated from the quarantined portion of Webb County. The last 
finding of Mexican fruit fly in this quarantined area was March 6, 
2007.
    Since then, no evidence of Mexican 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 Mexican fruit fly no 
longer exists in Webb County, TX. Therefore, we are removing the entry 
for this county from the list of quarantined areas in Sec.  301.64-
3(c).

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary. A portion of Webb County, TX, was quarantined due to 
the possibility that the Mexican fruit fly could spread from this area 
to noninfested areas of the United States. Since we have concluded that 
the Mexican fruit fly no longer exists in this county, immediate action 
is warranted to remove the quarantine on Webb County, TX, and to 
relieve the restrictions on the interstate movement of regulated 
articles from this area. 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 action 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.

[[Page 34596]]

    This action amends the Mexican fruit fly regulations by removing a 
portion of Webb County, TX, from the list of quarantined areas.
    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities. The Small Business 
Administration (SBA) has established size standards for determining 
which economic entities meet the definition of a small firm. The SBA 
classifies entities that would normally be affected by a quarantine for 
the Mexican fruit fly, growers of oranges (NAICS category 111310), 
citrus (except orange) groves (NAICS category 111320), apple orchards 
(NAICS category 111331), and other non-citrus farming (NAICS category 
111339), as small businesses if their annual receipts are $750,000 or 
less. Any infestation by Mexican fruit fly could result in an increase 
in producer costs for pesticides and their application and a reduction 
in production and revenue. However, according to the 2002 Census of 
Agriculture, there were no commercial farms growing these commodities 
in Webb County, TX.
    County records indicate there are approximately 1 airport, 4 bus 
terminals, 2 cargo freight forwarders, 2 distributors, 1 food bank, 2 
nurseries, and 128 fruit sellers within the area that may be affected 
by this rule.
    We expect that any small entities located within the 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 has been minimized by the 
availability of various treatments that, in most cases, allow these 
small entities to move regulated articles interstate with very little 
additional cost. Thus, just as the previous interim rule establishing 
the quarantined area in Webb County, TX, had little effect on the small 
entities in the area, the lifting of the quarantine in the current 
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 interim rule contains no 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, we are amending 7 CFR part 301 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).


Sec.  301.64-3  [Amended]

0
2. In Sec.  301.64-3, paragraph (c) is amended by removing, under the 
heading ``TEXAS'', the entry for Webb County.

    Done in Washington, DC, this 18th day of June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-12231 Filed 6-22-07; 8:45 am]
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