[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Rules and Regulations]
[Pages 60759-60760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21119]



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 Rules and Regulations
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  Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / 
Rules and Regulations  

[[Page 60759]]



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: 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 Oriental fruit fly regulations by removing the 
Santa Ana area of Orange County, CA, from the list of quarantined areas 
and removing restrictions on the interstate movement of regulated 
articles from that area. That action was necessary to remove 
restrictions that were no longer necessary to prevent the spread of the 
Oriental fruit fly into noninfested areas of the United States. The 
Santa Ana area of Orange County, CA, was the last remaining area in 
California quarantined for Oriental fruit fly. Therefore, as a result 
of that action, there are no longer any areas in the continental United 
States quarantined for the Oriental fruit fly.

DATES: Effective on October 26, 2007, we are adopting as a final rule 
the interim rule published at 72 FR 40061-40062 on July 23, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Domestic 
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), restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the spread of the Oriental fruit fly to noninfested areas of 
the United States. The regulations also designate soil and a large 
number of fruits, nuts, vegetables, and berries as regulated articles.
    In an interim rule \1\ effective and published in the Federal 
Register on November 17, 2006 (71 FR 66831-66833, Docket No. APHIS-
2006-0151), we amended the regulations by adding a portion of San 
Bernardino County, CA, to the list of quarantined areas and restricting 
the interstate movement of regulated articles from that area. We also 
amended the definitions of the terms core area and day degrees and 
added jujube (Ziziphus spp.) to the list of articles regulated for 
Oriental fruit fly. The November 2006 interim rule was necessary to 
prevent the spread of Oriental fruit fly into noninfested areas of the 
United States and to update the regulations to reflect current science 
and practices.
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    \1\ To view the interim rules and the comment we received, go to 
http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d= APHIS-2006-0151.
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    Comments on the interim rule were required to be received on or 
before January 16, 2007. We did not receive any comments.
    In a second interim rule \2\ effective and published in the Federal 
Register on January 22, 2007 (72 FR 2597-2599, Docket No. APHIS-2006-
0151), we amended the 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 removed the portion of San Bernardino County, CA, from the list of 
quarantined areas and removed restrictions on the interstate movement 
of regulated articles from that area. We took that action based on 
trapping surveys conducted by inspectors of California State and county 
agencies that showed that the Santa Ana area of Orange County, CA, had 
been infested with the Oriental fruit fly and that the Oriental fruit 
fly had been eradicated from the quarantined portion of San Bernardino 
County, CA.
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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 March 23, 2007. We received one comment by that date, from a 
private citizen. The commenter alluded to fruit fly eradication efforts 
that had occurred in the 1980s, but did not address the interim rule.
    Finally, in a third interim rule \3\ effective and published in the 
Federal Register on July 23, 2007 (72 FR 40061-40062, Docket No. APHIS-
2006-0151), we amended the regulations by removing the Santa Ana area 
of Orange County, CA, from the list of quarantined areas and removing 
restrictions on the interstate movement of regulated articles from that 
area. We took that action based on trapping surveys conducted by 
inspectors of California State and county agencies that showed that the 
Oriental fruit fly had been eradicated from the Santa Ana area of 
Orange County, CA. As a result of that action, there are no longer any 
areas in the continental United States quarantined for the Oriental 
fruit fly.
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    \3\ See footnote 1.
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    Comments on the interim rule were required to be received on or 
before September 21, 2007. We did not receive any comments. Therefore, 
for the reasons given in the interim rule, we are adopting the July 
2007 interim rule as a final rule.
    This action also affirms the information contained in the interim 
rule 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.

[[Page 60760]]

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 72 
FR 40061-40062 on July 23, 2007.

    Done in Washington, DC, this 22nd day of October 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-21119 Filed 10-25-07; 8:45 am]
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