[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Rules and Regulations]
[Pages 9172-9174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3105]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2008-0005]


Mexican Fruit Fly; Designation of Portion of San Diego County, 
CA, as a 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 
designating a portion of San Diego County, CA, as a quarantined area 
and restricting the interstate movement of regulated articles from that 
area. This action is necessary to prevent the spread of the Mexican 
fruit fly into noninfested areas of the United States.

DATES: This interim rule is effective February 20, 2008. We will 
consider all comments that we receive on or before April 21, 2008.

ADDRESSES: You may submit comments by either of the following methods:

[[Page 9173]]

     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0005 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0005, 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-2008-0005.
    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, Domestic 
Coordinator, Fruit Fly Exclusion and Detection Programs, PPQ, APHIS, 
4700 River Road Unit 137, Riverdale, MD 20737-1234; (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.
    Section 301.64-3 provides that the Deputy Administrator for Plant 
Protection and Quarantine, Animal and Plant Health Inspection Service 
(APHIS), shall list as a quarantined area each State, or each portion 
of a State, in which the Mexican fruit fly has been found by an 
inspector, in which the Deputy Administrator has reason to believe the 
Mexican fruit fly is present, or that the Deputy Administrator 
considers necessary to regulate because of its proximity to the Mexican 
fruit fly or its inseparability for quarantine enforcement purposes 
from localities in which the Mexican fruit fly occurs.
    Less than an entire State is designated as a quarantined area only 
if the Deputy Administrator determines that the State has adopted and 
is enforcing a quarantine or regulation that imposes restrictions on 
the intrastate movement of the regulated articles that are 
substantially the same as those that are imposed with respect to the 
interstate movement of the articles by the APHIS regulations and the 
designation of less than the entire State as a quarantined area will 
otherwise be adequate to prevent the artificial interstate spread of 
the Mexican fruit fly.
    Recent trapping surveys by county agencies reveal that a portion of 
San Diego County, CA, is infested with the Mexican fruit fly.
    Accordingly, to prevent the spread of the Mexican fruit fly to 
noninfested areas of the United States, we are amending the regulations 
in Sec.  301.64-3 by designating that portion of San Diego County, CA, 
as a quarantined area for the Mexican fruit fly. The quarantined area 
is described in detail in the regulatory text at the end of this 
document. The Deputy Administrator has determined that it is not 
necessary to designate the entire State of California as a quarantined 
area.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
Mexican fruit fly from spreading to noninfested areas of the United 
States. 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 Mexican fruit fly regulations by designating a 
portion of San Diego County, CA, as a quarantined area and restricting 
the interstate movement of regulated articles from that area. This 
action is necessary to prevent the spread of the Mexican fruit fly into 
noninfested areas of the United States.
    Within the quarantined area there are approximately 284 small 
entities that may be affected by this rule. These include 91 yard 
maintenance companies, 49 fruit sellers, 45 growers, 34 nurseries, 29 
markets (including swap meets and farmers' markets), 12 haulers, 11 
harvesters, 7 packers, 2 grove management businesses, 2 transient load 
businesses, and 2 distributors. These 284 entities comprise less than 1 
percent of the total number of similar entities operating in the State 
of California. Additionally, these small entities sell regulated 
articles primarily for local intrastate, not interstate movement, so 
the effect, if any, of this regulation on these entities appears to be 
minimal.
    The effect on those few entities that do 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.
    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 new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.)

[[Page 9174]]

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).


0
2. In Sec.  301.64-3, paragraph (c) is amended by adding, in 
alphabetical order, an entry for California to read as follows:


Sec.  301.64-3  Quarantined areas.

* * * * *
    (c) * * *

CALIFORNIA

    San Diego County. That portion of the county in the Escondido area 
bounded by a line as follows: Beginning at the intersection of North 
Broadway and Cougar Pass Road; then east, northeast, southeast, 
northeast, northwest, northeast, east, north, northwest, northeast, 
northwest, northeast, northwest, northeast, north, and northeast on 
Cougar Pass Road to the western boundary line of Daley Ranch; then 
northwest, north, northeast, southeast, south, east, southeast, east, 
north, and southeast along the boundary line of Daley Ranch to Frace 
Lane; then northeast along an imaginary line to the intersection of 
Tumbleweed Trail and Wildflower Way; then northeast on Wildflower Way 
to Red Ironbark Drive; then southeast on Red Ironbark Drive to 
Bridlewood Lane; then northeast on Bridlewood Lane to Santolina Street; 
then north and northeast on Santolina Street to Tee Lee Lane; then east 
and northeast on Tee Lee Lane to Banbury Drive; then northwest, north, 
northeast, and southeast on Banbury Drive to Valley Center Road; then 
northwest on Valley Center Road to Woods Valley Road; then northeast, 
southeast, northeast, southeast, northeast, southeast, northeast, 
southeast, south, and southeast on Woods Valley Road to Lake Wohlford 
Road; then southwest, southeast, southwest, south, southeast, and 
southwest on Lake Wohlford Road to Guejito Road; then southeast, south, 
southeast, and south on Guejito Road to Crown Hill Lane; then south, 
southwest, southeast, northeast, southeast, north, east, northeast, 
southeast, south, southeast, and south on Crown Hill Lane to its 
southwesternmost point; then northwest along an imaginary line to the 
northeasternmost point of Rockwood Canyon Creek; then southwest, south, 
southeast, south, southeast, south, southwest, southeast, southwest, 
south, and southwest along Rockwood Canyon Creek to State Highway 78; 
then southwest and west on State Highway 78 to Ysabel Creek Road; then 
south and southeast on Ysabel Creek Road to its intersection with Bandy 
Canyon Road; then southwest, south, west, and south on Bandy Canyon 
Road to Highland Valley Road; then west, southwest, northwest, 
southwest, northwest, southwest, northwest, and southwest on Highland 
Valley Road to Sardi Creek; then northwest along an imaginary line to 
the easternmost point of Valle Grande; then west on Valle Grande to 
Sierra Linda Drive; then northwest, southwest, northwest, southwest, 
and northwest on Sierra Linda Drive to the boundary line of The 
Vineyard at Escondido Golf Course; then northwest, northeast, west, 
northwest, southwest, northwest, southwest, southeast, southwest, and 
northwest along the boundary line of The Vineyard at Escondido Golf 
Course to Bear Valley Parkway South; then southwest on Bear Valley 
Parkway South to East Via Rancho Parkway; then northwest on East Via 
Rancho Parkway to West Via Rancho Parkway; then northwest, west, 
southwest, northwest, and west on West Via Rancho Parkway to Del Dios 
Highway; then north and northeast on Del Dios Highway to West Citracado 
Parkway; then northwest on West Citracado Parkway to Avenida Del 
Diablo; then west, northwest, north, west, and northwest on Avenida Del 
Diablo to its northwesternmost point; then northwest along an imaginary 
line to the intersection of Harmony Grove Road and Kauana Loa Drive; 
then west, north, northwest, and west on Kauana Loa Drive to Country 
Club Drive; then north, northeast, and east on Country Club Drive to 
North Citricado Parkway; then north and northeast on North Citricado 
Parkway to Nordahl Road; then northeast on Nordahl Road to State 
Highway 78; then northwest on State Highway 78 to East Mission Road; 
then northwest on East Mission Road to Bennett Avenue; then northeast, 
north, and northeast on Bennett Avenue to West El Norte Parkway; then 
northwest on West El Norte Parkway to West Country Club Lane; then 
northeast, southeast, northeast, and southeast on West Country Club 
Lane to Gary Lane; then northeast and east on Gary Lane to Avenida De 
Aquacate; then north on Avenida De Aquacate to Vaquero Glen; then east 
on Vaquero Glen to its easternmost point; then northeast along an 
imaginary line to the southernmost point of Athens Place; then north on 
Athens Place to Gem Lane; then northeast on Gem Lane to Rockhoff Road; 
then northwest, north, southeast, south, and southwest on Rockhoff Road 
to its southeastern terminal point; then southeast along an imaginary 
line to the intersection of Rockhoff Road and North Nutmeg Street; then 
northwest, northeast, and east on North Nutmeg Street to North Center 
City Parkway; then north and northwest on North Center City Parkway to 
Ivy Dell Lane; then northeast along an imaginary line to the 
intersection of Jesmond Dene Road and Rue Montreux; then northeast, 
northwest, north, east, and northeast on Rue Montreux to Rue De Lac; 
then southeast on Rue De Lac to Rue De Fleur; then north on Rue De 
Fleur to its northernmost point; then northeast along an imaginary line 
to the intersection of Los Arboles Ranch Road and Calle Ricardo; then 
northeast along an imaginary line to the intersection of Reidy Canyon 
Trail and North Broadway; then northeast, east, and north on North 
Broadway to the point of beginning.
* * * * *

    Done in Washington, DC, this 13th day of February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-3105 Filed 2-19-08; 8:45 am]
BILLING CODE 3410-34-P