Mediterranean Fruit Fly; Remove Portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, From the List of Quarantined Areas, 53963-53964 [E6-15213]
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53963
Rules and Regulations
Federal Register
Vol. 71, No. 177
Wednesday, September 13, 2006
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 under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2005–0116]
Mediterranean Fruit Fly; Remove
Portions of Los Angeles, San
Bernardino, and Santa Clara Counties,
CA, From the List of Quarantined
Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
rmajette on PROD1PC67 with RULES1
AGENCY:
SUMMARY: We are amending the
Mediterranean fruit fly regulations by
removing portions of Los Angeles, San
Bernardino, and Santa Clara Counties,
CA, from the list of quarantined areas
and by removing restrictions on the
interstate movement of regulated
articles from those areas. This action is
necessary to relieve restrictions that are
no longer needed to prevent the spread
of Mediterranean fruit fly into
noninfested areas of the United States.
We have determined that the
Mediterranean fruit fly has been
eradicated from these portions of Los
Angeles, San Bernardino, and Santa
Clara Counties, CA, and that the
quarantine and restrictions are no longer
necessary. These portions of Los
Angeles, San Bernardino, and Santa
Clara Counties, CA, were the last
remaining areas in California
quarantined for Mediterranean fruit fly.
Therefore, as a result of this action,
there are no longer any areas in the
continental United States quarantined
for the Mediterranean fruit fly.
DATES: This interim rule was effective
September 7, 2006. We will consider all
comments that we receive on or before
November 13, 2006.
VerDate Aug<31>2005
15:10 Sep 12, 2006
Jkt 208001
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://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–2005–
0116 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–2005–0116,
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–
2005–0116.
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
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Wayne D. Burnett, National Fruit Fly
Program Manager, PPQ, APHIS, 4700
River Road Unit 134, Riverdale, MD
20737–1236; (301) 734–4387.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
The Mediterranean fruit fly (Medfly,
Ceratitis capitata [Wiedemann]) is one
of the world’s most destructive pests of
numerous fruits and vegetables. The
Medfly can cause serious economic
losses. Heavy infestations can cause
complete loss of crops, and losses of 25
to 50 percent are not uncommon. The
short life cycle of this pest permits the
rapid development of serious outbreaks.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
The Mediterranean fruit fly
regulations, contained in 7 CFR 301.78
through 301.78–10 (referred to below as
the regulations), restrict the interstate
movement of regulated articles from
quarantined areas to prevent the spread
of Medfly 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 effective on
February 7, 2006, and published in the
Federal Register on February 13, 2006
(71 FR 7393–7395, Docket No. APHIS–
2005–0116), we quarantined portions of
Los Angeles, San Bernardino, and Santa
Clara Counties, CA, and restricted the
interstate movement of regulated
articles from the quarantined areas.
Based on trapping surveys conducted
by inspectors of California State and
county agencies and by inspectors of the
Animal and Plant Health Inspection
Service, we have determined that
Medfly has been eradicated from the
quarantined portions of these counties.
The last finding of Medfly in the Los
Angeles and San Bernardino Counties,
CA, quarantined areas was December
13, 2005, and the last finding of Medfly
in the Santa Clara County, CA,
quarantined area was October 9, 2005.
Since then, no evidence of Medfly
infestation has been found in these
areas. Based on our experience, we have
determined that sufficient time has
passed without finding additional flies
or other evidence of infestation to
conclude that Medfly no longer exists in
Los Angeles, San Bernardino, and Santa
Clara Counties, CA. Therefore, we are
removing the counties from the list of
quarantined areas in § 301.78–3(c). With
the removal of Los Angeles, San
Bernardino, and Santa Clara Counties,
CA, from that list, there are no longer
any areas in the continental United
States quarantined for Medfly.
Immediate Action
Immediate action is warranted to
relieve restrictions that are no longer
necessary. Portions of Los Angeles, San
Bernardino, and Santa Clara Counties,
CA, were quarantined due to the
possibility that the Medfly could be
spread from those areas to noninfested
areas of the United States. Since we
have concluded that Medfly no longer
exists in those areas, immediate action
is warranted to remove the quarantine
on Los Angeles, San Bernardino, and
E:\FR\FM\13SER1.SGM
13SER1
53964
Federal Register / Vol. 71, No. 177 / Wednesday, September 13, 2006 / Rules and Regulations
rmajette on PROD1PC67 with RULES1
Santa Clara Counties, CA, and to relieve
the restrictions on the interstate
movement of regulated articles from
those areas. 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.
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.
Done in Washington, DC, this 7th day of
September 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E6–15213 Filed 9–12–06; 8:45 am]
Executive Order 12372
DEPARTMENT OF COMMERCE
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.)
Bureau of Industry and Security
Executive Order 12988
Amendment to General Order No. 3:
Addition of Certain Entities; Correction
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 action amends the Medfly
regulations by removing Los Angeles,
San Bernardino, and Santa Clara
Counties, CA, from the list of
quarantined areas.
County records indicated there are
approximately 297 small entities that
may be affected by the lifting of the
quarantine in this interim rule. These
include 127 yard maintenance firms,
110 fruit sellers, 22 nurseries, 15
growers, 4 distributors, 4 haulers, 3
certified farmers’ market, 3 processors, 2
harvesters, 2 packers, 2 recyclers, 1 food
bank, 1 producer, and 1 swapmeet.
These 297 entities comprise less than 1
percent of the total number of similar
entities operating in the State of
California.
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 portions of Los
Angeles, San Bernardino, and Santa
Clara Counties, CA, had little effect on
the small entities in the area, the lifting
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.
VerDate Aug<31>2005
15:10 Sep 12, 2006
Jkt 208001
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.
Accordingly, we are amending 7 CFR
part 301 as follows:
I
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
I
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).
I 2. In § 301.78–3, paragraph (c) is
revised to read as follows:
§ 301.78–3
Quarantined areas.
*
*
*
*
*
(c) The areas described below are
designated as quarantined areas: There
are no areas in the continental United
States quarantined for the
Mediterranean fruit fly.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
BILLING CODE 3410–34–P
15 CFR Part 736
[Docket No. 060818222–6222–01]
RIN 0694–AD83
Bureau of Industry and
Security, Commerce.
ACTION: Correcting amendment.
AGENCY:
SUMMARY: The Bureau of Industry and
Security (BIS) published a final rule in
the Federal Register on Wednesday,
September 6, 2006 (71 FR 52426) that
amended a general order published on
June 5, 2006 in the Federal Register to
add nine additional entities related to
Mayrow General Trading. The
September 6, 2006, final rule contained
an error in the amendatory language for
paragraph (a)(1). This document corrects
that error by revising that paragraph of
the general order.
DATES: Effective Date: This rule is
effective September 6, 2006.
FOR FURTHER INFORMATION CONTACT:
Michael D. Turner, Director, Office of
Export Enforcement, Bureau of Industry
and Security, Department of Commerce,
P.O. Box 273, Washington, DC 20044;
Phone: (202) 482–1208, x3; E-mail:
rpd2@bis.doc.gov; Fax: (202) 482–0964.
SUPPLEMENTARY INFORMATION:
Background
This document corrects an
inadvertent error in the final rule that
was published by the Bureau of Industry
and Security (BIS) on September 6, 2006
(71 FR 52426). In the September 6, 2006,
final rule, the amendatory instruction
for General Order No. 3 to Supplement
No. 1 to part 736, paragraph (a)(1) did
not specify that the entire paragraph
(a)(1) was being revised. This document
corrects General Order No. 3 to
Supplement No. 1 to part 736, by
revising paragraph (a)(1).
Consistent with section 6 of the
Export Administration Act of 1979, as
amended (50 U.S.C. app. 2401–2420)
(2000) (the ‘‘Act’’), a foreign policy
report was submitted to Congress on
August 29, 2006, notifying Congress of
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 71, Number 177 (Wednesday, September 13, 2006)]
[Rules and Regulations]
[Pages 53963-53964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15213]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 177 / Wednesday, September 13, 2006 /
Rules and Regulations
[[Page 53963]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2005-0116]
Mediterranean Fruit Fly; Remove Portions of Los Angeles, San
Bernardino, and Santa Clara Counties, CA, From the List of Quarantined
Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the Mediterranean fruit fly regulations by
removing portions of Los Angeles, San Bernardino, and Santa Clara
Counties, CA, from the list of quarantined areas and by removing
restrictions on the interstate movement of regulated articles from
those areas. This action is necessary to relieve restrictions that are
no longer needed to prevent the spread of Mediterranean fruit fly into
noninfested areas of the United States. We have determined that the
Mediterranean fruit fly has been eradicated from these portions of Los
Angeles, San Bernardino, and Santa Clara Counties, CA, and that the
quarantine and restrictions are no longer necessary. These portions of
Los Angeles, San Bernardino, and Santa Clara Counties, CA, were the
last remaining areas in California quarantined for Mediterranean fruit
fly. Therefore, as a result of this action, there are no longer any
areas in the continental United States quarantined for the
Mediterranean fruit fly.
DATES: This interim rule was effective September 7, 2006. We will
consider all comments that we receive on or before November 13, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
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-2005-0116 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-
2005-0116, 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-2005-0116.
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 https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Fruit
Fly Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale,
MD 20737-1236; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
The Mediterranean fruit fly (Medfly, Ceratitis capitata
[Wiedemann]) is one of the world's most destructive pests of numerous
fruits and vegetables. The Medfly can cause serious economic losses.
Heavy infestations can cause complete loss of crops, and losses of 25
to 50 percent are not uncommon. The short life cycle of this pest
permits the rapid development of serious outbreaks.
The Mediterranean fruit fly regulations, contained in 7 CFR 301.78
through 301.78-10 (referred to below as the regulations), restrict the
interstate movement of regulated articles from quarantined areas to
prevent the spread of Medfly 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 effective on February 7, 2006, and published in
the Federal Register on February 13, 2006 (71 FR 7393-7395, Docket No.
APHIS-2005-0116), we quarantined portions of Los Angeles, San
Bernardino, and Santa Clara Counties, CA, and restricted the interstate
movement of regulated articles from the quarantined areas.
Based on trapping surveys conducted by inspectors of California
State and county agencies and by inspectors of the Animal and Plant
Health Inspection Service, we have determined that Medfly has been
eradicated from the quarantined portions of these counties. The last
finding of Medfly in the Los Angeles and San Bernardino Counties, CA,
quarantined areas was December 13, 2005, and the last finding of Medfly
in the Santa Clara County, CA, quarantined area was October 9, 2005.
Since then, no evidence of Medfly infestation has been found in
these areas. Based on our experience, we have determined that
sufficient time has passed without finding additional flies or other
evidence of infestation to conclude that Medfly no longer exists in Los
Angeles, San Bernardino, and Santa Clara Counties, CA. Therefore, we
are removing the counties from the list of quarantined areas in Sec.
301.78-3(c). With the removal of Los Angeles, San Bernardino, and Santa
Clara Counties, CA, from that list, there are no longer any areas in
the continental United States quarantined for Medfly.
Immediate Action
Immediate action is warranted to relieve restrictions that are no
longer necessary. Portions of Los Angeles, San Bernardino, and Santa
Clara Counties, CA, were quarantined due to the possibility that the
Medfly could be spread from those areas to noninfested areas of the
United States. Since we have concluded that Medfly no longer exists in
those areas, immediate action is warranted to remove the quarantine on
Los Angeles, San Bernardino, and
[[Page 53964]]
Santa Clara Counties, CA, and to relieve the restrictions on the
interstate movement of regulated articles from those areas. 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.
This action amends the Medfly regulations by removing Los Angeles,
San Bernardino, and Santa Clara Counties, CA, from the list of
quarantined areas.
County records indicated there are approximately 297 small entities
that may be affected by the lifting of the quarantine in this interim
rule. These include 127 yard maintenance firms, 110 fruit sellers, 22
nurseries, 15 growers, 4 distributors, 4 haulers, 3 certified farmers'
market, 3 processors, 2 harvesters, 2 packers, 2 recyclers, 1 food
bank, 1 producer, and 1 swapmeet. These 297 entities comprise less than
1 percent of the total number of similar entities operating in the
State of California.
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 portions of Los Angeles, San
Bernardino, and Santa Clara Counties, CA, 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).
0
2. In Sec. 301.78-3, paragraph (c) is revised to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) The areas described below are designated as quarantined areas:
There are no areas in the continental United States quarantined for the
Mediterranean fruit fly.
Done in Washington, DC, this 7th day of September 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-15213 Filed 9-12-06; 8:45 am]
BILLING CODE 3410-34-P
